Big blow to NASA in presidential ballot case

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Court of Appeal judges (in no particular order) ; Erastus Githinji, Roselyn Nambuye, Visram Alnasir, Jamilla Muhammed and Otieno Odek during the rulling. PHOTO: COURTESY.

Nairobi,KENYA: The National Super Alliance NASA  on Thursday suffered a major setback after court of appeal allowed Al Ghurair company to continue printing presidential ballot papers.

The Independent Electoral and Boundaries commission IEBC had appealed an earlier high court ruling which stopped the Dubai company from printing presidential ballot papers

Court of Appeal judges; Erastus Githinji, Roselyn Nambuye, Visram Alnasir, Jamilla Muhammed and Otieno Odek read the ruling.

They ruled that NASA failed to prove Kenyatta influenced the award of the tender by the IEBC.

The court of appeal also dismissed newspaper cuttings presented by NASA as evidence of a meeting between Kenyatta and Al Ghurair officials terming it as insufficient evidence.

According to the judges, there was not a credible source to prove that the meeting discussed tender issues.

“We agree newspaper cuttings produced were hearsay and therefore not admissible in court.Even if admissible, without proof the court cannot treat it as sufficient evidence,” they said.

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