Emotions ran high at the Court of Appeal during the hearing of the IEBC petition challenging the high court decision to cancel presidential ballot paper printing tender awarded to Dubai based firm Al-Ghurair.
Lawyers representing both parties appeared to be in a contest to discredit each other and differed sharply on the merits of the case being handled by a five judge bench.
Justices Erastus Githinji, Prof. Otieno Odek, Alnashir Visram, Roselyn Nambuye and Jamila Mohammed constituted the five judge bench appointed to adjudicate the matter.
Lawyers Paul Muite and Mwangi Karori representing IEBC poked holes in the ruling of a three judge bench of the High Court that nullified the tender on grounds that the electoral body omitted public participation in the tendering process.
Attorney General Githu Muigai enjoined in the suit as an interested party faulted the high court judgment delivered on 7th July saying it creates a room for political and constitutional crisis.
But the National Supper Alliance through lawyers James Orengo and Paul Mwangi argued that the appellate court should dismiss the IEBC appeal with costs .
In a cross appeal NASA also requested to be granted six prayers that were dismissed by the High Court in its ruling last Friday.
The judges have now retired to consider the appeal.
Elsewhere, high Court Judge, William Musyoka, has disqualified himself from a three judge bench constituted by Chief Justice, David Maraga, to hear a petition by NASA challenging the complementary voter system IEBC intends to use on August 8th, if the biometric system fails.
Justice Musyoka opted out saying he practiced law with one of the NASA principals leaving Judges George Kimondo, Hedwig Ong’udi.
NASA argues that IEBC has not yet publicly disclosed the system they will use to identify voters and tally votes in the event that technology fails.
By Ben Chumba