A petitioner has taken to court to challenge the election agency’s award of the Kenya Integrated Election Management System (KIEMS) of several billion shillings to a Netherlands-based company.
Mr. Stephen Mirambo noted that the award of the tender for the supply, delivery, installation, testing, commissioning, support and maintenance of KIEMS and hardware equipment and accessories to the Smartmatic company was unconstitutional, illegal and irregular for violating the Constitution.
In a petition filed with the High Court on Monday, Mirambo noted that the statement that the bidding process for the entire bidding process No. IEBC / OIT / 001/21/2020 / 2021 and n ° IEBC / OIT / 001/21 // 2021/2022 of April 14, 2021 and September 22, 2021, respectively contravened Articles 10, 81, 86 and 227 of the Constitution and the laws on public procurement and elections.
Mirambo requested the cancellation of the entire tendering process and a new process.
Tender wars at the Independent Electoral and Limits Commission (IEBC) threaten to derail the tight election deadlines it must beat to ensure a fair and credible general election.
Disgruntled parties who bid and failed tenders are expected to formally appeal to the courts next week, further depriving the agency of time to prepare.
The bidding wars put the commission headed by Wafula Chebukati in a precarious situation, months before the elections and date back to 2017, when the bidding was overturned by the courts a month before the election.
Inadvertently, court battles will force IEBC to conduct a costly election as they may be forced to make direct purchases to meet deadlines.
Kenya’s Integrated Election Management System (KIEMS) and ballot printing are both integral to the election and the delay in supplying both could affect the quality of the August 9 general election. 2022.
The offer of Kiems kits includes the supply, delivery, installation, testing, commissioning, support and maintenance of software and hardware equipment and accessories for the conduct of the election and a winner of the The tender would need time to prepare and make sure there are no gaps.
Sources said the courts are expected to consolidate all IEBC cases from all aggrieved vendors for an inter-party hearing on Friday.
The companies are contesting the award of the supply of KIEMS kits to Smartmatic and the tender for printing ballot papers to the Greek company Inform P Lykos Holdings.
Already, the tender for printing the ballots is being challenged in the Court of Appeal where one of the disgruntled suppliers challenged the award.
Inform P Lykos Holdings was chosen from a group of 12 companies that had bid for the supply of 138 ballots for 23 million voters in six elected offices.
A three-year open international tender would also see the company supplying election results reporting forms for use in the constituency, county and national tally center.
Inform P Lykos Holdings has beaten companies such as Al Ghurair Printing and Publishing LLC, United Printing and Publishing LLC and Masar Printing and Publishing and Ellams Products Limited and Africa Infrastructure Development Company of Kenya.
The others are Go Inspire Solutions and TALL Security Print Limited from the UK, UNIPINT, a division of Inside data (South) PTY LTD, Aerovote Security Print and Electoral Supplies (Ghana), Seshaasai Business Forms PVT Ltd (India) and Kwanginsa Company Ltd (South Korea).
Already, self-proclaimed public litigator Okiya Omtatah has taken legal action to challenge the allocation of ballots to Greek society.
Petitioner Risk Africa Innovatis Limited, challenging the KIEMS tender awarded to Smartmatic, argues that data migration was not budgeted for at the time the tender was launched.
In addition, Risk Africa Innovatis Limited claims that the procurement was not done with a fully constituted commission as there were only three members at the time of the tender.
The petitioners also question the integrity of Smartmatic, saying the company has left other jurisdictions under a cloud, including the Philippines, Venezuela, Uganda, Nigeria and the United States.