IEBC Admits 20pc Error in Tender for New Election Management System
The commission told the Public Procurement Administrative Review Board that bidders were mistakenly required to provide performance security equivalent to 20 per cent of the contract price.
On August 26, Kenya's Independent Electoral and Boundaries Commission (IEBC) admitted a mistake in the tender process for a new Integrated Elections Management System (IEMS). The commission had set a performance security requirement of 20% of the contract price, which the Public Procurement Administrative Review Board (PPARB) had pointed out was exceeding the legal limit of 10%. IEBC acknowledged the error and was preparing an addendum to correct the tender document.
The revelation came during a legal challenge to the procurement process, filed by Galadirel Investments Limited. The company accused IEBC of including omissions, contradictions, and unclear requirements in the tender, which they claim violates Article 227 of the Constitution. This article mandates fair, equitable, transparent, competitive, and cost-effective public procurement.
Galadirel specifically questioned the basis of the Sh30 million tender security requirement, arguing that the tender document did not provide the value of the contract.
Through their lawyer, Julius Miiri, Galadirel highlighted several issues with the tender. They noted the absence of a contract value, material omissions and contradictions, undefined requirements, and incomplete provisions. These issues could potentially affect how bidders prepare their proposals and undermine competition, evaluation, comparability of bids, and equal treatment of tenderers.
IEBC rejected the broader allegations, maintaining that the tender was fundamentally sound and that the performance security provision was a single mistake they intended to rectify. The commission also defended the Sh30 million tender security, explaining that in framework contracts, procurement law allows for absolute amounts rather than percentages of contract value.
They dismissed claims that the tender specifications favored Miru Systems Limited, stating that the allegations were speculative and that no specific requirement gave Miru Systems an unfair advantage.
IEBC emphasized that bidders needed to meet all mandatory conditions to qualify for the contract. They stressed that the tender was strict, and success required 100% compliance. The commission also highlighted the 40% local content requirement, which aimed to boost local participation and facilitate skills and technology transfer.
The procurement review board is expected to decide on the challenge within 21 days. The tender dispute is unfolding as IEBC prepares to acquire a new elections management system for the 2027 General Election.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
