IEBC KIEMS tender back in court over three requirements
The applicant is challenging the PPARB decision of September 3, 2026, which dismissed its request for review and upheld three mandatory technical evaluation requirements contained in Tender No. IEBC/OIT/02/2026-2027.
Nairobi, Kenya – The IEBC KIEMS tender has once again landed in court, with an applicant seeking to overturn three mandatory technical requirements approved by the Public Procurement Administrative Review Board (PPARB). This latest challenge follows a September 3, 2026 decision by the PPARB, which dismissed an applicant's request for review and confirmed the three technical evaluation requirements in Tender No. IEBC/OIT/02/2026-2027.
The applicant is requesting a court order to halt the IEBC and other respondents from moving forward with the tender based on these disputed requirements. It also seeks an order compelling the respondents to revise the requirements to align with the local-content requirement stipulated in the tender document. The applicant's argument is that the technical requirements must adhere to Article 10, Article 27, and Article 227 of the Constitution, as well as Section 3, Section 58(2), Section 60(1), and Section 70(3) of the Public Procurement and Asset Disposal Act, 2015.
The current legal battle unfolds days after the procurement watchdog ordered the IEBC to rectify and republish an earlier KIEMS tender, citing material deficiencies in the technical specifications and evaluation criteria. The PPARB previously allowed a partial request for review filed by Galadirel Investments Limited against Tender No. IEBC/OIT/01/2026-2027, finding issues with standards identification, international tenderer requirements, and technical evaluation scoring.
The watchdog directed the IEBC to amend the tender and give prospective bidders seven days to respond before proceeding.
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