Court halts IEBC ballot paper tender

The High Court in Kenya temporarily halted further steps in a procurement tender by the Independent Electoral and Boundaries Commission (IEBC) after a bidder, Oilmax Ventures Limited, challenged the requirements. The court, sitting in the Judicial Review Division at Milimani Law Courts, granted a stay following Oilmax's application to the Public Procurement Administrative Review Board (PPARB).

The bid in question, IEBC Tender No. IEBC/OIT/02/2026–2027, sought the supply and delivery of ballot papers, tactile folders, the register of voters, and statutory election result declaration forms for the upcoming General Election. Oilmax argued that the tender's qualifications were mutually incompatible and anti-competitive, citing a requirement for a minimum sh150 million contract for security ballot papers in the past five years, combined with a mandatory 40 percent local-content for foreign bidders.

The company claimed that only two international firms could meet the experience threshold, yet those firms could not satisfy the local-content requirement. Oilmax further accused the PPARB of upholding the requirements despite evidence they restricted competition. The court, after being granted urgent leave, certified the case for immediate hearing during the High Court's recess, and granted Oilmax three days to file its substantive motion, with seven days for the respondents and interested parties to respond.

The case is against IEBC, its accounting officer, PPARB, and Oilmax director Mohammed Ali. The court's order effectively puts a pause on the procurement process until the judicial review proceedings are resolved.