The Independent Electoral and Boundaries Commission (IEBC) has acknowledged an error in its tender for a new elections management system, stating it mistakenly required bidders to provide performance security worth 20 percent of the contract price.
The commission noted that it identified the error and is preparing an addendum to correct the requirement, as public procurement law caps performance security at 10 percent of the contract value.
The admission comes as the IEBC defends a court challenge against the procurement process for the Integrated Elections Management System, which it advertised on August 11.
Despite admitting the error, the electoral agency maintained that the rest of the tender remains sound, dismissing claims that the document is flawed, discriminatory, or structured to favor a specific bidder.
Addressing concerns over the KSh 30 million tender security requirement, the IEBC argued that the procurement is structured as a framework contract, allowing the commission to set a fixed security amount rather than a percentage of the total tender value.
The commission also refuted claims that the specifications favor South Korean firm Miru Systems Limited, describing the allegations as speculative and noting that the challenger failed to specify any requirement providing an unfair advantage.
“The tender is strict; it’s either you are compliant or not; for the bidder to succeed, it should be hundred percent. With respect to tax, the requirement is that they are tax compliant by whatever instruments they have in their country,” the IEBC argued.
Regarding local participation, the agency highlighted that the tender includes a mandatory 40 percent local content requirement to promote local industry involvement and skills transfer.
The legal challenge, filed by Galadirel Investments Limited, asks the Public Procurement Administrative Review Board (PPARB) to review the process, arguing that the tender violates Article 227 of the Constitution.
“The Applicant has perused the said tender document and has found the following breaches: There is no value of the tender provided despite the Respondent issuing a tender security value of Ksh.30,000,000, contrary to Section 61 of the PPADA,” court documents state.
Representing the applicant, lawyer Julius Miiri argued that material omissions, undefined terms, and contradictions prevent prospective bidders from submitting responsive and comparable bids.
“The aforesaid omissions, contradictions and ambiguities are material and have the potential to affect competition, responsiveness, evaluation, comparability of tenders and equal treatment of tenderers, thereby rendering the procurement process procedurally defective,” the court filings assert.
The IEBC requested the PPARB to dismiss the challenge and lift the suspension on the procurement process, allowing the agency to move forward with preparations for the 2027 General Election. The review board will issue its ruling on Friday next week.
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