Six in court over IEBC tender award
Six people who had challenged the awarding of a Sh3.8 billion tender for election management system to a French-based firm have moved to court seeking to have the matter heard on an urgent priority basis.
Through their lawyer Nicholas Njagi, they claimed that the case involves an important public matter which may affect the August 8 polls yet it has been set for a hearing a day before the elections.
They also protested against the fact their case was filed on April 19, was set for a hearing on May 23 but since the court was not sitting the matter lies pending until August 7.
They now want a temporary order issued to suspend the single-sourcing of the award and that IEBC be barred from signing a contract with Safran or the matter be fixed for a sooner hearing date.
“This matter involves the whole country, and has high reaching implications on the electoral process, no prejudice will be suffered if this matter is heard quickly and is dispensed with,” Mr Njagi said.
Wycliff Ken Lugwili, Reuben Kidima Mulama, Hezron Momanyi Ombati, Peter Simiyu Mukoya, Grace Wanjiku Mugo and Hannah Wangui Mugo had sued the Independent Electoral and Boundaries Commission (IEBC).
The company which was awarded the disputed tender, Safran Identity and Security, is listed as an interested party.
The six fault the IEBC of directly procuring the tender and removing the voter registration component from the Kenya Integrated Elections Management System (KIEMS).
They claim that the removal altered the integrated electronic electoral system that enables biometric voter registration, electronic voter identification and transmission of results.
Safran was awarded the disputed tender after an earlier offer made to Gemalto SA, also from France, was cancelled.
A local firm associated with Gemalto SA had raised concerns about the Safran award, arguing that Safran may have influenced the procurement process.
Safran is the same company which supplied the biometric voter registration kits before the March 2013 elections.
According to the six, the excuse given by IEBC that Safran was selected because its devices are compatible with existing BVR systems is ‘deliberately fraudulent’ since Gemalto also offered a fully compliant solution.
They fault IEBC of failing to make public the revised specifications for the said tender saying that it indicates a lack of transparency.
They claim that Safran has no experience of having provided an electronic results transmission system, candidate management as well as election management systems which are critical components of KIEMS.
IEBC is also accused of failing to disclose that the provider of these project components are from a Spain-based company known as SCYTL which has pending issues linked to unreliability based on their past experience in Ecuador.
They want the IEBC to be subjected to strict proof of its decision to lockout other qualified bidders.
