Board dismisses plea to cancel tender award to supply ballot papers

Monday November 28 2016

Nyeri residents queue to register as voters on October 12, 2016. FILE PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

The Public Procurement Administrative Review Board has dismissed an application by a firm to have a Sh2.5 billion tender award to supply ballot papers cancelled.

The board, chaired by Paul Gicheru, ruled that Paarl Media was rightfully disqualified for failing to comply with tender requirements.

Mr Gicheru said the "bidder failed to comply with basic requirements to win the tender yet he was questioning the process".

It also concurred with Independent Electoral and Boundaries Commission lawyer Antony Lubulellah that the South African company is "incompetent" as it did not meet the specifications of the procurement law as required.

On October 18, the polls body informed Al Ghurair Printing and Publishing company through a letter that it had been selected to supply 130 million ballot papers, election declaration forms and poll registers.

However, Paarl Media, through lawyer Willice Otieno, said it wanted the matter reviewed because the IEBC had failed to abide by the Public Procurement and Disposal Act and the newly enacted elections law.


It also contested the decision, saying the process was skewed in favour of the Dubai-based company, and it wanted the issue addressed in a timely fashion.

“Failure to respond violates fair administration action which requires a public body to respond within a certain timeline,” Mr Otieno told the Public Procurement Administrative Board in Nairobi on Friday.

Read: Company that lost tender for ballot papers wants award cancelled

Read: Row over Sh2.5bn ballot paper tender rocks IEBC .

Other firms that battled it out for the tender were Ellams Products Ltd (Kenya), Manipal Technologies (India), Paarl Media (South Africa), Kl-hitech (India), Eabaltijas (Latvia), Digital Printing Supply (Italy), Tall Security Printing (UK) and United Printing and Publishing (UK).