Ballot paper firm faces graft charges

What you need to know:

  • UK newspapers on Friday reported that Smith and Ouzman employees had been charged by the Serious Fraud Office
  • IEBC chairman Isaak Hassan, however, defended the company, saying this was within the law

A British company that supplies ballot papers for Kenya’s elections has been taken to a London court for corruptly winning tenders in Africa.

In what could damage the credibility of the Independent Electoral and Boundaries Commission (IEBC), the firm, Smith and Ouzman, is alleged to have spent £413,552.12 (Sh56 million) to get tenders in Kenya, Mauritania, Ghana and Somaliland.

UK newspapers on Friday reported that the firm, two of its directors, an employee and one agent, have been charged by the Serious Fraud Office (SFO) with offences of corruptly agreeing to make payments.

The SFO said the charges relate to allegations of “agreeing to make payments totalling nearly half a million pounds, contrary to the Prevention of Corruption Act. It is alleged the payments were used to influence the award of contracts to the company.

CONTROVERSIAL DECISION

During the last General Election, the IEBC justified its controversial decision to single-source a Sh3 billion contract to the firm, saying there was “limited time” for open tendering.

Although another British company, Aervote Ltd, filed a petition in the High Court seeking to stop the supply and delivery of 15 million ballot papers over what it called “breach of procurement law”, the IEBC signed a contract with Smith and Ouzman on November 9, 2012, citing “reliability” of the firm to deliver the ballot papers. The company has been printing ballot papers since 1997.

Those who have appeared in court are 70 year-old Chris Smith, the former chairman of Smith & Ouzman, his 42-year-old son, Nick Smith, who is the sales and marketing director, Tim Forrester, the international sales manager and Abdirahman Omar, an agent for Smith & Ouzman.

While the alleged offences took place between November 2006 and December 2010, the case will attract attention in Kenya where the company did a lot of business with the now defunct Electoral Commission of Kenya and the Interim Independent Electoral Commission.

The accused are expected to appear at Southwark Crown Court on November 6.

During the last General Election, the locked-out companies complained that Smith and Ouzman did not have the capacity for the job and said that it sub-contracted other printers.

IEBC chairman Isaak Hassan, however, defended the company, saying this was within the law.