IEBC has challenged a case presented by a company seeking a review of the Sh2.5 billion ballot paper tender awarded to a Dubai-based firm.
South African-based Paarl Media moved to the Public Procurement Administrative Review Board seeking a review of the award to Al Ghuarair printing company on allegations of irregularities.
Paarl Media also wants Al Ghuarair to deposit Sh250 million before the matter is heard.
The company wants PPARB to set aside the tender award and reassess the entire process.
But IEBC said Paarl has violated the Public Procurement and Disposal Act after it failed to raise the concern within 14 days as stipulated by the law.
“The applicant’s request herein was filed on 7th November and is, therefore, statute time barred by the effect of section 167 of Public Procurement Administrative Act having filed it 18 days out of time,” the petition reads.
The electoral agency also pointed out that the Act requires an applicant seeking a review of a tender to provide, together with their request " a refundable deposit as may be prescribed by the regulations".
The deposit should not be less than 10 per cent of the cost of the contract.
The provision is meant to discourage the filing of frivolous applications before the board and where the sole intention is to delay or scuttle the procurement process.
Acting on behalf of IEBC, Lubulellah and Associates advocates said the failure by the applicant to demonstrate compliance with the requirement renders the application null and void.
IEBC said in adherence to the high standards set for the procurement of the highly security sensitive ballot papers, engaged the services of the Kenya Bureau of Standards in the development of the specifications.
“The procuring entity did not issue any amendment modifying the bid document and could not, therefore, extend the closing date,” the commission said.
Meanwhile, IEBC secretariat and National Assembly majority leader Aden Duale have defended the ongoing electoral procurement tender by the IEBC saying that it followed the law and is meant to ensure credible elections.
The IEBC secretariat CEO, Ezra Chiloba said stopping the process would lead to similar problems experienced in the 2013 general election.
Last week, ODM had specifically questioned the decision by IEBC to award a Ksh2.5 billion tender for the supply of ballot papers to Dubai-based Al Ghurair printing firm.
Speaking to the Star on Tuesday, Majority leader in the National Assembly, Aden Duale, also weighed in on ODM’s concerns over the tender saying such issues should have been raised earlier.
The opposition had pointed out that the procurement process was only to be undertaken after the IEBC had finalized the voter’s registration.
However, Chiloba defended the decision saying everything they have done is guided by the law.
He stated that they cannot wait for new commissioners for them to roll out election preparation plans saying doing so would set them up for failure.
He said the move to proceed with the advertising and issuance of tenders for the supply of election materials was necessitated by the strict timeline that the commission is working under to ensure it eliminates problems experienced in the 2013 elections.
“We want to mend the problems we experienced in 2013, and that's why the secretariat has moved forward to purchase the electoral materials,” Chiloba said.
The majority leader added that Jubilee would not be pushed every time to give in into CORD’s demands over threats to boycott the elections.
The tender to print ballot papers for next year’s elections to a Dubai-based company had been awarded in June and is estimated at Sh2.5 billion.
The company was expected to print and supply 130 million ballot papers.
The IEBC dispatched an official letter to Al Ghurair printing firm, through its Chief Executive Officer Ezra Chiloba notifying it that it had won the tender on October 18.
The new Election Laws (Amendment) Act compels the IEBC to procure the gadgets (voter identification and transmission kits) by 8th December.
This is eight months prior to the 2017 General Election.
During procurement, the law requires international open tenders to be prepared for 21 days.
Advertised to the public for 30 days then evaluation of those interested in the tender is done for another 30 days and 14 days for the award.
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