• French firm supplied the Sh4.2 billion KIEMS kits used in the 2017 election after it was single-sourced by the commission
• Lawmakers say IDEMIA is doing business in the country illegally
The National Assembly wants IEBC technology supplier IDEMIA, formerly OT-Morpho, investigated and banned from doing business in Kenya.
This could spell doom to the ongoing Sh6 billion Huduma Namba registration. IDEMIA supplied the 31, 500 biometric kits being used in the controversial NIIMS registration. The tender was worth Sh1.7 billion.
The legislators also want the firm compelled to refund the Sh4.2 billion it was paid for the supply of KIEMS kits used in the 2017 election.
The MPs unanimously adopted the amendment to the Public Accounts Committee report on the conduct of the Independent Electoral and Boundaries Commission in the 2017 polls.
They said the firm violated the Company Act. It is not listed with the Registrar of Companies and has been operating in the country without a local agent and a physical address, they said.
The amendments were proposed by Homa Bay MP Peter Kaluma.
Majority leader Aden Duale said the firm must be held responsible for messing the 2017 election.
He said that for the country to have a peaceful, free and fair election in 2022, then the firm must be ‘dealt with”.
“The controversy we received in the 2013 and 2017 elections and the many petitions we received are related to technology. There is no way we can discuss technology in an election without the company that changes its name every year,” Duale said.
The French firm supplied the Sh4.2 billion KIEMS kits used in the 2017 election after it was single-sourced by the commission.
Duale raised concern why the company has been changing its name and directors "every other day" if it was dealing in clean business. The firm must be probed and kicked out of the country for operating in total violation of the law, he said.
“These foreign companies when in Europe follow the specific code of ethics and guidelines, but when they come to Africa and Kenya engage in unethical behaviour, corruption and don’t employ our people. Why should we apply double standards?” the Garissa Township MP asked.
Ruaraka's Tom Kajwang said the firm’s lack physical address and local agents amounts to a violation of the Company Act, hence the need to have it probed.
“This company, which changes its name like a chameleon, must be investigated. A decision has been made on how international firms can bid for tender in this country,” he said.
Kiharu legislator Ndindi Nyoro faulted the IEBC for signing a deal with IDEMIA, yet it was not listed by the Registrar of Companies — a requirement for firms contracted in Kenya.
Rarieda MP Otiende Amollo wants the company blacklisted from doing any business in the country.
“The proceedings demonstrate that IDEMIA is not registered so far either as a Kenyan or foreign company. It did not have any registered office of address or service. It did not have a local representative. It, therefore, means there was a breach of the Companies Act.”
Nambale legislator Sakwa Bunyasi backed Amollo's call.
“If there are any lacunae in law, it should be fixed. We should not lean towards a status that would make us a banana republic, where multinationals walk out with tonnes of money from this country without following due process,” he said.