BREACH OF COMPANY LAW

IDEMIA fights back, sues to block ban

French tech company on Tuesday applied for judicial review at the High Court

In Summary
  • French firm earlier known as OT-Morpho seeks legal redress to block MPs’ bid to bar it from doing any business in the country.
  • Legislators voted unanimously last month to ban the company in Kenya
PAC chairman and Ugunja MP Opiyo Wandayi
QUESTIONED CONTRACTS: PAC chairman and Ugunja MP Opiyo Wandayi
Image: FILE

French firm IDEMIA, the technology giant behind the ongoing Huduma Namba listing, has taken the war with Parliament to blacklist it to the courts.

The company earlier known as OT-Morpho has sought legal redress to block MPs’ bid to bar it from doing any business in the country.

The firm on Tuesday filed a judicial review at the High Court.

The company first won the Sh4 billion IEBC tender to supply 45,000 Kenya Integrated Election Management System kits used in the 2017 General Election.

They further got another Sh 2.5 billion contract to supply kits used in the October 26, 2017 repeat presidential election.

Recently, the company won yet another lucrative Sh1.7 billion tender to supply 31,500 biometric kits currently used in the National Integrated Identity Management System registration.

Last month, MPs unanimously voted to adopt amendments by Homa Bay Town MP Opondo Kaluma to the PAC report to ban the company for operating in the country illegally.

Kaluma claimed IDEMIA is not listed with the Registrar of Companies and that it lacks a local agent and physical address which is a breach of the Companies Act.

Lawmakers also want IEBC to immediately take legal action to recover all monies unlawfully paid IDEMA as the contracts were entered in contravention to the law.

But in a statement, IDEMIA vice president public security and identity – Africa Antoine Grenier said the company did no wrong, exuding confidence once afforded an opportunity to be heard, they will be vindicated and their legal position upheld by the court.

 
 

“As a law abiding corporate body, IDEMIA has at all times operated within the confines of Kenyan law and all other applicable international statutes. IDEMIA equally has internal policies and guidelines on ethics and legal compliance governing the conduct of its business across the world,” Grenier said.

“We take note of the publication of an amended version of the Public Accounts Committee's report, recommending the conduct of new investigations. We reiterate that IDEMIA has always complied and indeed will continue to comply with all applicable laws.”

Antoine faulted the move by the lawmakers saying the company demonstrated to the watchdog committee – PAC – chaired by Ugunja MP Opiyo Wandayi that it was in full compliance with the requirements of all applicable Kenyan laws.

“We wish to clarify that we have since sought legal redress by filing, contemporaneous with this press release, an appropriate judicial review application in the High Court of Kenya. As a law abiding corporate citizen, as soon as we have been afforded a fair opportunity to be heard, we are positive that we shall be vindicated and our legal position upheld by the court,” he said.

 He further said the firm complied with the requirements set out in the open international tender issued by the IEBC for the supply of the KIEMS for voter registration, voter identification and results transmission.

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