Petitiones challenging IEBC’s KIEMS kit to be heard in 2022
By Bernice.Mbugua, December 17, 2021
Two petitions challenging the Independent Electoral and Boundaries Commission tender for installation of Kenya Integrated Elections Management System (KIEMS kit) for 2022 General Elections will be heard in February next year.
Justice James Makau consolidated the two petitions and directed the matter to be mentioned next year on February 1, before a presiding Judge to confirm compliance.
The petitions were filed by Stepen Moseti Mirambo and Boaz Atengo Akuru.
The two sued IEBC, the Attorney General and two companies Smartmatics International Holding B.V and Enform Lykos(Hellas) S.A over the award oof Kiems Kit tender.
Stephen Moseti Mirambo sought orders barring the electoral Agency from signing a contract or further dealing in any manner whatsoever with Smartmatics International Holding B.V, the company that was awarded the said tender on 3rd November 2021.
Through lawyer Jared Omari Mituga, he contends that the tender and the tendering process was in obvious contravention of the Constitution of Kenya.
IEBC awarded the tender to Smartmatics International Holding B.V on 3rd November 2021 for installation of Kenya Integrated Elections Management System (KIEMS) and Hardware Equipment for Kenya’s 2022 General Elections
Mirambo however claims that the tender process leading to the award of the tender to the said Company was unfair, inequitable, fatally flawed and a violation of his rights to a free and fair election.
“Unless this court intervenes urgently, the country risks incurring heavy political, financial and economic loss and the public’s right to, free and fair elections and other constitutional rights will be compromised irredeemably,” he says in court documents.
He argues that the Tender document floated by IEBC, did not provide for preference margins in favour of local or citizen contractors as stipulated by the Constitution of Kenya and the Public Procurement & Asset Disposal Act, thus limiting rather than promoting local participation, equity, fairness and inclusiveness, transparency and accountability.
It is his contention that IEBC failed and neglected to conduct public participation and further failed to engage all stakeholders relevant in the process.
He contends that he is apprehensive that having not addressed the data management and transmission problems and the challenges that led to nullification of the 2017 first presidential election, IEBC is proceeding without prudence in violation of the Constitution.