The Independent Electoral and Boundaries Commission (IEBC) has been ordered to review and reissue its election equipment tender after the Public Procurement Administrative Review Board (PPARB) found major gaps in the procurement documents.
PPARB, in a decision issued on September 3, 2026, partly upheld a request for review filed by Galadriel Investments Limited over IEBC Tender No. IEBC/OIT/01/2026–2027.
The tender covered the supply, delivery, installation, testing, commissioning, support, and maintenance of the Integrated Elections Management System (IEMS), including hardware equipment and accessories.
The Board ordered IEBC to review, correct, clarify, and amend the tender before publishing a new compliant tender.
“The Respondents are hereby directed to review, correct, clarify and/or amend the Tender Document and issue/publish a new compliant Tender,” PPARB stated.
Flaws Found in Technical Evaluation
One of the main areas where PPARB faulted IEBC was the technical evaluation section of the tender.
The Board noted that some parts of the document contained incomplete instructions, including entries such as “[insert points]” and “[insert weight between 0 and 10%].”
According to PPARB, the provisions created uncertainty about how it would evaluate bids.
Further, the review board cited ambiguity between the “Max Score” and “Compliance (Y/N)” requirements, making it unclear how certain technical requirements would translate into scores.
IEBC Requirements Under Spotlight
The Board identified uncertainty regarding the requirement that a foreign bidder provide an “equivalent” tax certificate.
PPARB found that the tender did not sufficiently define what would constitute an equivalent document. Further, PPARB noted that the clause dealing with foreign suppliers left uncertainty over the arbitration mechanism to be used.
Several possible arbitration regimes were mentioned, including UNCITRAL, ICC, the Stockholm Chamber of Commerce, and LCIA.
In addition, the tender included two alternative post-qualification regimes without clearly indicating which would apply, a lack that the Board explained could undermine the objective and transparent evaluation of bids.
PPARB further raised concerns over the requirements for the proposed Project Manager.
Although IEBC had specified degree requirements, the Board found that the tender did not provide sufficient objective documentary requirements for bidders to demonstrate compliance.
The Board argued that evaluation criteria must allow bidders to understand how their submissions would be assessed.
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PPARB Rejects Claims of Tender Favoritism
Despite upholding several complaints, PPARB rejected Galadriel’s allegation that the tender was tailored to favor MIRU Systems.
The Board held that IEBC could customize its tender documents to meet specialized election technology requirements.
In its argument, the reviewing board clarified that a particular company meeting the requirements was not, by itself, evidence that the tender had been designed to favor that company.
PPARB also rejected the challenge against IEBC’s Sh30 million tender security requirement.
According to the Board, the applicant had not demonstrated that the amount exceeded the statutory limit.
Further, the Board directed that IEBC was not required to disclose its budget or estimated tender value to justify the tender security amount.
The Board similarly dismissed the challenge against the performance security provisions.
While the general performance security requirement was 10 percent, the tender allowed a higher amount in specific circumstances involving seriously unbalanced or front-loaded tenders, which the Board stated did not automatically constitute a violation of procurement law.
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Board Flags Additional Tender Errors
PPARB independently identified two additional issues in the tender document.
The first involved a reference to a “2020 DPP” Incoterm, which is not a recognized Incoterm 2020 designation, and the Board directed that it be corrected.
The Board also found that IEBC had not disclosed the mandatory Public Procurement Capacity Building Levy applicable under the 2023 Order.
Following the tender faults outlined by the review board, IEBC was ordered to issue and publish a new, compliant tender notice, affording potential bidders at least 7 days to consider tender amendments.
“Upon undertaking the review and making the necessary corrections and/or amendments, the Respondents shall issue and publish a new and compliant Tender Document and accord prospective tenderers such period as may be prescribed by law, provided that such period shall not be less than seven (7) days to consider the amendments and prepare and submit their tenders,” the review board directed.
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