Democratic Party of Kenya party leader Justin Muturi has urged the Independent Electoral and Boundaries Commission (IEBC) to ensure fairness and transparency in evaluation of bidders for the supply, delivery, and installation of the Integrated Electoral Management Systems (IEMS). 

Muturi noted that Article 227(1) of the Constitution of Kenya, 2010 requires public procurement to be fair, equitable, transparent, competitive and cost-effective. 

In a statement dated October 23, 2026, Muturi noted that the process has faced repeated challenges, including petitions before the Public Procurement Administrative Review Board (PPARB). 

“We appreciate that the Commission complied with the corrections and directions issued by the PPARB before re-running the process. Doing so removes grounds for further challenge and shows respect for the review mechanism established under the Public Procurement and Asset Disposal Act, 2015 (Revised Edition 2022)  (“the PPADA”),” read part of the statement.

In addition, the DP party leader noted that the tender opening was transparent and the opening was conducted in public at the time and venue set out in Addendum 4, and tenderers’ names and prices were read out openly. 

“This is consistent with section 78 of the PPADA. We also note, in line with section 78(7), that no tenderer was disqualified at opening, responsiveness is a matter for the evaluation committee,” he stated.

The six tenderers are; Greencom Enterprise Solutions (KSh1.5 billion), Laxton (KSh10.3 billion), China Hainergy New Energy Corp (KSh 12.5 billion), Miru (KSh 19.3billion), Smartmatic (KSh 19.3billion), and Haitek Limited (KSh 22.3bn).

The successful lender will be determined only after the preliminary, technical and financial evaluation set out in the tender document. 

“We request that the Commission publish the official tender opening register, which tenderers may also obtain under section 78(8).”

Muturi pointed out some expected challenges, emphasizing that some interested parties, including past and present vendors, may approach the PPARB or the courts if they feel their bids will not succeed. 

“Every tenderer has a legitimate right to seek review under section 167 of the PPADA. However, applications filed mainly to delay the process, rather than to correct a genuine error, would cost the country valuable time in the election calendar,” he explained.

He added that some individuals may seek to stall or collapse the open tender in the hope that time pressure forces the Commission into direct procurement. 

According to the DP party leader, the best defence against both risks is a thoroughly documented evaluation that applies the published criteria strictly and equally to every tenderer.

“Should direct procurement ever become necessary, it must strictly follow sections 103 and 104 of the PPADA. Section 103 allows direct procurement only where its purpose is not to avoid competition and one of the narrow conditions in the section is met, such as a genuine sole source with no reasonable alternative, or an urgent need,” read part of the statement. 

“Having supplied the Commission before is not, by itself, a ground for direct procurement. This tender attracted six bids from different suppliers offering a range of solutions, which shows that a competitive market exists,” he added.

He emphasized that the budget allocated to the IEMS vote should be the reference point for the award decision. 

“The Commission should therefore not award a contract above its approved allocation, and price must be weighed alongside every other eligibility and qualification criterion,” he stated. 

To protect the integrity and timeliness of the process, the DP party recommended that the Commission complete the evaluation within the period allowed by the PPADA and the tender validity period, so that no tender expires and no case for re-tendering arises.

The IEBC should also keep full written records of the evaluation, including scoring sheets, sample test results and the reasons for every finding of non-responsiveness and Notify all tenderers of the outcome at the same time, with reasons, as the PPADA requires, and observe the standstill period before signing any contract.

“I am expecting other tenders related to the elections of 2027 to be concluded expeditiously and transparently, particularly the tender for ballot papers. We thank the Commission once again for its commitment to a lawful and transparent process, and we remain available for any clarification,” read part of the statement.