The search for a new firm could see taxpayers compensate Dubai-based firm Al Ghurair—which the IEBC had awarded the Sh2.5 billion tender in October.
A high court judge last week cancelled the contract offered to Al Ghurair saying it did not follow new election regulations after it was challenged by the opposition.
The contract is supposed to be signed within 120 days of the tender process, beyond which the tender expires, according to the lawyer.
The Independent Electoral and Boundaries Commission (IEBC) has opted to look for a new firm to print ballot papers and not appeal a court verdict that cancelled its Sh2.5 billion contract with a Dubai-based company amid fears the botched tender will cost taxpayers millions of shillings in compensation.
IEBC chairman Wafula Chebukati yesterday said the commission will go for a new tender, avoiding the risk of relying on the courts to set its timetable with five months to the August 8 poll.
The search for a new firm could see taxpayers compensate Dubai-based firm Al Ghurair—which the IEBC had awarded the Sh2.5 billion tender in October. It will also place IEBC chiefs on the spot because the Constitution directs that public servants who cause loss of taxpayers’ money through irregularities are personally liable for loss of the funds.
KEENLY SCRUTINISED
“The court gave us two options and one of them was to issue the tender afresh. We will do that. We have the time, and this will not in any way affect our set timelines,” said Mr Chebukati yesterday at a press briefing in Nairobi.
“The election will be held on August 8. And we will meet all our timelines,” he said. According to the contract terms, the Dubai company was to supply and deliver 130 million ballot papers within 21 days after the window for political parties to nominate their candidates for various elective positions closes on May 8 — three months to the August 8 General Election. This means the company was to deliver the ballot papers by May 28. Now, the IEBC has three months to shepherd the selection of the new firm and have it deliver ballot papers in the next three months.
A high court judge last week cancelled the contract offered to Al Ghurair saying it did not follow new election regulations after it was challenged by the opposition. Constitutional lawyers yesterday said that the IEBC would be required to compensate the Dubai firm if a contract had been signed. “If they had awarded the tender to the company but not signed the contract, then there will be no compensation because termination is provided for in the Public Procurement Act,” said advocate Jacqueline Munyaka.
The contract is supposed to be signed within 120 days of the tender process, beyond which the tender expires, according to the lawyer.
CAN'T DISCUSS
IEBC chief executive Ezra Chiloba yesterday said a contract had been signed with Al Ghurair. “The matter is before court and I can’t discuss such issues now,” he said when asked on the nature of the compensation.
Preparations for the polls are being keenly scrutinised by the opposition, which disputed the outcome of the previous two elections.
The previous electoral board resigned in October after the opposition accused it of corruption.
At least 1,200 people were killed after ethnic violence broke out following the disputed December 2007 election.
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