IEBC Admits Tender Error, Defends Procurement Process as Board Ruling Looms

The Independent Electoral and Boundaries Commission (IEBC) has acknowledged a technical error in its high-stakes tender for a new elections management system, even as it vigorously defends the procurement process against allegations of bias and procedural flaws.

The commission revealed it mistakenly required bidders to provide performance security equivalent to 20 per cent of the contract price, a requirement that exceeds the legal cap of 10 per cent under Kenyan law. IEBC says it has since identified the mistake and is preparing an addendum to correct the requirement.

The admission comes as the commission fights a legal challenge against the tender for the Integrated Elections Management System, which was advertised on August 11, 2026.

IEBC Defends Tender Against Bias Claims

While admitting the error, IEBC has defended the rest of the tender, dismissing claims that it is flawed, discriminatory, or designed to favour a particular company[citation:0].

The commission has also defended the Ksh.30 million tender security, arguing that the procurement is a framework contract and the law allows it to set tender security as an absolute amount rather than a percentage of the tender value.

IEBC further rejected claims that the tender specifications were tailored to favour South Korean firm Miru Systems Limited, saying the allegations are speculative and that the applicant has not pointed to any specific requirement that gives the company an unfair advantage.

“The tender is strict, it’s either you are compliant or not; for the bidder to succeed, it should be hundred percent,” IEBC argued, adding that bidders must demonstrate tax compliance “by whatever instruments they have in their country.”

Local Content Requirements and Transparency

On local participation, the commission says it has included a requirement for the successful bidder to meet a 40 per cent local content threshold, which it says will promote local participation and skills transfer.

The IEBC is asking the Public Procurement Administrative Review Board to dismiss the challenge and lift the suspension on the procurement process, allowing it to proceed with the next stages.

The Challenge: Galadirel Investments Limited

In the case, Galadirel Investments Limited argues that the tender is flawed, discriminatory and a violation of Article 227 of the Constitution, which requires public procurement to be fair, equitable, transparent, competitive, and cost-effective.

“The Applicant has perused the said tender document and has found the following breaches; There is no value of the tender provided despite the Respondent issuing a tender security value of Ksh.30,000,000 contrary to Section 61 of the PPADA,” reads court documents.

Through lawyer Julius Miiri, the applicant further claims that the tender document, having been issued with material omissions, contradictions, undefined requirements and incomplete provisions, does not provide a clear, transparent, objective and uniform basis upon which all prospective tenderers can prepare and submit responsive and comparable tenders.

“The aforesaid omissions, contradictions and ambiguities are material and have the potential to affect competition, responsiveness, evaluation, comparability of tenders and equal treatment of tenderers, thereby rendering the procurement process procedurally defective,” they argue.

Significance of the IEBC Tender

The tender is crucial as it involves the procurement of technology for Kenya’s elections management system, a sensitive area that has attracted scrutiny in the past. Kenya’s 2017 presidential election was annulled partly due to irregularities in the electoral technology stack provided by IDEMIA (then OT-Morpho), the vendor behind the KIEMS system responsible for voter identification and results transmission.

That dispute exposed deeper structural challenges in modern elections: digital evidence and system architecture that few actors fully understand or can independently interrogate, creating gaps in transparency and accountability.

The Public Procurement Administrative Review Board is expected to make its decision on the challenge on Friday, September 4, 2026. The ruling will determine whether the procurement process can proceed or if fresh tendering will be required—a decision with significant implications for Kenya’s electoral preparedness ahead of future elections.

This article was updated on August 27, 2026, with details of the IEBC’s admission and the arguments presented before the Public Procurement Administrative Review Board.