NAIROBI, Kenya — The Independent Electoral and Boundaries Commission (IEBC) has been ordered to review and amend its tender for the supply and maintenance of the Integrated Elections Management System (IEMS) ahead of the 2027 General Election.
The Public Procurement Administrative Review Board (PPARB) directed the electoral agency to correct, clarify and amend sections of the tender document after finding that some requirements and evaluation criteria were not sufficiently clear, certain and objective.
The tender, identified as IEBC/OIT/01/2026-2027, covers the supply, delivery, installation, testing, commissioning, support and maintenance of the IEMS, including hardware equipment and accessories.
The procurement dispute was filed by Galadirel Investment Limited, which challenged aspects of the tender process before the Board.
Board finds deficiencies in IEBC tender
In its decision, the Board identified shortcomings relating to the clarity, certainty and objectivity of some requirements and evaluation criteria contained in the tender document.
The Board emphasised that a tender document serves as the basis on which prospective bidders understand what is required of them and how their bids will be evaluated.
It therefore held that unclear or uncertain provisions could affect the fairness and competitiveness of the procurement process.
Constitutional procurement principles at stake
The Board linked the deficiencies to the constitutional principles governing public procurement.
Article 227 of the Constitution requires public entities to contract for goods and services through a system that is fair, equitable, transparent, competitive and cost-effective.
The Board found that shortcomings in the tender requirements and evaluation criteria could undermine those principles as well as requirements under the Public Procurement and Asset Disposal Act.
The ruling, however, did not find that the entire procurement process had to be cancelled.
Instead, the Board determined that the identified shortcomings could be remedied through clarification, correction and amendment of the tender document.
IEBC ordered to publish amended tender
The IEBC has consequently been directed to review the disputed sections and publish a new compliant tender document.
The electoral commission must also provide prospective bidders with adequate time to study the amendments and prepare their bids.
The Board directed that the additional period given to bidders should be at least seven days, in line with the applicable procurement requirements.
The directive means the procurement process can proceed, but only after the disputed provisions have been addressed.
PPRA may provide technical procurement support
The Board also allowed the IEBC to seek technical advice and support from the Public Procurement Regulatory Authority (PPRA) while reviewing the affected sections of the tender.
The Secretary of the Board was further directed to forward the decision to the Director-General of PPRA for information, monitoring and any further action considered necessary under the law.
The involvement of PPRA is intended to support compliance with procurement requirements as the IEBC revises the tender document.
IEBC retains responsibility for IEMS specifications
Despite allowing PPRA to provide technical procurement advice, the Board made clear that responsibility for determining the technical specifications of the Integrated Elections Management System remains with the IEBC.
The Board said PPRA should not determine the technical specifications of the system because the IEBC remains the procuring entity.
This distinction leaves the electoral commission responsible for defining the technology and operational requirements it considers necessary for election management, while ensuring that the procurement documentation complies with public procurement law.
Galadirel review succeeds in part
The Board ultimately allowed the Request for Review filed by Galadirel Investment Limited on August 14, 2026, in part.
The decision does not terminate the IEBC’s IEMS procurement.
Instead, it requires the commission to correct the identified deficiencies before publishing an amended tender and allowing bidders sufficient time to respond.
