The High Court of Kenya has dismissed a case filed by Oilmax Ventures Ltd against the Independent Electoral and Boundaries Commission's (IEBC) tender for printing ballot papers for the 2027 general election. The court ruled that the company had failed to file its case within the stipulated timeframe. The IEBC had awarded the tender to another company after evaluating bids from various firms.
According to the court's ruling, Oilmax Ventures Ltd was given three days to file its case after obtaining leave to do so. However, the company submitted its documents on September 15, five days after the deadline had expired. The court noted that the Commission on Administrative Justice Act requires that procurement disputes be resolved within 45 days.
The IEBC had announced the tender on August 11, inviting bids for the printing of ballot papers, voter registers, and election result forms. Oilmax Ventures Ltd had challenged the tender, arguing that the conditions set by the IEBC were too stringent. The company claimed that the requirement for bidders to have experience in printing ballot papers with security features and a turnover of at least Sh6 billion was unfair.
The court heard that Oilmax Ventures Ltd's lawyers attributed the delay in filing the case to technical issues with the court's Case Tracking System (CTS). However, the court found that another party in the case was able to file its documents on the same day using the CTS. The court also noted that Oilmax Ventures Ltd took five days to discover that its documents had not been uploaded to the system.
The court's decision means that Oilmax Ventures Ltd's challenge to the IEBC's tender has been dismissed without its substantive arguments being heard. The IEBC's decision to award the tender to another company stands. The commission had estimated that the tender would require the printing of around 168 million ballot papers.
The dismissal of the case paves the way for the IEBC to proceed with the tender and preparations for the 2027 general election. The commission is expected to announce the successful bidder in the coming days. The court's decision also underscores the importance of adhering to timelines in procurement disputes.
The case highlights the complexities and challenges involved in Kenya's electoral processes. The IEBC's tender for printing ballot papers is a critical component of the electoral process, and any disputes or delays could have significant implications for the smooth conduct of the election.
Key points
- The High Court of Kenya dismissed a case challenging the IEBC's tender for printing ballot papers citing technical grounds.
- Oilmax Ventures Ltd had challenged the tender, arguing that the conditions set by the IEBC were too stringent.
- The court's decision paves the way for the IEBC to proceed with the tender and preparations for the 2027 general election.
