The electoral commission has been cleared to proceed with its revised election technology tender after a procurement board dismissed a fresh challenge and ordered the losing bidder to pay Sh2 million in costs.
The Public Procurement Administrative Review Board (PPARB) ruled that Leading Edge Limited had not proved grounds to stop the tender for an Integrated Elections Management System and related equipment, support and maintenance.
The tender is part of preparations for the 2027 General Election. The revised procurement was advertised on September 17 with an October 2 deadline, and is valued at Sh6.5 billion.
The tender thresholds included experience supplying at least 50,000 devices, work in two countries and references from five clients.
Leading Edge filed a review application on September 30, two days before bids were due. It challenged qualification rules, the time allowed to respond to changes and clarifications, and restrictions on joint ventures and subcontractor experience.
The company sought orders compelling the commission to revise the tender requirements, extend the bidding deadline and address provisions it argued were restrictive, unclear or inconsistent with procurement law.
An IEBC official displays a KIEMS kit during a simulation process in the past.
Photo credit: File | Nation
It said the tender did not define what counted as a contract similar to the proposed information system.
The company argued that the tender placed too much emphasis on experience supplying election technology, potentially excluding firms with relevant experience in other large-scale government information systems.
Leading Edge Limited said work on national identity databases, civil registration, passport systems and other nationwide digital platforms should also count when assessing a bidder’s ability to deliver the Integrated Elections Management System.
The company’s position was that such projects could demonstrate a firm’s capacity to deploy and manage complex technology across the country, even if the systems were not specifically designed for elections.
It also challenged requirements for at least Sh5 billion in average annual turnover and access to another Sh5 billion in financial resources. Leading Edge said the tender did not disclose enough about the framework’s estimated value to show whether the thresholds were proportionate.
However, the Independent Electoral and Boundaries Commission (IEBC) defended the conditions as necessary for a complex election system.
The commission argued that experience in other biometric systems did not necessarily prove the ability to deploy and support technology in an electoral environment. It said a single supplier was needed to ensure clear contractual responsibility.
The Independent Electoral and Boundaries Commission Chairperson Erastus Edung Ethekon speaks during a High-Level National Election Security Roundtable Consultative Forum organised by the IEBC at Serena Hotel in Nairobi on August 2, 2026.
Photo credit: Boniface Bogita | Nation
The commission maintained that an addendum issued on September 18 corrected formatting problems and clarifications published on September 25 explained existing requirements. Leading Edge argued that some changes affected essential terms and should have triggered an extension of the deadline.
The Board said a document’s legal effect depended on its substance, not its label. It found that Leading Edge had not shown the changes caused sufficient prejudice to justify the orders it sought.
The decision also addressed conflicting provisions on local preference. One section referred to a 15 per cent margin, while the Tender Data Sheet said no margin would apply.
The Board ruled that the specific entry in the data sheet took precedence, meaning the tender would be evaluated without the margin. However, it faulted the drafting, saying clearer wording would have avoided the inconsistency.
Independent Electoral and Boundaries Commission chair Erastus Edung (center) flanked by fellow commissioners address the media at the commission offices in Nairobi on January 27, 2026.
Photo credit: Francis Nderitu | Nation Media Group
“The Board nevertheless observes that the apparent inconsistency could have been avoided through clearer drafting of the Tender Document,” the decision states.
The dispute follows an earlier challenge by Galadirel Investments Limited, partly upheld by the Board on September 3. It directed IEBC to seek technical support from the Public Procurement Regulatory Authority and correct deficiencies involving technical specifications, evaluation criteria, due diligence and key personnel. IEBC then published the revised tender.
It also disputed how the local-content formula would recognize Kenyan firms’ contributions locally. Leading Edge also challenged the exclusion of joint ventures and the treatment of local content, sample devices, performance security and payment terms.
The Board rejected the claims, finding no sufficient basis to invalidate the requirements. On security, it said IEBC must be held to its position that only one performance security of 10 per cent was required.
The Board dismissed the application and ordered Leading Edge to pay the respondents Sh2 million because it lost the review and failed to establish violations of procurement law that justified the orders it sought.
