The tender was awarded to South African firm Face Technologies Ltd.
Mr Oswago backed his defence by quoting the Public Procurement and Asset Disposal Act, which states that a worker involved in tendering has the obligation of ensuring the law is followed.
Procurement officers at the poll agency should be held responsible for not complying with the law when awarding the tender for the supply of biometric voter registration kits that failed during the 2013 General Election.
According to former Independent Electoral and Boundaries Commission (IEBC) chief executive James Oswago, members of the procurement and tender committees were responsible for the award of the Sh1.4 billion tender.