The electoral commission wants a petitioner pushing for the cancellation of a Sh2.5 billion ballot paper printing tender to deposit Sh250 million before the case can start.
The demands will be heard together with an appeal brought before the Public Procurement Review Board by a South African printer, Paarl Media, against Dubai-based Al Ghurair on Wednesday afternoon. The multi-billion shillings deal is a high risk security tender.
Through its advocates, Lubelellah and Associates, the Independent Electoral and Boundaries Commission is opposed to having the tender cancelled.
The electoral commission has given notice of award to Al Ghurair.
The commission is also arguing that Dr Shailesh Patel and his company, African Infrastructure Development Company, is a stranger in the case.
The electoral commission says Paarl Media is only reacting to the commission’s failure to respond to an email. It says that appeals against such inaction should have been done within 14 days but the firm failed to do so.
MET THE CONDITIONS
The commission has also defended the quality of the samples supplied by Al Ghurair arguing that they met the conditions required and that the Kenya Bureau of Standards approved them.
The losing bidders have complained that the commission did not invite them to a pre-bidding conference when the tender was opened.
Other firms that placed bids for the tender includes Ellams products of Kenya, Manipal Technologies (India), Kl-hitech (India), Eabaltijas (Lativia), Digital Printing Supply (Italy), Tall Security Printing and United Printing and Publishing (both of UK).
On Wednesday ODM Director of Elections Junet Mohammed urged the review board to look at the interest of the country when they meet on Wednesday to make a decision.
“They should be guided by the interest of the country when they make their decision. Allowing this process to proceed is tantamount to give credence to an obvious electoral fraud even before the polling day-we will not allow it, “he said.