Paarl Media says the process was skewed in favour one company, Al Ghurair Printing and Publishing company, and is now contesting the Independent Electoral and Boundaries Commission’s decision.
Through lawyer Willice Otieno, Paarl wants the matter reviewed for failing to comply with the Public Procurement and Disposal Act and the newly enacted elections law.
A company that lost a tender award to supply election materials for next year’s General Election wants the award cancelled, alleging the law was not followed.
The firm said IEBC did not clarify issues and offer reasons for rejecting its bid, raising doubt about the fairness of the process.
“Failure to respond violates fair administration action which requires a public body to respond within a certain timeline,” Mr Otieno told the Public Procurement Administrative Board chaired by Paul Gicheru, in Nairobi.
Senior counsel James Orengo called for annulment of the award to pave way for consultations and enactment of requisite regulations to guide the process.
The draft regulations, he said, have been submitted to Parliament for adoption.
The new election law, he said, does not contemplate use of a manual register but a biometric one to enhance election credibility.
“Elections are very serious business. The IEBC should engage other stakeholders, not just political parties, as contemplated in new Act so that we can inspire confidence in the elections,” Mr Orengo said.
Al Ghurair General Manager Lakshmanan Ganapathy said the firm successfully participated in an open international tender.
IEBC lawyer Antony Lubulellah added the bidder questioning the process failed to comply with five of the 10 requirements to win the tender.
But Mr Orengo said rushing through the process because of tight election timelines in disregard of law should not be an option.