In a detailed decision rendered by the Public Procurement Administrative Review Board (PPARB) directed the Independent Electoral and Boundaries Commission (IEBC) to correct, clarify and amend various sections of the tender document before publishing a fresh version and inviting bidders to submit new bids.

“The Respondents are hereby directed to review and make the necessary corrections, clarifications and/or amendments to the Tender Document in accordance with the findings of the Board contained in this Decision,” the Board chaired by Vice Chairperson Alice Oeri

The decision affects Tender No. IEBC/OIT/01/2026-2027, which covers the supply, delivery, installation, testing, commissioning, support and maintenance of the IEMS, including hardware equipment and accessories.

The tender had been scheduled to close on September 1, but the procurement process was automatically suspended after Galadirel Investments Limited filed a request for review before the Board on August 14.

The Board found several deficiencies in the tender document, particularly provisions governing the technical evaluation of bids.

The tribunal found that IEBC had failed to clearly set out how bidders would be scored under several technical evaluation criteria.

It singled out the technical evaluation criteria on pages 34 to 36 of the tender document, saying bidders could not determine in advance how their scores would be calculated within the point ranges provided.

“The Tender Document does not indicate the score attributable to each of these attributes, nor does it provide a scale or objective benchmarks for distinguishing, for example, a score of two per cent (2%) from seven per cent (7%) or ten per cent (10%),” the Board ruled.

It added: “tenderers cannot ascertain in advance how the evaluator will translate the extent or combination of the stated attributes into a particular score.”

The Board said the ambiguity was significant because the technical evaluation carried a total of 100 points and bidders were required to attain a minimum score to proceed.

It therefore found that a bidder’s ability to qualify could potentially depend on criteria whose scoring methodology had not been objectively disclosed.

The tribunal also questioned the use of both a “Max Score” column and a separate “Compliance (Y/N)” parameter in the evaluation criteria.

According to the Board, the tender did not make it sufficiently clear whether a bidder marked “Yes” for compliance would automatically receive the maximum score or would merely qualify for further assessment.

The tribunal also faulted IEBC over a mandatory preliminary requirement requiring bidders to provide a “certified copy of tax compliance/exemption certificate or equivalent.”

It found the words “or equivalent” created uncertainty, particularly because the tender was an open international procurement involving prospective foreign bidders.

The Board further found ambiguity in Clause 8 of the tender document, which referred to both post-qualification and non-post-qualification without clearly stating which procurement method would apply.

However, the tribunal rejected some of Galadirel’s complaints.

It dismissed the company’s claim that IEBC had unlawfully imposed a 20 per cent performance security, finding that the Special Conditions of Contract actually prescribed a 10 per cent security, which was consistent with Section 142 of the Public Procurement and Asset Disposal Act.

The Board also rejected the challenge against the Sh30 million tender security, ruling that Galadirel had not demonstrated that the amount exceeded the statutory two per cent ceiling based on the value of the tender.

IEBC had also asked the tribunal to dismiss the case, arguing that Galadirel should first have sought clarification from the Commission under Section 75 of the Public Procurement and Asset Disposal Act.

The Board rejected the argument and held that it had jurisdiction to determine the dispute under Section 167(1).

However, it cautioned bidders against treating the statutory clarification process under Section 75 “as an optional procedural formality.”

However, the Board did not uphold Galadriel’s allegation that the tender had been tailored to favour Miru Systems.

In its final orders, the tribunal allowed Galadirel’s request for review in part and directed IEBC to undertake the necessary corrections, clarifications and amendments identified in the decision.

After making the changes, IEBC has been ordered to publish a new and compliant tender document and give prospective bidders time to consider the amendments and prepare their bids.

The Board specified that the period given to bidders must not be less than seven days.

“Upon undertaking the review and making the necessary corrections and/or amendments, the Respondents shall issue and publish a new and compliant Tender Document and accord prospective tenderers such period as may be prescribed by law, provided that such period shall not be less than seven (7) days to consider the amendments and prepare and submit their tenders,” the Board said.

The Board further gave IEBC permission to seek technical assistance from the Public Procurement Regulatory Authority (PPRA) and ordered that a copy of the decision be placed before the Authority’s Director-General.

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The church service marks the beginning of an action-packed Sunday programme that will see Sifuna and his allies make several public stops across the county as the movement intensifies grassroots mobilisation ahead of the 2027 General Election.

According to the programme released by the movement, the team was expected to begin the day with the morning service at the ACK Cathedral in Mumias before proceeding to a series of political engagements and public rallies in different constituencies.

The itinerary places the Linda Mwananchi team in Mumias West, Matungu, Navakholo and Likuyani, where the leaders are expected to meet residents and address public gatherings later in the day.

The Sunday tour follows a busy first day on Saturday, when the Sifuna-led team traversed parts of Kakamega County, including Butere and Ikolomani constituencies, as the movement sought to expand its support base in Western Kenya.

Sifuna and the Linda Mwananchi brigade have in recent weeks stepped up nationwide tours, presenting the movement as a grassroots platform focused on citizen mobilisation and civic engagement ahead of the 2027 elections.

The movement has also attracted growing attention following the launch of a public fundraising drive, which organisers said raised more than Sh2.2 million within 36 hours, with the money earmarked for mobilisation, civic education and other activities.

On Saturday, Sifuna told supporters in Kakamega that he was encouraged by what he described as growing public awareness of the power held by ordinary Kenyans.

The Nairobi Senator said he was proud that Kenyans had realised that they were more powerful than the leaders they elect to represent them, as the Linda Mwananchi movement continued its push for greater citizen participation in governance.

Sunday’s church appearance comes as the political movement continues to draw attention over the growing calls by some of its supporters and leaders for Sifuna to consider a presidential bid in the 2027 General Election.

The movement’s latest tour of Kakamega is being closely watched as Sifuna and his allies seek to consolidate support in Western Kenya, a region expected to play a crucial role in the battle for votes ahead of the next General Election.

The Linda Mwananchi team is expected to continue its countywide engagements throughout Sunday, with political addresses and meetings with residents forming the core of the second day of the Kakamega tour.

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In a press release issued on Saturday, August 8, IEBC said the gazettement of the Election Campaign Financing Regulations, 2026 and the Contribution and Spending Limits marks a major step towards regulating how money is raised and spent during the next election.

“The gazettement marks a significant milestone in the discharge of the Commission’s constitutional mandate,” IEBC said, adding that the framework is aimed at regulating campaign financing and the amount of money that may be spent by or on behalf of candidates and political parties.

The electoral commission said the new framework follows a High Court decision in Constitutional Petition No. E540 of 2021, consolidated with E546 of 2021, involving Katiba Institute and other petitioners against the IEBC and others.

The case challenged, among other issues, Parliament’s revocation of provisions relating to campaign financing after contribution and spending limits were published on August 9, 2021.

According to the commission, the court directed IEBC to develop the required regulations, subject them to public participation and establish the framework for setting contribution and spending limits under the Election Campaign Financing Act, 2013.

IEBC said it subsequently carried out public participation through newspaper and electronic media notices, county-cluster forums and targeted engagements involving political parties, aspiring candidates, civil society groups, State actors, marginalised groups, development partners and other stakeholders.

The consultations were held under the theme: “Campaign Finance Regulation in Kenya: A Constitutional Framework for Transparency, Political Equality, Accountability and Electoral Integrity.”

“The views, proposals and recommendations received through the public participation and stakeholder engagement process were carefully considered and, where appropriate, incorporated into the final instruments,” the commission said.

With the instruments now published in the Kenya Gazette, IEBC said they constitute the applicable regulatory framework for campaign financing in the forthcoming General Election.

“The gazettement marks the transition from regulatory development and consultation to implementation and enforcement,” the commission said.

The regulations establish rules for the regulation and disclosure of campaign contributions and expenditure, record-keeping, reporting, auditing, monitoring, compliance and enforcement.

Meanwhile, the contribution and spending limits prescribe ceilings on the amount candidates and political parties can spend on campaigns.

IEBC has now put political parties, candidates, campaign teams and supporting persons or organisations on notice, requiring them to familiarise themselves with the new legal requirements and take measures to ensure compliance.

The commission said it will exercise its mandate through “monitoring, verification, audit, investigation and enforcement” in accordance with the Constitution, the Election Campaign Financing Act and the new regulations.

It said the regulation of campaign financing is intended to safeguard the integrity of electoral competition and promote a level playing field.

According to IEBC, the prescribed limits are designed to ensure that financial resources do not disproportionately determine political participation, access to voters or electoral competition.

“All political parties, candidates, campaign teams, donors and other regulated persons are required to comply with the regulations and limits, including requirements on contributions, expenditure, record-keeping, disclosure, reporting and accountability”the election body says.

IEBC Chairperson Erastus Edung Ethekon said the framework is now in place and warned that all regulated persons must take immediate steps to ensure full and timely compliance.

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Speaking during a high-stakes luncheon with party polling station leaders at her Kianyaga residence on Friday, Waiguru claimed the ruling party’s aggressive grassroots mobilization campaign is finally paying dividends in the politically volatile region.

“The ongoing effort to consolidate the party’s grassroots support is bearing fruit,” Waiguru told the gathering, which saw even previously lukewarm county assembly members publicly pledge allegiance to UDA and President William Ruto’s 2027 re-election bid.

The governor, who has emerged as one of Ruto’s key point persons in the Mount Kenya region, issued a stark warning that the area has no business flirting with the opposition.

“The region has no place in opposition,” Waiguru declared, vowing to ensure residents “speak in one voice” ahead of the next general election.

The luncheon, which brought together polling station officials and Members of County Assembly, marked a significant show of force for UDA in Kirinyaga, a county that has witnessed growing discontent with the Kenya Kwanza administration over economic hardships and unfulfilled campaign promises.

Several MCAs who had previously maintained a studied distance from the party used the platform to publicly declare their support, signaling what Waiguru presented as a political realignment in her favor.

The timing of the event is crucial, coming amid intensifying jostling for Mt. Kenya’s political soul, with various leaders positioning themselves as the region’s kingpins in Ruto’s succession matrix.

Waiguru’s assertion that defectors are returning to UDA contradicts the narrative pushed by opposition figures and some Kenya Kwanza rebels who claim the region is increasingly disenchanted with Ruto’s presidency.

The governor’s aggressive stance appears designed to counter Deputy President Rigathi Gachagua and other regional power brokers who have been mobilizing their own political bases, creating multiple competing power centers in the President’s own backyard.

Whether Waiguru’s optimistic assessment reflects genuine political momentum or wishful thinking remains to be seen, but her bold declaration that Mt. Kenya has “no place in opposition” will undoubtedly intensify the region’s already heated political discourse.

As the 2027 elections draw closer, the battle for Mt. Kenya’s estimated four million votes is shaping up to be the defining contest in Kenyan politics, with Waiguru now firmly planting her flag in Ruto’s corner.

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