Gachagua: IEBC Miru Systems Tender Rigging Claim Prompts Halt

• Rigathi Gachagua alleges the IEBC's election technology tender is rigged to favor South Korean firm Miru Systems Company Limited.
• The IEBC's multibillion-shilling tender for the 2027 General Election is currently on hold due to a challenge filed by Galadirel Investment Limited at the Public Procurement Administrative Review Board.
• Gachagua claims tender specifications were "tailor-made" for Miru Systems and warns the process could erode confidence in the upcoming election.
• He advocates for retaining the current Smartmatic system, citing risks associated with data migration to a new provider.
• Gachagua has appealed to diplomats and election observers to monitor the procurement and threatens court action if the tender is awarded to the allegedly favored company.

Rigathi Gachagua, leader of the DCP Party and former Deputy President, has escalated concerns regarding a contentious election technology tender issued by the Independent Electoral and Boundaries Commission (IEBC).

Rigathi Gachagua, leader of the DCP Party and former Deputy President, has escalated concerns regarding a contentious election technology tender issued by the Independent Electoral and Boundaries Commission (IEBC). Gachagua has directly engaged diplomats and international election observers, asserting that the procurement process has been deliberately structured to favor Miru Systems Company Limited, a South Korean technology firm. He contends that the tender specifications were meticulously crafted, or "tailor-made," in such a way that no other bidder could realistically meet the requirements, effectively predetermining the outcome for the South Korean entity.

While Gachagua did not present documentary evidence to substantiate his claims of a predetermined tender or specific official influence, he publicly challenged media outlets to investigate. He urged them to compare the IEBC's published specifications with Miru Systems' existing offerings, suggesting a direct, "word-to-word, sentence-by-sentence, requirement-by-requirement" match, which he labeled as fraudulent. Gachagua further indicated that his allegations stem from information provided by insiders within the IEBC itself, lending weight to his assertions of an orchestrated process.

The IEBC had initiated the international tender process on August 11, advertising for election technology and various materials essential for the upcoming August 2027 General Election. This critical technology tender encompasses the comprehensive supply, delivery, installation, testing, commissioning, support, and ongoing maintenance of an Integrated Elections Management System, along with all associated equipment.

However, this multibillion-shilling procurement has since been placed on hold. The temporary halt followed a formal challenge lodged at the Public Procurement Administrative Review Board by Galadirel Investment Limited. Galadirel's petition raised significant concerns regarding the tender's specifications, the lack of transparency surrounding the contract's value, and specific requirements that they argued appeared to unduly favor foreign suppliers. This intervention has brought the entire procurement under intense scrutiny as Kenya prepares for a high-stakes election cycle.

Gachagua has voiced profound concerns that the current procurement trajectory could severely undermine public confidence in the integrity of the 2027 General Election. He specifically appealed to development partners and embassies accredited to Kenya, urging them to closely monitor the process as a safeguard for the nation's electoral democracy. A key point of contention for Gachagua is the timing of introducing a new election technology provider so close to the next general election.

He advocated for the retention of the existing Smartmatic system, citing its established data, proven experience, and track record in previous elections. Gachagua argued that migrating voter data from the current system to a new provider introduces unnecessary risks and leaves insufficient time for thorough testing and rectification of potential issues. He further alleged that such a migration process could be exploited to interfere with the voter register, particularly in regions he perceives as politically antagonistic to President William Ruto.

The former Deputy President issued a stern warning that his political camp is prepared to pursue legal action should the IEBC proceed with awarding the tender to the company he has accused of being unduly favored. This threat of court intervention underscores the high stakes involved in the election technology procurement, signaling a potential escalation of the dispute beyond the administrative review board.

Despite the gravity of his claims and the public nature of his accusations, Gachagua has yet to provide any documentary evidence to support his assertion that the tender outcome is predetermined or that specific public officials have influenced the process. The ongoing challenge at the Public Procurement Administrative Review Board, coupled with these public allegations, ensures that the IEBC's procurement of election technology will remain a focal point of legal and political contention.

This article signals heightened scrutiny and potential legal challenges surrounding high-value public procurement, particularly in politically sensitive sectors like election technology. Lawyers advising companies bidding on government tenders should note the increased risk of challenges at the Public Procurement Administrative Review Board and potential court action, emphasizing the need for impeccable compliance and transparency in tender submissions.

Source: Original reporting via Capital News