Omtatah: Demands KNEC 2026 Exam Printing Tender Disclosure

• Busia Senator Okiya Omtatah has formally requested the Kenya National Examinations Council (KNEC) to disclose details of the 2026 national examination printing tender.
• The senator seeks comprehensive information including tender number, procurement method, bidder details, contract value, and tax compliance verification.
• Omtatah invokes Article 35 of the Constitution and the Access to Information Act, 2016, arguing national security should not be a blanket excuse for non-disclosure.
• The request follows concerns over previous procurement processes and public reports linking a past contractor, Inform Lykos (SA) Hellas Ltd, to alleged tax liabilities.
• This initiative underscores the growing demand for transparency and accountability in Kenya's public procurement, especially for high-stakes contracts like exam printing.

Senator Omtatah firmly asserts that national security considerations should not serve as an indiscriminate shield for withholding information pertaining to public procurement.

Busia Senator Okiya Omtatah has formally requested the Kenya National Examinations Council (KNEC) to release comprehensive details regarding the procurement process for printing the 2026 national examination materials. This Okiya Omtatah KNEC tender request, conveyed in a letter to the KNEC Chief Executive Officer on August 20, emphasizes the critical need for enhanced transparency in the management of public finances. The senator specifically seeks information related to the Kenya Certificate of Secondary Education (KCSE), Kenya Junior School Education Assessment (KJSEA), and Kenya Primary School Education Assessment (KPSEA) materials.

The demand for Omtatah KNEC exam printing tender disclosure follows previous instances where KNEC and the State Department for Basic Education cited national security concerns as a reason to withhold information about the examination printing contract. Senator Omtatah's inquiry is extensive, covering the tender number, the specific procurement method employed, the total number of participating firms, and the criteria used for evaluation. He also seeks full disclosure on the successful bidder, including the contract's total value, the approved budget, any amounts already disbursed or committed, and the full duration and scope of the agreement.

Central to Senator Omtatah's demand is the invocation of Article 35 of the Constitution and the Kenya Access to Information Act, 2016 procurement provisions, which mandate public bodies to provide access to information. While acknowledging the vital importance of safeguarding the confidentiality, security, and integrity of national examinations, Omtatah argues that national security should not be utilized as a blanket justification to deny access to information concerning public procurement processes. He insists that the information he seeks does not include sensitive details that could compromise examination security, such as content, security features, secure locations, or operational arrangements.

Senator Omtatah firmly asserts that national security considerations should not serve as an indiscriminate shield for withholding information pertaining to public procurement. Instead, the senator's request focuses on the administrative and financial aspects of the tender. He has urged KNEC to specifically identify any information it intends to withhold and to provide a clear legal basis for such exemptions, while simultaneously releasing all portions of the requested data that are not legally protected. This approach underscores his position that the information pertains directly to the expenditure and administration of public resources, as well as the execution of public functions by a government entity. KNEC has been given the statutory period to respond to this comprehensive request.

The senator's inquiry extends beyond basic tender details, delving into the capacity and ownership structure of the successful bidder, questioning whether it is a Kenyan or foreign entity and if any subcontractors are involved. A significant aspect of his request concerns tax compliance, specifically whether KNEC verified the successful bidder's tax status with the Kenya Revenue Authority (KRA) prior to awarding the contract. This line of questioning is directly linked to public reports concerning Inform Lykos (SA) Hellas Ltd, a Greek company previously associated with printing Kenya's national examinations and ballot papers, which has reportedly faced KRA scrutiny over alleged tax liabilities.

This Omtatah KNEC exam printing tender disclosure initiative arrives as KNEC prepares for the upcoming 2026 national examination cycle, making the transparency of printing and distribution services a matter of significant public interest. The scale of expenditure involved and the imperative to uphold the integrity of the examinations necessitate robust Kenya public procurement information access. Senator Omtatah's actions highlight increasing scrutiny on public procurement processes in Kenya, particularly regarding transparency and accountability, and serve as a reminder for entities involved in public tenders to ensure robust due diligence and compliance with information access requests.

This development underscores the increasing scrutiny on public procurement processes in Kenya, particularly regarding transparency and accountability. Lawyers should note the invocation of Article 35 of the Constitution and the Access to Information Act, 2016, as a basis for challenging procurement decisions or demanding disclosure, and advise clients on robust due diligence and compliance with information access requests in public tenders.

Source: Original reporting via Capital FM