, NAIROBI, Kenya, Mar 30 – The Opposition has lost a bid to nullify a voter audit tender awarded to KPMG.
Justice Chacha Mwita dismissed the case contesting IEBC’s decision to award the tender to the audit firm as incompetent.
Justice Mwita concurred with lawyer Wambua Kilonzo that CORD’s suit was hurriedly done and reliefs sought were not clear.
“There was too much hurry in the preparation of the application that no attention was paid to details. Although the application raises serious issues of law there is very little the court can do in the circumstances.”
Kilonzo had argued that courts lack the power to entertain tender related disputes but justice Mwita differed with him saying courts have power to interrogate the issue.
Defending its decision to award the tender to KPMG, the electoral body said the audit firm attained the highest score for both the technical and financial proposals.
It submitted that the tendering process was conducted in accordance with the relevant provisions of the Public Procurement and Disposal Act (PPDA) and the law.
Necessary consultations with all stakeholders are also said to have been made by ensuring that political parties were consulted on the methodology to be adopted in auditing the register of voters.
CORD wanted the tender nullified on grounds that KPMG is not a professional and reputable firm to conduct an audit of the voters register.
Lawyer James Orengo contended that KPMG has no five-year experience to carry out the voters’ audit.
The Opposition had also claimed that no stakeholders including political parties were involved adding that at the time when the award was given Parliament was yet approve the amended Election laws to allow audit of the voters register.
KPMG is believed to have defeated 12 other companies in the bid to scrutinise listed voters.