, NAIROBI, Kenya, Mar 14 – The High Court will in a fortnight determine the Opposition’s case against the Independent Electoral and Boundaries Commission (IEBC) over the voter audit tender awarded to KPMG.
Presiding judge Chacha Mwita will decide on March 30 whether the Wafula Chebukati-led commission should tender afresh for the voter register audit or give the firm the go ahead to do so.
Justice Mwita reserved his ruling until then after parties in the dispute made their final submissions Tuesday.
On its part, the electoral body has insisted that the court has no jurisdiction entertain the matter and implored it to dismiss it and direct CORD to lodge its discontent before the Public Procurement Review and Administrative Board (PPRAB).
Advocate Wambua Kilonzo representing the commission has argued that courts lack the power to entertain tender related disputes.
Defending its decision to award the tender to KPMG, IEBC claims that the audit firm attained the highest score for both the technical and financial proposals.
It has also 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 on the other hand wants the tender nullified on grounds that KPMG is not a professional and reputable firm to conduct an audit of the voter register.
The coalition has 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 voter register.
KPMG is believed to have defeated 12 other companies in the bid to audit the voter register.