Company in IEBC Sh1.53 billion tender row speaks out

Geoffrey Mosoku – Sun, 3. May 2015 2:07 PM – New reporter story (Nairobi)

A company contracted to supply Sh1.53 billion election kits to the Independent Electoral and Boundary Commission (IEBC) and whose delivery was delayed has denied any wrong doing.

Equip Agencies Ltd said that although they had been contracted to supply Universal Polling Kits (UPK), the contract was later varied to include metal detectors that were to be used by police to provide security during the presidential inauguration.

"For avoidance of doubt, the Inspector General of Police in April 2013 requested IEBC to have the contract varied so that the end user will be the police department and not IEBC. In the same month, the defunct Ministry of Public Works, the contracting party with our contract, accepted the request for variation, which our client similarly accepted," the firm's lawyer Ken Obara said.

Equip Agencies has, however, accepted that they only delivered 5,000 units as opposed to the 34,000 according to the tender, a delay it attributed to the commencement of the comprehensive audit of the election process. Equip maintains the contract is valid and they deserve to be paid for the 5,000 kits delivered in accordance to the audit report.

The firm argues that it has a contractual obligation with the Government of Kenya, through the defunct Ministry of Public Works, which was done on behalf of IEBC.

IEBC Chief Executive Officer Ezra Chiloba has since clarified that although the commission had recommended the procurement of 34,000 UPKs through the Ministry of Public Works, Supplies Branch where each kit was to contain 38 items used at polling stations, they did not approve metal detectors and thus cannot pay.

"At no point did the commission approve the procurement of metal detectors. We do not, therefore, have any contractual obligation for the supply of metal detectors," Chiloba said.

According to the Auditor General's report, the need for metal detectors was first identified by the Commissioner of Police in his letter referenced (C) GEN/PRO/13/3/VOL.III/(76) and dated August 2 2012, which requested IEBC to provide metal detectors, first aid kits and fire extinguishers to enhance security in the general election.

Earlier in a memo dated September 12, 2012, then IEBC Chief Executive Officer James Oswago had instructed the Procurement Manager to procure ballot kits (later referred to as Universal Polling Kits).

The kits were to be procured through the defunct Ministry of Public Works, Supplies Branch, and each was to comprise of non-strategic election materials such as papers, pens and rubbers.