The High Court temporarily halted further steps in a tender by the Independent Electoral and Boundaries Commission (IEBC) for the supply of ballot papers and other election materials after a bidder challenged the procurement requirements.
Justice William Musyoka, sitting in the Judicial Review Division at the Milimani Law Courts, granted a stay of the tender process following an application by Oilmax Ventures Limited.
The company challenged a decision by the Public Procurement Administrative Review Board (PPARB) concerning IEBC Tender No. IEBC/OIT/02/2026–2027 for the supply and delivery of ballot papers, tactile folders, the register of voters and statutory election result declaration forms for the forthcoming General Election.
In directions issued on September 7, 2026, Justice Musyoka certified the matter as urgent and directed that it be heard during the ongoing High Court recess.
The judge also granted Oilmax Ventures three days to file and serve its substantive motion, giving the respondents and interested parties seven days to respond.
The case is filed against the IEBC and its accounting officer.
The Public Procurement Administrative Review Board (PPARB) and Oilmax director Mohammed Ali are listed as interested parties.
“In the meantime, there shall be a stay, in terms of prayer 5 of the ex parte chamber summons for leave, dated 7th September 2026,” the court directed.
The order effectively pauses further steps in the procurement pending the determination of the judicial review proceedings.
The court had been asked to suspend the Independent Electoral and Boundaries Commission (IEBC) tender for ballot papers and other election materials, after a prospective bidder challenged what it describes as contradictory and anti-competitive qualification requirements.
Oilmax Ventures Limited, through OKC Law Advocates, has filed an urgent judicial review application at the Milimani High Court seeking leave to challenge a decision of the Public Procurement Administrative Review Board (PPARB) delivered on September 3, 2026.
The dispute concerns IEBC Tender No. IEBC/OIT/02/2026–2027 for the supply and delivery of ballot papers, tactile folders, registers of voters and statutory election result declaration forms for the 2027 General Election.
In court documents, the company argues that the tender contains mutually incompatible eligibility conditions.
It said bidders are required to demonstrate a single contract worth at least sh150 million for the supply of security ballot papers within the past five years, while foreign bidders must also satisfy a mandatory 40 per cent local-content requirement.
Oilmax contended that the Sh150 million experience threshold limits eligible suppliers to only two international firms, yet those same firms cannot practically comply with the mandatory local participation requirement.
It argued that local firms capable of providing the 40 per cent content are, in turn, unable to satisfy the experience threshold. The applicant further accuses the PPARB of upholding the contested requirements despite evidence that they substantially restrict competition.
It also cited another Board decision issued on the same day, which held that the 40 per cent local-content requirement is a mandatory preliminary evaluation criterion for foreign tenderers under the Public Procurement and Asset Disposal Act.
Through lawyer James Omondi, Oilmax said the matter is extremely urgent because the Board extended the tender submission deadline by only seven days, placing the closing date around September 10, 2026.
The company warned that the tender could proceed to opening, evaluation and award before the substantive case is heard unless the court intervenes.
It sought orders to quash the PPARB decision, prohibit the IEBC from proceeding with the tender under the disputed criteria, and compel the Commission to reformulate the qualification requirements in line with constitutional and statutory procurement principles.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
