It stated that IEBC had breached the law by enjoining its accounting officer in the tender process.

The company also stated that the award criteria as provided in the tender documents was ambiguous.

"The financial evaluation criteria is subjective as it provides an alternative award 'for all or part of the elective position. The same will confuse the tender processing committee as it provides two distinct award criteria,"' Rosecate Promotions argued.

The commission had argued that the board had no jurisdiction since it was a restricted tender and not an open tender, a suggestion that was scoffed off by the board.

The tender for ballot papers commenced last year, but barely three months to the elections they are yet to be acquired.


In September 2016, IEBC awarded the tender to Al Ghuair Printing & Publishing Company, which was immediately challenged by Paarl Media Ltd, before the Public Procurement Administrative Review Board.

The matter dragged on until April this year when the Court of Appeal agreed with the High Court that there should be fresh tendering.

The Court of Appeal rendered its decision on April 26 and directed IEBC to restart the tender process, which has now been stopped.

The ballot papers tender may now suffer the same fate that visited Kenya Integrated Election management Systems, which after several legal battles IEBC had no option but to go for direct procurement.

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