The Independent Electoral and Boundaries Commission (IEBC) has been ordered to pay a firm Sh152 million, for the supply of solar lamps that were procured for use during the 2012 general election.
Konnection Systems Ltd successfully argued that it won a tender for supply of 28,000 solar lanterns in 2012, but the electoral body failed to collect the lamps, forcing it to incur storage charges.
The contractor told High Court Judge Josephine Mong’are that IEBC instead contracted Solarmak Technologies but Konnection Systems challenged the deal at the procurement board and the tender was nullified.
“From the evidence availed to the court, it is clear that the offer was sent to the Plaintiff on February 7,2013, which the Plaintiff accepted by executing the acceptance clause. The execution of the acceptance letter created a valid agreement. I thus find that there was a valid agreement between the parties,” ruled the judge.
The judge noted that IEBC refused to pick up the lanterns forcing the company to incur losses from storage and warehousing charges.
The commission defended itself arguing that the procurement of solar lanterns was intended for emergency lighting during the General Election of March 2013, with immediate use in mind.
Due to time constraints, the IEBC said the supplier had confirmed quick delivery of the lanterns. However, Konnection Systems Ltd allegedly failed to meet the delivery deadline, forcing IEBC to engage a different firm.
But when the matter was filed before the Public Procurement Administrative and Review Board, the tender awarded to Solarrak Technologies was annulled and IEBC was directed to re-evaluate the bids, and the contract to be awarded to the lowest evaluated bidder.
Justice Mong’are ruled the claims were not rebutted or an explanation offered by IEBC as to why this happened. “The same therefore remains uncontroverted,” ruled the judge.
