NAIROBI, Kenya, Aug 26 — The Independent Electoral and Boundaries Commission (IEBC) has acknowledged an error in the tender for a new Integrated Elections Management System (IEMS), after setting a performance security requirement above the legal limit.The commission told the Public Procurement Administrative Review Board (PPARB) that bidders were mistakenly required to provide performance security equivalent to 20 per cent of the contract price.IEBC said it had identified the mistake and was preparing an addendum to amend the tender document, noting that the law provides for performance security of not more than 10 per cent of the contract price.The disclosure was made during proceedings challenging the procurement process for the new elections management system, which IEBC advertised on August 11.The challenge was filed by Galadirel Investments Limited, which has accused the commission of issuing a tender containing omissions, contradictions and unclear requirements.Galadirel argues that the tender violates Article 227 of the Constitution, which requires public procurement to be conducted in a manner that is fair, equitable, transparent, competitive and cost-effective.In its submissions, the company questioned the basis of the Sh30 million tender security requirement, arguing that the tender document did not state the value of the contract.“The Applicant has perused the said Tender document and has found the following breaches; There is no value of the Tender provided despite the Respondent issuing a tender security value of Kenya Shillings Thirty Million (Kshs 30,000,000/=) contrary to Section 61 of the PPADA,” the applicant stated in court documents.Through lawyer Julius Miiri, Galadirel further argued that the tender contains material omissions, contradictions, undefined requirements and incomplete provisions.The company says the shortcomings could affect how bidders prepare their proposals and undermine competition, evaluation, comparability of bids and equal treatment of prospective tenderers.IEBC has rejected the broader allegations, maintaining that the tender is fundamentally sound and that the performance security provision was an isolated error that it intends to correct.The commission has also defended the Sh30 million tender security, arguing that the procurement is structured as a framework contract. It said procurement law allows tender security in such cases to be prescribed as an absolute amount rather than as a percentage of the contract value.IEBC has also dismissed claims that the tender specifications were designed to favour Miru Systems Limited.The commission said the allegations were speculative and that Galadirel had not identified any specific requirement that would give Miru Systems an unfair advantage over other bidders.Defending the stringent requirements, IEBC said bidders must satisfy all mandatory conditions to qualify.“The tender is strict. It’s either you are compliant or not. For the bidder to succeed, it should be 100 per cent,” the commission argued.On tax compliance, IEBC said bidders would be required to demonstrate compliance through the relevant documentation or instruments recognised in their respective countries.The commission further pointed to a 40 per cent local content requirement for the successful bidder, saying it was intended to increase local participation and facilitate skills and technology transfer.IEBC has asked PPARB to dismiss the challenge and lift the suspension on the procurement process so that it can proceed with the next stages.The Board is expected to determine the dispute within 21 days.The tender dispute comes as IEBC prepares to acquire a new elections management system ahead of the 2027 General Election, with the proposed system expected to support key election administration functions.The allegations raised by Galadirel remain subject to determination by the procurement review board.