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Post by akinyi2005 on Jul 24, 2012 23:52:36 GMT 3
and now the Standard reports that activists have moved to court to block IEBC from awarding Sh 3.9b biometric tender.
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Post by phil on Jul 25, 2012 10:22:22 GMT 3
Whilst everyone is focused on this disastrous BVR tender that the IEBC is wasting time on and refusing to re-tender, the Commission is also supposedly undergoing a staff recruitment exercise for registration clerks who will be expected to use this BVR equipment to create a new voter's register. Kenyans are expected to apply for these critical jobs at IEBC through an online application yet the IEBC website has been off-line (unavailable) ever since the vacancies were announced. The deadline for applications has not been extended meaning that the IEBC probably has its own preferred lists of candidates. Stuffed ballot boxes and dead voters, anyone? Meanwhile here is the IEBC press release on the BVR tender. Pure hogwash to anyone whose been following this thread! www.dropbox.com/s/bmigs2ivsa97f47/IEBC-PRESS-RELEASE.pdf
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Post by funkentelechy on Jul 25, 2012 10:38:17 GMT 3
Under the Public Procurement & Disposal law, Tender Committees have no powers to reassign a tender from one (winning) bidder to another (loser).
Presented with a recommendation to award to Bidder X by an Evaluation Committee, Tender Committees have two and only two options:
a - Accept Bidder X's bid b- Reject Bidder X's bid
Kwisha maneno. Nothing more. Closed!
If they reject, it is back to square one: draw up tender specs, advertise, invite, open the bids, evaluate, tender committee again, the whole schmoozajagabalooo must done all over again!!!
For a TC to start meeting the evaluation committee, etc, etc, TC resigns, etc, etc, carry out further evaluations of the winning bidder, etc etc ....... the result is: the entire procurement process is now null and void!
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Post by funkentelechy on Jul 25, 2012 10:47:44 GMT 3
"Foreign affairs officials allegedly demanded 30 million shillings bribe from 4G identity solution to write a positive report for the supply of biometric voter registration kits. The Indian Company claims they were left out of the tendering process after refusing to comply. The IEBC is currently carrying out due diligence on Symphony Africa which is on the verge of being awarded the tender."
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Post by kamalet on Jul 25, 2012 13:58:58 GMT 3
"Foreign affairs officials allegedly demanded 30 million shillings bribe from 4G identity solution to write a positive report for the supply of biometric voter registration kits. The Indian Company claims they were left out of the tendering process after refusing to comply. The IEBC is currently carrying out due diligence on Symphony Africa which is on the verge of being awarded the tender." ...a bit far fetched but the demand could have been made by someone with little influence at the IEBC
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Post by Omwenga on Jul 25, 2012 14:01:12 GMT 3
Whilst everyone is focused on this disastrous BVR tender that the IEBC is wasting time on and refusing to re-tender, the Commission is also supposedly undergoing a staff recruitment exercise for registration clerks who will be expected to use this BVR equipment to create a new voter's register. Kenyans are expected to apply for these critical jobs at IEBC through an online application yet the IEBC website has been off-line (unavailable) ever since the vacancies were announced. The deadline for applications has not been extended meaning that the IEBC probably has its own preferred lists of candidates. Stuffed ballot boxes and dead voters, anyone? Meanwhile here is the IEBC press release on the BVR tender. Pure hogwash to anyone whose been following this thread! www.dropbox.com/s/bmigs2ivsa97f47/IEBC-PRESS-RELEASE.pdf Phil,I, too, am afraid the unavailability of the site to submit applications is a deliberate and calculated means to staff these positions through the back door. I know I have asked this and think I saw someone else raise the same issue on this thread but why is the media not exposing or covering these critical facts we are exposing right here on Jukwaa? Should we think about doing a paid ad and list all of them for the public to see for themselves before it's too late? Shouldn't the political parties that stand to lose (not gain) such as ODM be doing this, anyway? Just wondering but increasingly more deeply concerned.
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Post by phil on Jul 25, 2012 16:48:20 GMT 3
funkentelechyYes, that is correct. TC cannot start re-analysing TC reports with a view to changing the recommendation. One correction though. IEBC has the right to re-award to second best if the first choice is unable to service order. OmwengaThe best option is to take IEBC to court. Unlike pulling misinformed stunts like activists Okiya Omtata who I am informed has rushed to court to ask that the IEBC be compeled to award to the lowest bidder, we must take our time to collect facts and go to court. Okiya - looking for cheap publicity - fails to understand that the cheapest bidder may not necessarily be the best evaluated tenderer. At the very least hook up with a tender participant who can then appeal to the Public Procurement Oversight Authority for nullification. This is theoption I am currently exploring with an unsuccessful bidder. As an interested party, the PPOA (now with similar powers to high court in procurement issues) an interested party who participated in the tender can actually quote loses and other damages it is likely to directly suffer should the IEBC award to Symphony. Incidentally, the IEBC is now belatedly trying to change Symphony's name in its records having realised that this company has skeletons in the closet. I think something has happened at the Registrars office and whoever is undertaking the due delligence on behalf of IEBC will not find anything unsual there given the name is being changed. According to IEBC, Symphony is now known as Integration Systems! Even those who attended the tender opening know that there was never such a bidder recorded as having submitted a bid.
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Post by Omwenga on Jul 26, 2012 0:32:26 GMT 3
funkentelechyYes, that is correct. TC cannot start re-analysing TC reports with a view to changing the recommendation. One correction though. IEBC has the right to re-award to second best if the first choice is unable to service order. OmwengaThe best option is to take IEBC to court. Unlike pulling misinformed stunts like activists Okiya Omtata who I am informed has rushed to court to ask that the IEBC be compeled to award to the lowest bidder, we must take our time to collect facts and go to court. Okiya - looking for cheap publicity - fails to understand that the cheapest bidder may not necessarily be the best evaluated tenderer. At the very least hook up with a tender participant who can then appeal to the Public Procurement Oversight Authority for nullification. This is theoption I am currently exploring with an unsuccessful bidder. As an interested party, the PPOA (now with similar powers to high court in procurement issues) an interested party who participated in the tender can actually quote loses and other damages it is likely to directly suffer should the IEBC award to Symphony. Incidentally, the IEBC is now belatedly trying to change Symphony's name in its records having realised that this company has skeletons in the closet. I think something has happened at the Registrars office and whoever is undertaking the due delligence on behalf of IEBC will not find anything unsual there given the name is being changed. According to IEBC, Symphony is now known as Integration Systems! Even those who attended the tender opening know that there was never such a bidder recorded as having submitted a bid. Phil,Before going the court action route, it would behoove us to push for more transparency and shaming the wayward to doing the right thing. But I am with you in keeping that open as an option and even gathering info to that end. Meanwhile and along this line of thought, I have just read with relief finally good reporting on this by the Standard Online www.standardmedia.co.ke/?articleID=2000062675&pageNo=1 and even though everyone is saying the right thing or things, question of the year has to be how many are serious and, more importantly, how many are on the receiving end of the dirty money flowing even in these early stages to serve the interests of those having it flow? Note, however, what the PM is saying through Dennis which is quite interesting to say the least. It's not what I would have said if I were the PM, given what we know about this body thus far.
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Post by funkentelechy on Jul 26, 2012 18:14:21 GMT 3
"Foreign affairs officials allegedly demanded 30 million shillings bribe from 4G identity solution to write a positive report for the supply of biometric voter registration kits. The Indian Company claims they were left out of the tendering process after refusing to comply. My only issue with the Indians is, they should have complained about corruption attempts at the time they were committed. You don't sit with a bombshell and release it after you are edged out. This indicates that the Indians wanted to win the tender first and then pay the bribe!
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Post by funkentelechy on Jul 26, 2012 18:26:01 GMT 3
funkentelechyOne correction though. IEBC has the right to re-award to second best if the first choice is unable to service order. Still, the TC must first receive formal communication from the winner about inability to deliver, and then proceed to#2. They cannot do it on their own.
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Post by phil on Jul 26, 2012 18:59:56 GMT 3
STATEMENT BY FRIENDS OF RAILA (FORA) POLITICAL LOBBY GROUP ON THE CONTROVERSY SORROUNDING THE BVR TENDER BY THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
In February 2012, the IEBC advertised for the Biometric Voter Registration Solution tender as part of its preparations to register 18 million voters electronically. This was in response to the Kriegler Commission’s report, a key plank of which was a recommendation that a BVR register be set up to eradicate situations of multiple voter registration and ghost voting after it was detected that close to one million dead voters “participated” in the 2007 election.
In ushering a BVR system, Kenya would be joining a small league of countries that have already anchored a BVR/EVR (electronic voter register) as part of democratization and widening of transparency in the electoral systems of African countries that have long had a reputation for electoral malpractice.
The BVR tender advertised by the IEBC was an international one meant to attract the best bidders from all over the world. The system is already in use in Europe and in the Americas and other developed democracies including South Africa. Some 29 firms from various countries responded to the advert by 20th February but this was later extended to close on 16th March 2012.
Top IEBC officials have indicated that this tender process was to be concluded before end of May to give the successful bidder an opportunity to deliver the kits well in advance for the voter registration to start on August 14th. But tender wars started shortly bringing into disrepute a process that would have given Kenyans an opportunity to get rid of the old, discredited ways of voter registration and identification/authentication.
The IEBC Chief Executive Officer Mr James Oswago appointed a Tender Evaluation Committee comprising of both internal and external experts. The team met at the Sopa lodge in Naivasha for 21 days. It was led by Ms Decima Myayi and came up with a short-list of four companies.
Name of Company Quoted Price US$ Quoted Price Sh Origin 4G Solution 44,791,500.00 3,739,380,850.00 India Africa Symphony 46,352,871.00 3,976,654,5000.00 Kenya Face Technology 57,498,937.00 4,787,413,561.00 South Africa On Track Innovations 98,825,177.00 8,228,273,726.00 Israel
The CEO later appointed a due diligence Committee that travelled to India to evaluate the leading bidder. When the team returned it could not agree on its final report as one member objected to a report signed by seven others that favored 4G. We find it rather odd and inexplicable that the tender committee initially favored 4G Solution despite the fact they were blacklisted and banned by the Indian Government. These differences are documented in an internal memo prepared by the Chairperson of the Tender Committee, Ms Praxeedes Tororey Committee on 5th July 2012.
Several documents on the exchanges between the committee members and CEO, signal the existence of two or more opinions on how to handle the tender. As if that is not enough, there is the case of two commissioners who travelled to Canada and began engaging in tender canvassing with a losing bidder!
In summary the IEBC ad hoc tender committees had earlier indicated preference for 4G, shifted to Face Technologies and before settling on Symphony.
Subsequent communication from the IEBC, through its chair Isaack Hassan, including yesterday’s (July 23, 2012) press conference, have dismally failed to address the issues raised above, whereupon we wish to state as follows.
1. The integrity of any electoral system hinges solely on its credibility. Based on the casual way the IEBC has handled this issue and the flip-flopping shown by its own tender committee and officials on the matter, and given our past, unflattering electoral history, we are convinced that the process cannot stand the rigors of public oversight, scrutiny and accountability. Our submission is that on this matter, the credibility of the IEBC and its credentials as a custodian of public trust has been severely and almost irreparably damaged. It is sad that the IEBC does not seem to share the same view.
2. Further, the issue of Symphony’s identity is still shrouded in a lot of mystery. The IEBC has been referring to its latest preferred vendor as African Symphony while the company prefers to be known as Symphony, the holding name for 3 other companies but which is officially registered as System Integration Limited. There are also two other strange companies registered as Symphony Limited with two different identification numbers. Besides, we raise the red flag concerning the fact that one of the leading directors of the said company shares a long-running business association with one of the presidential candidates in the next elections! The possibilities are indeed too eerie to even contemplate! Still on Symphony and its many permutations, how could the IEBC settle on a company that has no known experience in handling this type of work, let alone the fact that an associated company was once blacklisted by the self-same Kenya government?
3. The controversy kicked off by the BVR system is likely to cause further delays in the voter registration exercise and could be used as an excuse to push forward the date for the next elections. There is no price for guessing which so-called presidential candidates stand to benefit from such an eventuality! Our fear is that the Kenyan public is being deliberate set up on a path that will eventually lead to a delay in registration and hence, elections. This is clearly at variance with public opinion and will be severely resisted by all the progressive forces that mean well for this country.
4. In the ensuing debate, the IEBC has not bothered to address the technical integrity of the BVR. Why are security concerns and fears of possible manipulation of the software being taken for granted by the IEBC? We ask again: • Who will be in charge of the software and its data base and how fool-proof will it be? • Whereas the BVR will validate voters using the National Registration Database, What mechanisms are in place for cross referencing those that actually voted against those declared by the IEBC to have voted? • What levels of access will the BVR Supplier and their Technical Teams have to the National Persons Register in the validation or integration process?. Unfettered access could obviously give rise to breaches in National Security, create the possibility of manipulation of the records among other concerns.
5. Out of the 29 bidders why was it difficult for the commission to find a clean and experienced company to deliver the BVR? Even now, nothing stops the IEBC from awarding the tender to one of the vendors as long as it has the technical capacity and passes the integrity test. The sooner these issues are conclusively dealt with the better for our democracy.
Having carefully examined the chronology of events surrounding the IEBC BVR/EVR saga and having taken into consideration unfolding political events in Kenya, a picture is clearly emerging of an attempt to delay the forthcoming General Elections by placing impediments and stumbling blocks in its way. Lengthy, delayed and stalling procurement processes laced with calculated incompetence backed up by unending court cases and other decoys are an attempt to buy more time and extend the life of the current parliament to the obvious advantage of a section of the political class.
DATED AT NAIROBI THIS TUESDAY THE 24TH DAY OF JULY 2012 FOR: FRIENDS OF RAILA 2012(FOR A).
Eliud Owalo.FOR A NATIONAL SECRETARY GENERAL. TEL: 0711-649066/0733-766204
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Post by malkia on Jul 26, 2012 22:04:39 GMT 3
Why this preoccupation with the Biometric Kits? Elections have been done without them and frankly with only 7 months to go, IEBC needs to keep their eye on the ball. The goal is a credible election not the most high tech. Are there risks to the old system, absolutely, but for heavens sake let's get serious, if the President died today (God forbid), IEBC would still be required to hold an election, no excuses. I am shocked at the level of unpreparedness with only 7 months to go and saddened by our complacency. We should be up in arms about these incessant and seemingly contrived delays.
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Post by job on Jul 27, 2012 1:25:30 GMT 3
Isaack Hassan will rue the day he allowed himself to be controlled by PNU mandarins and influence-peddlers. Independence is the best shield to conducting an election - not the kind of sham we had with the Kivuitus of this world. All that these commissioners (& secretariat) needed to do was look at Dr. Wily Mutunga at the Judiciary and replicate similar independent-mindedness. It's not business as usual anymore.
Let's now wait for the dicey/downhill slope. Don't say you weren't warned! All these Commissioners who chose partisan allegiances over patriotic duty should not ask what happened...when they'll soon be jobless with huge credibility questions hanging over their heads. They know what happened to some of their former colleagues (commissioners) from the disbanded IBRC....and what happened to ECK's Kivuitu & co. Watch this space. Kenyans will not allow yet another stupid extension of this corrupt, divisive, and unresponsive government. People are tired of this Kibaki regime. The elections must be held on time!
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Post by kamalet on Jul 27, 2012 9:48:52 GMT 3
Isaack Hassan will rue the day he allowed himself to be controlled by PNU mandarins and influence-peddlers. Independence is the best shield to conducting an election - not the kind of sham we had with the Kivuitus of this world. All that these commissioners (& secretariat) needed to do was look at Dr. Wily Mutunga at the Judiciary and replicate similar independent-mindedness. It's not business as usual anymore. Let's now wait for the dicey/downhill slope. Don't say you weren't warned! All these Commissioners who chose partisan allegiances over patriotic duty should not ask what happened...when they'll soon be jobless with huge credibility questions hanging over their heads. They know what happened to some of their former colleagues (commissioners) from the disbanded IBRC....and what happened to ECK's Kivuitu & co. Watch this space. Kenyans will not allow yet another stupid extension of this corrupt, divisive, and unresponsive government. People are tired of this Kibaki regime. The elections must be held on time! ...considering the expose on theft and graft in Raila's office, have you considered that it could have also been the mandarins in ODM that were involved in this saga? At least we now know that thieves lurk at both sides of Harambee Avenue!
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Post by phil on Jul 27, 2012 17:47:28 GMT 3
Seems someone at IEBC is reading Jukwaa........
"IEBC extends application for voter biometric registration clerks from 29th July to 8th Aug. Also improving capacity for huge online applications."
Problem is website is still down.....although it had been reported that "the IEBC website, which has been slow or unavailable, will be up and running in a few hours. Apologies to those applying for jobs online. Our systems were overwhelmed by the more than 3,000 applicants per hour."......that has been the promise for two weeks now!!
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Post by jakaswanga on Jul 29, 2012 22:51:45 GMT 3
Note, however, what the PM is saying through Dennis which is quite interesting to say the least. It's not what I would have said if I were the PM, given what we know about this body thus far. Omwenga, You were being ever so gentle! you really have a soft spot for this man --judging from the invective your pen is capable of elsewhere when you are correcting the chief justice or the rogue ;D Miguna wa Miguna! Actually I was thinking this was a misreporting. Every sensible fellow can see all is not well here, and this is the custodian body of peace next year, so I did not believe Raila was being that silly. Overstayed jet lag perhaps, with excellent attendant service on board?? I decided to wait a few days to see if he would come around, before I kicked his butt mercilessly. Otherwise he would really be offering us his rears for a good bullying, the type we handed the CJ as he deliberated not to skip the now historic book launch! (ingrained in national consciousness as the come baby come show) . My opinion is The IEBC is a sham already, so if anybody, even the PM, thinks those calling them out are alarmists, they have to to explain the grounds for his effusive confidence before others think the worst. Did you see this: There is an interesting statement by the EU mission in Nairobi: they have confidence in the Issack, the chair! that statement should be the one to start alarm bells for those who follow international politicshere is the civil society, calling for the cacellation of the tender. Mambo!
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Post by Omwenga on Jul 30, 2012 2:06:34 GMT 3
Note, however, what the PM is saying through Dennis which is quite interesting to say the least. It's not what I would have said if I were the PM, given what we know about this body thus far. Omwenga, You were being ever so gentle! you really have a soft spot for this man --judging from the invective your pen is capable of elsewhere when you are correcting the chief justice or the rogue ;D Miguna wa Miguna! Ahhh... Jakaswanga, are you trying to say something or you already have? Well, I'll set up a commission to determine if you're right. . My suspicion is you're not going to hear him say this again; technically, he didn't anyway as this was put out by Dennis. See my comment above. . Agreed. They're right on.
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Post by phil on Jul 30, 2012 17:13:18 GMT 3
The IEBC has finally terminated the tender for Biometric Voter Registration Solution Equipment. It is coming two months late and provides a major challenge for Chairman Isaak Hassan in so far the electoral time table and the production of a new voter register is concerned.
Awaiting the full copy of the IEBC statement before commenting further.
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Post by funkentelechy on Jul 30, 2012 18:48:07 GMT 3
As I said, there were only 2 options for the TC: 1, accept ... 2, reject.
What I need to know is whether this cancellation followed procedure.
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Post by phil on Jul 30, 2012 19:26:06 GMT 3
NOT SO FAST GUYS!
Strange happenings at Anniverssary Towers (IEBC Head Office) as at close of business this evening.
Confusion at IEBC as tender committee (appointed by CEO) cancels press advertisement announcing the termination of Biometric Voter Registration Kits tender just a few hours after the IEBC Chairman announced it, and the CEO approved it!
It seems Symphony powerful connections in the corridors of power are still fighting hard to win this lucrative contract and that Kenyans are yet to see the last of this.
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Post by jakaswanga on Jul 30, 2012 21:00:12 GMT 3
As I said, there were only 2 options for the TC: 1, accept ... 2, reject. What I need to know is whether this cancellation followed procedure. Can you please follow this up for Jukwaa. In the light of the last post by Phil above ... there could be legal battles coming up on the procedure of cancellation! Can we count on you, Count Telechy!?
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Post by job on Jul 30, 2012 22:59:41 GMT 3
NOT SO FAST GUYS! Strange happenings at Anniverssary Towers (IEBC Head Office) as at close of business this evening. Confusion at IEBC as tender committee (appointed by CEO) cancels press advertisement announcing the termination of Biometric Voter Registration Kits tender just a few hours after the IEBC Chairman announced it, and the CEO approved it! It seems Symphony powerful connections in the corridors of power are still fighting hard to win this lucrative contract and that Kenyans are yet to see the last of this. It would be terrible judgment of apocalyptic proportions to force this tender on Symphony - the Anglo-Fleecers! These folks had better start preparing for a manual vote. The curse on tendering for this electronic voting system has frankly had its toll on public confidence.
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Post by nok on Jul 31, 2012 8:22:37 GMT 3
Just in case IEBC can't sort out the BVR issue I propose that the country should consider
ELECTION DAY REGISTRATION - Cheaper - Less open in some ways to manipulation - encourages Turnout
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Post by nok on Jul 31, 2012 15:06:30 GMT 3
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Post by raiswakesho on Aug 1, 2012 3:00:26 GMT 3
IEBC MUST BE INDEPENDENT BOTH IN FACT AND IN APPEARANCE.
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