Court Stops IEBC 2027 Ballot Tender: Who Will Print Kenya’s Election Papers?

The High Court has temporarily stopped Kenya's electoral commission from proceeding with a crucial tender for printing ballot papers and other election materials for the 2027 General Election, opening a new legal battle over who should qualify to handle one of the country's most sensitive election contracts.

Justice William Musyoka suspended further procurement proceedings after Kenyan company Oilmax Ventures Ltd challenged requirements imposed by the Independent Electoral and Boundaries Commission (IEBC) on companies seeking the contract.

At the heart of the dispute are extraordinary capacity requirements.

A bidder must demonstrate experience handling at least two previous security ballot-printing contracts, including one involving at least 150 million ballot papers within the last five years.

Potential suppliers must also demonstrate an average annual turnover of KSh6 billion for 2023, 2024 and 2025 and access to KSh10 billion in working capital.

Oilmax argues that the conditions are excessively restrictive and could effectively lock Kenyan companies out of the tender.

IEBC, however, says the requirements reflect the enormous scale and security sensitivity of conducting a national election.

The court battle now raises a critical question less than a year before Kenyans vote:

Who will print Kenya's 2027 ballot papers — and can IEBC procure them early enough to avoid another election logistics crisis?

What exactly is IEBC buying?

IEBC advertised the international tender on August 11, 2026.

Tender No. IEBC/OIT/02/2026-2027 covers the supply and delivery of:

ballot papers;
tactile ballot folders;
the Register of Voters; and
statutory election result declaration forms.

The commission estimates that the 2027 General Election will require approximately 168 million ballot papers in aggregate.

That huge number results from Kenya's electoral system.

A voter participating in a General Election can receive multiple ballot papers to elect the President, governor, senator, Member of Parliament, woman representative and member of county assembly.

IEBC therefore argues that whoever wins the contract must demonstrate that it has previously handled security printing on a comparable scale.

Why 150 million ballot papers?

This is one of the requirements Oilmax is challenging.

IEBC requires bidders to show that they have completed at least two previous security ballot-printing contracts, including one involving a minimum of 150 million ballot papers within five years.

The Public Procurement Administrative Review Board (PPARB) previously upheld the condition.

The board noted that 150 million represents approximately 89.3 per cent of IEBC's projected 168 million ballot requirement.

It therefore accepted IEBC's argument that the threshold is connected to the scale of the job rather than being an arbitrary barrier designed to eliminate bidders.

The board acknowledged that the requirements were demanding and would exclude some suppliers but found that Oilmax had not proved they were unlawful, discriminatory or anti-competitive.

Why does a bidder need KSh10 billion?

IEBC has also imposed stringent financial requirements.

Bidders must have recorded average annual turnover of at least KSh6 billion over the three years from 2023 to 2025.

They must additionally demonstrate access to KSh10 billion to finance the supply contract.

IEBC's argument is essentially one of risk.

Printing, securing, packaging and transporting election materials for a national election requires substantial upfront capital.

A supplier that runs into financial difficulties after receiving the contract could potentially disrupt the entire election timetable.

Oilmax argues that the thresholds are disproportionate and unnecessarily restrict competition.

That disagreement will now be determined by the High Court.

The 40% local-content problem

Oilmax has raised another potentially important contradiction.

IEBC's tender requires at least 40 per cent local content, involving Kenyan manufacturers or citizen contractors.

But Oilmax argues that the companies capable of proving they have previously printed 150 million ballot papers are likely to be large international security printers.

Kenyan companies capable of satisfying the local-content requirement, meanwhile, may not have a record of printing 150 million ballot papers under a comparable contract.

Oilmax argues that IEBC has therefore created two mandatory requirements that may be extremely difficult to satisfy simultaneously.

The company wants the court to compel IEBC to reformulate the qualification requirements so that the experience and financial thresholds can operate alongside the local-content condition.

That argument could ultimately determine whether Kenyan companies obtain a significant role in producing the 2027 election materials.

What Oilmax wants from the court

Oilmax first challenged the tender before the Public Procurement Administrative Review Board.

The board rejected most of its objections on September 3, finding that it had failed to establish that IEBC's experience and financial requirements were unlawful.

Oilmax then moved to the High Court.

It wants the court to quash the procurement board's decision upholding the disputed requirements.

It also wants IEBC stopped from receiving, opening, evaluating or awarding bids under the existing conditions.

Ultimately, the company wants IEBC ordered to rewrite the qualification criteria.

Justice Musyoka granted permission for the judicial-review proceedings and suspended further procurement steps pending determination of the dispute.

When will the court decide?

The case could move relatively quickly.

Justice Musyoka directed the parties to file written submissions.

The case is scheduled for a compliance mention on October 7, with judgment expected on October 16, 2026.

Until then, IEBC cannot proceed with the affected procurement steps under the suspended process.

This isn't IEBC's only troubled 2027 tender

The ballot-paper dispute is particularly significant because another critical election procurement has also faced a challenge.

IEBC is separately procuring the Integrated Elections Management System (IEMS) and associated hardware — the technology required for key electoral processes including voter identification.

That procurement is Tender No. IEBC/OIT/01/2026-2027.

In a separate dispute brought by Galadirel Investments Ltd, the procurement review board found deficiencies in some of the tender's technical specifications and evaluation criteria and ordered IEBC to correct and republish the tender documents.

Among the issues identified were technical standards, requirements applying to international tenderers, post-qualification provisions, key personnel requirements and hardware and technology ownership provisions.

That means two of IEBC's most consequential preparations for the 2027 election — election technology and ballot materials — have encountered procurement challenges.

Why this matters for the 2027 election

Kenya's next General Election is scheduled for August 10, 2027.

That leaves IEBC with roughly 11 months to complete procurement, production, testing and deployment of critical election infrastructure.

Ballot papers cannot simply be ordered immediately before polling day.

IEBC must finalise candidate lists, determine ballot quantities, approve designs, supervise printing, implement security controls and arrange transportation to polling stations across the country.

Election technology requires even longer preparation because equipment and software must be procured, tested, integrated and deployed before election day.

Court challenges are a legitimate part of public procurement oversight.

But repeated disputes could become a logistical risk if they consume substantial portions of IEBC's preparation timetable.

Who printed Kenya's previous ballots?

Ballot printing has repeatedly generated political controversy in Kenya because of the sensitivity of election materials.

Foreign security printers have historically played major roles in Kenyan elections, partly because of the scale, security requirements and specialised equipment involved.

The question before the court is therefore broader than whether one Kenyan company qualifies for the contract.

It is about how IEBC balances security and proven experience against competition, local participation and value for taxpayers.

Setting requirements too low could expose an election to a supplier incapable of delivering one of Kenya's largest and most sensitive printing exercises.

Setting them unnecessarily high could eliminate legitimate competitors and leave only a tiny group of international firms capable of bidding.

That is the balance the High Court will now have to examine.

What happens next?

The immediate effect of Justice Musyoka's order is that the ballot-material procurement cannot proceed while the judicial-review case is pending.

The October 16 judgment could broadly lead in either of two directions.

The court could uphold IEBC's requirements, allowing the commission to resume the procurement.

Alternatively, it could agree that some conditions need to be rewritten, forcing IEBC to amend and potentially re-advertise or extend the tender.

Either outcome still leaves time before the August 2027 election.

But with both ballot procurement and election technology already facing legal disputes, scrutiny of IEBC's timetable will intensify.

The bigger question is no longer simply who will print Kenya's ballots.

It is whether IEBC can resolve the procurement battles early enough to ensure that the disputes surrounding the mechanics of the 2027 election are settled long before Kenyans arrive at polling stations.