Court allows IEBC-linked OT Morpho be barred from doing business in Kenya

The High Court has declined to suspend implementation of a report by Parliament recommending French firm Idemia (formerly OT Morpho) be barred from conducting any business in Kenya over its alleged role in procurement malpractices at the IEBC during the 2017 elections.

Idemia moved to court last week to challenge the report saying it was not given an opportunity to defend itself, further accusing the National Assembly of assuming the role of investigating agencies arguing that it’s decision was unfair and unlawful.

“Idemia was never notified of this contemplated action against it neither was it accorded an opportunity to defend itself before the aforesaid adverse and unlawful findings and recommendations were made against it,” read court papers.

While delivering the ruling on Monday, High Court Judge John Mativo said the application has no merit to warrant stay, thereby giving the government a go-ahead to implement its report.

Members of Parliament last month overwhelmingly voted to bar the firm which reportedly also supplied technology for the Huduma Namba registration exercise.

In the run-up to the August 2017 General Election and the October 2017 repeat presidential polls, IEBC awarded OT Morpho tenders worth over Ksh.6 billion to provide election technology.

The August House recommended that the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) undertake a probe.

They also proposed that appropriate criminal action be instituted against the company for doing business with IEBC before being registered as a foreign company as required by the Companies Act, 2015.

Parliament further recommended that M/S IDEMIA be blacklisted and barred from transacting business with any government agency for a period of at least 10 years if found culpable of flouting provisions of the Companies Act.

Parliament also recommended that all monies unlawfully paid under the deals be recovered and the company directors prosecuted.