French IT firm sues Kenyan Parliament after gross accusations

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IDEMIA, the French IT firm that was controversially awarded Sh6.8 billion to supply Kenya Integrated Election Management System (KIEMS) kits in the 2017 General Election, has now sued the National Assembly over move recommending it be blocked from doing business in Kenya for 10 years.

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The firm wants the court to declare the report by the Public Accounts Committee (PAC) in breach of its rights. 

According to the French firm, the report, recommendation and decision is against the  Fair Administrative Actions Act, 2015. 

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Formely  known as Safran Morpho, the company also supplied kits being used in the ongoing Huduma Namba registration.

However, the firm could be blacklisted from future transactions with Kenyan institutions.

This is after MPs adopted a special report by the Public Accounts Committee on the accounts of the IEBC by Homa Bay MP Peter Kaluma seeking the IT firm be investigated for continually violating and contravening the mandatory provisions of the Companies Act.

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PAC chaired by Ugunja MP Opiyo Wandayi had found the French firm to have operated in the country illegally as it was not registered when it went into business with the government, contrary to the Companies Act.

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The firm, however, claims the impugned decisions, directives and recommendations were undertaken without following the due process of law contrary to Fair Administrative Actions Act No. 17 of 2015. 

It says despite  having availed itself through its duly authorised officers before the Public Accounts Committee in answer to a specific invitation to answer specific queries, the MPs  consequently offended the Constitution and the Fair Administrative Actions Act, 2015.

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Majority Leader Aden Duale, Ruaraka MP Tom Kajwang, Kiharu MP Ndindi Nyoro were among MPs who supported the amendment citing that the change in company name over the last few year had raised questions.

“Why should they have double standards, what OT Morpho is doing in Kenya it can’t do in Paris, or London, or USA…where you see such change of name, iko ukora…,” said Majority Leader Aden Duale.

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The controversial French firm has within 3 years changed names from M/S Morpho to OT Morpho then Safran Identity and Security and is currently known as M/S IDEMIA.

In February this year, the firm’s senior vice president Olivier Charlanes told the PAC committee that Kenya had received value for money by procuring and deploying IDEMIA systems.

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He declared: “As a company, we have no doubt that we dutifully provided a robust system to IEBC, as part of our corporate commitment to empower citizens to vote in ways that are now possible in a connected environment.”

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IDEMIA operates from over 180 countries and has a longstanding presence in Africa including Kenya.

Since 2008, the company has provided the Kenyan Police with a criminal Automated Palm and Fingerprints Identification System (APFIS) and in 2012, the company delivered a biometric voter registration system to the IEBC in the run-up to the General Election in order to support IEBC building a secure and accurate electoral roll.

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During the probe, the management of IDEMIA admitted that the firm did not have a local representative after the committee served the head office in France.

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