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U.S. charges president of election tech firm Smartmatic in $1M bribery case

IEBC awarded Smartmatic a Sh3.2 billion contract for the 2022 elections. The president of Smartmatic has now been indicted in the U.S. for offences related to the 2016 Philippine elections.

Kiems used in Kenya's election

Roger Piñate, the President of Smartmatic, the company that played a crucial role in Kenya’s 2022 General Election, has been indicted by a federal grand jury in the United States on charges of bribery and money laundering.

The U.S. Department of Justice announced that Piñate, along with two other executives and Juan Andres Donato Bautista, the former Chairman of the Commission on Elections (COMELEC) in the Philippines, is accused of orchestrating a complex bribery and money laundering scheme.

The charges relate to the 2016 Philippine elections, during which Smartmatic allegedly secured contracts by paying at least $1 million in bribes to Bautista, the former Chairman of the Commission on Elections (COMELEC) in the Philippines.

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The bribery scheme was reportedly funded by over-invoicing the cost of voting machines, with the excess funds being funneled into a slush fund used to pay the bribes.

To conceal these corrupt payments, the co-conspirators allegedly used coded language, created fraudulent contracts, and fabricated loan agreements.

The funds were allegedly laundered through a network of bank accounts across Asia, Europe, and the United States, including accounts in Florida, where Piñate resides.

Smartmatic’s Role in Kenya’s 2022 Elections

Smartmatic’s involvement in Kenya began when the Independent Electoral and Boundaries Commission (IEBC) awarded the company a Sh3.2 billion contract in November 2021 to supply and maintain the Kenya Integrated Election Management System (KIEMS).

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This system was central to the 2022 General Election, facilitating voter identification and results transmission across the country.

The contract award was not without controversy. Smartmatic was selected after a competitive bidding process in which it achieved the highest technical and financial scores among five bidders.

However, the decision was contested in various courts, including the Public Procurement Administrative Review Board (PPARB), the High Court, and the Court of Appeal.

Despite these challenges, the IEBC’s decision to award the contract to Smartmatic was upheld.

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Smartmatic supplied 14,100 new KIEMS kits to complement the 41,000 kits already in IEBC’s inventory, bringing the total to 55,100 kits.

These kits were deployed across 46,229 polling stations, with additional backup units in each county assembly ward.

The company’s involvement was seen as critical in the operation of voter identification and results transmission systems.

The Indictment and Its Implications

While the charges relate specifically to the 2016 Philippine elections, the revelations raise concerns about the integrity of the company’s practices in other countries where it has provided election technology.

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The U.S. Department of Justice emphasised that the indictment is merely an allegation, and all defendants, including Piñate, are presumed innocent until proven guilty.

However, if convicted, Piñate faces significant penalties, including up to 20 years in prison for each money laundering charge and five years for conspiracy to violate the Foreign Corrupt Practices Act (FCPA).

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