March 26, 2025

Ruto’s administration clears controversial 2022 KIEMS Kits provider Smartmatic to continue operations in Kenya

Ruto's administration clears controversial 2022 KIEMS Kits provider Smartmatic to continue operations in Kenya

2022 KIEMS Kits provider Smartmatic gets trademark to continue operations in Kenya

2022 KIEMS Kits provider Smartmatic gets trademark to continue operations in Kenya.

The technology company behind the provision of technology in the disputed 2022 elections in Kenya has been granted trademark registration in the country.

Smartmatic International had applied to register its trademark locally. 

The announcement was made in the February 2023 monthly journal by the Kenya Industrial Property Institute (KIPI), which administers industrial property rights and provides technical information to the public.

According to the journal, Smartmatic International Corporation has applied for trademark registration in several categories, including automated electronic voting machinery and voting systems, hardware and software documentation, consulting services related to election planning and management, and design and programming of automated voting solutions.

The registration of the trademark has been accepted by KIPI, but any person who has grounds for opposition may lodge a notice of opposition within 60 days of the journal’s publication. 

The notice must be accompanied by a fee of KES 5,000/= (local opponent) or US$ 250 (foreign opponent).

The period for lodging the notice of opposition may be extended by the Registrar as they deem fit.

The announcement also states that formal opposition should not be lodged until after reasonable notice has been given in writing to the applicant for registration. 

Failure to give such notice will be taken into account when considering any application by an opponent for an order for costs if the opposition is uncontested by the applicant.

Smartmatic International Corporation, which is based in Barbados, was responsible for providing the automated electronic voting machinery and voting systems used in Kenya’s 2022 elections. 

The company has faced widespread criticism and allegations of electoral fraud, which the company has severally denied.

The Azimio wing claimed that the Kenya Kwanza administration sought to influence the outcome of 2027 polls and keep President William Ruto in power. 

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The registration of the trademark is already causing unease within opposition and civil society organizations in Kenya, who have been vocal in their criticism of the 2022 elections and the role played by Smartmatic in the process.

“This company faced accusations and allegations of rigging the last election. So even if they decide to register in the country, I don’t think they should be allowed to participate in any polls,” former Kakamega Governor Wycliffe Oparanya pointed out. 

ODM chairman, John Mbadi echoed Oparanya’s sentiments, arguing that the company should exit the Kenyan market. 

“It is evident that if they have registered their trademark, they would want to continue operations locally. We wonder what other business they would want to be involved in other than the obvious one, which is the election. 

“The best thing for them to do is to quit the Kenyan market, especially on matters of elections. They can try their luck elsewhere,” he noted.

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