The Independent Electoral and Boundaries Commission is on the brink of a financial and legal crisis, with ballooning legal costs threatening to paralyse its operations and land its top leadership behind bars.
Appearing before the Senate’s Justice, Legal Affairs and Human Rights Committee, IEBC chief executive officer, Hussein Marjan, revealed that the commission is grappling with court-awarded costs amounting to more than Sh441 million, arising from multiple lawsuits.
Marjan revealed that the amount is part of Sh2.1 billion in legal fees accumulated by the commission over time.
In a startling disclosure, the CEO confirmed he has already been cited for contempt of court for not settling the dues and warned of possible jail time if the agency fails to act.
“The commission CEO has been cited for contempt of court orders and risks committal to civil jail due to the Commission’s inability to settle the awarded costs,” Marjan told the committee.
“The commission anticipates additional legal bills, pending the conclusion of cases expected before the end of the current financial year.”
The situation is so dire that IEBC assets risk being auctioned to recover the outstanding payments.
A significant portion of the debt – Sh554.37 million – relates to legal expenses incurred during the 2022 Presidential Election petition, where Azimio and other parties challenged President William Ruto's election victory.
Marjan noted that negotiations had resulted in a Sh642.6 million reduction in some of the outstanding legal costs.
However, he warned that the commission's liabilities are expected to increase further, especially as ongoing cases are concluded and legal fees are taxed upwards from the original amounts.
Legal bills are just one component of the commission’s total Sh3.79 billion in pending obligations.
Other major debts include: Sh298.98 million owed to the Postal Corporation of Kenya for services during the 2022 general election and Sh837.60 million owed to contractors for the supply of goods and services.
The Senate committee is chaired by Bomet Senator Hillary Sigei, who now faces pressure to help steer IEBC out of the financial quagmire through legislative or budgetary intervention.
The revelations come amid broader concerns over the commission’s preparedness for upcoming electoral processes, including critical by-elections and the 2027 general election.
Marjan cautioned that continued delay in settling these debts could lead to service providers halting operations – jeopardising crucial functions such as by-elections and other electoral processes.
He blamed chronic budgetary shortfalls for the unpaid bills.
“Given the current budget allocation versus the magnitude of the bills, the full amount cannot be cleared within the FY 2024–2025 budget,” he said.
Unless the pending bills are settled, the commission’s operational capacity will be severely constrained.
The IEBC has repeatedly written to the National Treasury requesting additional funds, but Marjan said responses have been minimal or unhelpful.
“We urge the commission to ensure adequate budgetary allocation and push for enactment of election-related legislation. These measures are essential to ensure electoral preparedness ahead of the 2027 general election,” he concluded.
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