IEBC Chairman Wafula Chebukati has embarked on a purge of top officials a week after former CEO Ezra Chiloba was sent packing.
The commission has written to over 25 staff allegedly implicated in questionable expenditures amounting to Sh4.6 billion during last year’s two elections.
They are required to explain their roles in the expenditures queried in a controversial internal audit ordered by Chebukati early this year.
According to a separate report by Auditor General Edward Ouko, the commission cannot account for up to Sh9.2 billion for various contracts it awarded in ten months last year.
The letters signed by acting CEO Marjan Hussein Marjan, himself an experienced auditor, has triggered apprehension that the fate of some staff associated with Chiloba is sealed.
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Chebukati has publicly stated that the internal audit report — which was disputed by three commissioners who quit earlier this year —has already been sent to the EACC and the Directorate of Public Prosecutions with a view to further investigating, indicting and punishing the culprits.
“Those who were involved in inflating the cost of elections, whoever they are, whether they are staff, commissioners or even myself, they should be arrested,” Chebukati said in Makueni on Tuesday.
Among those who have been issued with letters is Ann Njeri Nderitu, the manager for Electoral Training, who is now the acting Registrar of Political Parties. She is among the applicants for the lucrative job left by Lucy Ndung’u.
The internal report had adversely implicated the directorates of supply chain management, finance, ICT, voter registration and election operations as well as legal and public affairs.
The ICT directorate was headed by James Muhati while Immaculate Kassait was responsible for voter registration and electoral operations.
Praxedes Tororey who headed the legal and public affairs department resigned immediately after elections and has since landed a job at the Independent Policing Oversight Authority (IPOA).
Sources familiar with the IEBC intrigues told the Star that most of the senior managers issued with letters were members of the various tender evaluation committees or the inspection and acceptance committees constituted by Chiloba.
Chiloba, who protested his sacking last week as a witchhunt, declined to appear before the commissioners’ disciplinary committee on October 11 to answer audit queries arguing that they were already biased. He questioned how he could be held responsible for decisions taken by committees or individual staff and accused the three commissioners of stage managing an “audit to justify their end.”
He said the commission had denied him access to the documents he needed to explain the audit queries and participating in the proceedings was a mere formality.
“The commission proceeded to frame the issues raised in the internal audit as disciplinary issues leading to a show case letter. It is through the show cause letter that I saw the internal audit report for the first time,” he wrote.
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At the time of the elections last year, IEBC had 9 directors and 17 managers.
Yesterday, the commission’s communication and public affairs manager confirmed that indeed letters had been dispatched but denied that it means the recipients are culpable.
“The letters are occasioned by the internal audit. Its a standard administrative procedure to ask staff to explain any gaps identified,” Andrew Limo told the Star.
He went on: “It helps the strengthening of financial controls and effectively responds to external audit including the Parliamentary Accounts Committee. It does not necessarily convey culpability on those asked to explain.”
In her end of assignment report after fleeing to the US, ex-Commissioner Roselyne Akombe said election years are a harvest season at IEBC, with many tales of how procurement evaluation committees make a killing.
“There was a running joke that the only meetings which commission staff would attend on time were the tender evaluation committee meetings. The trend is the same when it comes to tenders at the constituency level,” Akombe wrote.
She concludes that “there are several accusations bordering on violations of procurement laws that can only be addressed through thorough independent investigations.”
The internal report reviewed 31 contracts the commission entered into during the August 8 polls and repeat presidential poll on October 26, all worth Sh6.2 billion.
However, of the tenders that were reviewed, the auditors led by Obadiah Keitany said they could not provide an assurance that the taxpayer got value for money in ten contracts worth Sh4.6 billion.
“This was largely due to acquisition of goods or services at exaggerated prices and lack of market survey reports, among other factors,” the report reads in part.
Among the issues noted in the audit is the overpricing of KIEMS kits during the fresh presidential election.
During the general election, French firm Safran Identity and Security was paid Sh4.1 billion for the supply, delivery, installation, testing and commissioning of the KIEMS kits.
However, during the repeat vote, the same firm was paid Sh2.5 billion for support during the presidential race.
“The cost during the fresh presidential election represented 60 per cent of the cost during the general election. This was found to be on the higher side considering that the general election involved acquisition of hardware, configuration, training and logistics while fresh presidential election involved purchase of a minimum number of hardware,” the report states.
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A review of the itemised cost for instance revealed that the cost of fresh presidential election day support was Sh443.8 million, almost twice the amount spent during the general election when there were elections in six positions.
The audit committee also noted that the training cost went higher in the repeat vote by Sh82.5 million.
The commission had spent Sh181.9 million in the general election but paid 264.4 million during the repeat vote for training.
The audit team also fingered Chiloba and team for paying Sh249.3 million for the supply, installation and support of the IEBC primary and secondary data centre equipment.
The initial budget was only Sh130 million, meaning the contract amount shot up by 92 per cent.
But despite paying millions, the audit committee noted that the data centre was not available during the election.
“Full installation and commissioning of the primary and secondary data centre equipment was not complete by 12 July 2017. In other words, the data centre was not ready by the time the general election was held...the accounting officer/directorate of supply chain management should explain reasons for the delayed implementation,” the audit concludes.
The audit also questioned the award of a Sh1,655,756 tender for printing of branded caps and t-shirts and bags to the Kenya Literature Bureau.
KLB which specialises in publishing of reading materials subcontracted another firm, Crystal Brands Communication.
“It’s therefore clear that this may have been a scheme to circumvent the procurement process by purporting to resort to government-to-government engagements while the goods were actually sub-contracted to Crystal Brands Communication,” the audit says.