MPs seek special audit of IEBC pending legal claims

The Justice and Legal Affairs Committee of the National Assembly raised concerns over the IEBC’s Sh3.9 billion debt, a substantial portion of which—Sh2.7 billion—is attributed to legal fees.

An additional Sh360 million is owed for logistics, primarily to the Postal Corporation of Kenya, while Sh920 million falls under other miscellaneous bills.

In its report, the committee questioned the authenticity and possible inflation of some of the claims.

“The committee, cognisant of its oversight mandate, has directed the IEBC to submit primary documents in support of the pending bills, especially on legal claims,” the report reads.

The IEBC is indebted to at least a dozen law firms for legal services rendered in various election-related cases.

Topping the list is Mukele Moni and Company Advocates, which is owed Sh285.57 million for legal work carried out since 2013.

Other major creditors include Garane and Somane Advocates (Sh161 million), G and A Advocates (Sh154.9 million), and Lubullelah and Associates (Sh115.61 million).

The bills are for representation in election petitions, administration of oaths, drafting of the affidavits, public procurement and review board matters arbitration, and compensation, among others.

JLAC, after a review of IEBC budgets for the 2023-24 fiscal year, said it was not satisfied by the veracity of the claims, which the commission says puts it at loggerheads with suppliers.

Among the questions the MPs are raising is the lack of standard fees for paying the lawyers contracted by the electoral agency to defend its cases and petitions filed against it.

As such, the Tharaka MP Gitonga Murugara-led team wants the commission to furnish the committee with the supporting documents for review before the matter is escalated to the auditor general.

“The documents would be scrutinised to ascertain whether the auditor general should conduct a special audit,” the report reads in part.

JLAC has “stressed the need for the commission to standardise the fees charged by the law firms and engage in-house lawyers to undertake some of the petitions.”

In a recent appearance before the Senate, IEBC CEO Hussein Marjan said the commission was grappling with a cashflow crisis, hence unable to settle the bills.

He said the commission was equally under pressure to settle court awards and the unpaid legal fees, hampering preparations for the 2027 general elections.

Of the amount, Sh554 million is arising from the 2022 presidential election petition where Raila Odinga challenged President William Ruto’s election.

IEBC anticipates additional legal bills from ongoing court cases, some of which were to be settled by the end of the last financial year.

As of June 2024, IEBC owed its lawyers who handled petitions filed against the commission to the tune of Sh1.9 billion, for the 2022 elections alone.

The polls agency owed Sh56 million to lawyers who handled governor election petitions and Sh9.2 million for Senate petitions.

An outstanding Sh147.5 million is in respect to cases involving members of National Assembly and Sh13.9 million for petitions against three woman representatives.

The commission also spent Sh113.9 million to hire lawyers against the 79 petitions filed against MCAs who won the 2022 election.

The agency said it was set to unleash auctioneers on prominent political leaders to recover more than Sh400 million court awards.

Court awards amounting to Sh403 million – slapped against the electoral commission in the 2013 and 2017 election petitions, remain unpaid to date.

Of the amount, Sh104 million arises from suits against the IEBC in 2013, while Sh299 million is pending from the 2017 election petitions.

In a separate probe, the Public Accounts Committee (PAC) accused the IEBC of financial mismanagement, citing a lack of transparency in how law firms are appointed and compensated.

MPs allege that the commission overpaid law firms due to the absence of a fee ceiling in the Advocates Remuneration Order, allowing firms to charge exorbitant rates.

PAC, led by Butere MP Tindi Mwale, insists on a forensic audit to investigate decade-old legal debts, including those dating back to 2013.

Marjan says the commission lacked funds to settle bills due to limited non-election year budgets and perennial financial challenges.

There are 124 election petitions filed after the 2022 polls, which required hiring additional law firms, the commission told Parliament.

INSTANT ANALYSIS

Just like JLAC, PAC had directed the IEBC to submit a status report detailing outstanding bills for review. With the 2027 general election looming, MPs are pushing for urgent reforms to restore public trust in the electoral process. The Attorney General has been given six months to draft guidelines for appointing and paying legal firms representing the IEBC.