NAIROBI, Kenya – The Independent Electoral and Boundaries Commission (IEBC) is under intense scrutiny after it was revealed that a staggering 80% of its pending bills, totaling Sh4.39 billion, are tied up in legal fees.
The discovery has sparked concerns in Parliament, with lawmakers accusing the electoral body of overspending without proper procedures or oversight.
During a public session held by the Public Accounts Committee (PAC), MPs voiced frustration over the lack of transparency in how law firms are selected and compensated by the commission.
A report tabled in the National Assembly outlined the need for clear guidelines governing the appointment of legal firms, amid fears of mismanagement and potential corruption.
“There is no clarity regarding how law firms are appointed to represent the commission, leading to excessive payments without proper controls,” said the PAC members.
They also called for the Attorney General’s office to be involved in the process, arguing that the current lack of oversight has allowed for discrepancies in the legal fees charged.
The Sh4.39 billion in outstanding payments includes Sh2 billion for the 2021/2022 financial year and an additional Sh2.29 billion for the 2022/2023 period.
Much of this debt arises from legal services rendered during the 2022 General Election, particularly relating to election petitions and procurement-related disputes.
IEBC CEO Hussein Marjan addressed the committee, explaining that the commission had been unable to settle the outstanding amounts due to limited budget allocations in non-election years.
“The budgetary allocations in non-election years are mainly focused on operational expenses, making it difficult to address pending bills as a priority,” Marjan explained.
However, MPs were unconvinced by the explanation, noting that the lack of a formal process for selecting legal representation has led to overpayments and inconsistent fee structures.
They emphasized the need for the IEBC to adhere to the Advocates Remuneration Order, which sets guidelines for how legal fees should be determined, yet leaves room for wide discrepancies in the amounts paid.
“There is no ceiling set on the legal fees, which allows for vast variances between what different law firms are paid,” the PAC members pointed out.
They urged the IEBC to develop a more transparent and standardized process for selecting legal firms and compensating them fairly.
The MPs also raised concerns over the IEBC’s failure to recover Sh5.4 million in court-awarded costs dating back to 2013.
Despite efforts to pursue these funds, the commission has struggled to make progress, citing challenges in tracking down some of the parties from whom the money is owed.
“The lack of proactive action in recovering these costs is troubling,” the MPs stated. “There is a clear issue of lethargy in pursuing these outstanding funds.”
Additionally, the PAC scrutinized the IEBC’s handling of its equipment, particularly the loss and damage of Kiems kits purchased in the 2016/2017 financial year.
Several kits were reported missing parts or damaged beyond use, prompting a call for a special audit.
The MPs noted that the pattern of missing equipment appeared suspicious, with some losses following a specific geographical pattern.
“The loss of equipment seems to be well-coordinated, and investigations are ongoing, but with no clear timelines for resolution,” the report stated.
In response, the PAC has directed the IEBC’s Accounting Officer to submit a status report on the long-standing debts and equipment losses within three months, for further review and audit.
The MPs are also seeking a detailed investigation into the legal fees and procurement practices to ensure greater accountability and efficiency within the commission.
