NAIROBI, Kenya — Members of Parliament are demanding a special audit of the Independent Electoral and Boundaries Commission’s (IEBC) Sh3.9 billion pending bills, raising concerns over ballooning legal fees and questionable financial management within the electoral body.
The National Assembly’s Justice and Legal Affairs Committee (JLAC) wants the IEBC to furnish detailed documentation supporting the claims before escalating the matter to the Auditor-General, Nancy Gathungu.
Law firms claim out of the Sh3.9 billion owed, Sh2.7 billion for legal services rendered over the years, while Sh360 million is attributed to logistics bills — mainly owed to the Postal Corporation of Kenya — and Sh920 million is listed under miscellaneous expenses.
In a report tabled by the committee chaired by Tharaka MP Gitonga Murugara, MPs flagged possible inflation of legal costs and inconsistencies in payments, calling for a forensic review.
“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 in part.
According to the documents submitted to Parliament, IEBC owes at least 12 law firms.
The largest claim comes from Mukele Moni and Company Advocates, seeking Sh285.5 million for legal services dating back to 2013.
Other notable claims include Garane and Somane Advocates (Sh161 million), G and A Advocates (Sh154.9 million), and Lubullelah and Associates (Sh115.6 million).
The fees cover a broad range of services, including representation in election petitions, arbitration, procurement disputes, and affidavit drafting.
JLAC accused the commission of lacking standardised rates for external legal services, leading to financial strain and tension between IEBC and its suppliers.
The committee has directed the commission to streamline its legal expenditure by developing uniform billing structures and leveraging in-house legal counsel.
“JLAC has stressed the need for the commission to standardise legal fees and engage internal legal staff to handle some petitions,” the report added.
IEBC CEO Marjan Hussein Marjan, while appearing before the Senate, admitted the commission is struggling with cash flow problems and is unable to clear the mounting debts, some of which date back several years.
The commission is also grappling with a Sh554 million legal bill from the 2022 presidential election petition filed by Raila Odinga against President William Ruto.
As of June 2024, IEBC owed Sh1.9 billion to law firms involved in handling various 2022 election disputes.
These include:
- Sh56 million for gubernatorial petitions
- Sh9.2 million for Senate cases
- Sh147.5 million for National Assembly petitions
- Sh13.9 million for Woman Representative disputes
- Sh113.9 million related to 79 county assembly petitions
Separately, the IEBC plans to pursue over Sh400 million in court-awarded costs owed by political leaders from the 2013 and 2017 elections.
The commission intends to use auctioneers to enforce the recovery, including Sh104 million from 2013 and Sh299 million from 2017.
Meanwhile, the Public Accounts Committee has also raised alarm over the IEBC’s financial management, citing poor transparency in the appointment and payment of law firms — further compounding scrutiny of the institution as it prepares for the 2027 general election.
