IEBC on brink: Commission CEO risks jail over Sh441 million unpaid legal costs

The Independent Electoral and Boundaries Commission is facing a severe legal and financial crisis, with its chief executive officer, Marjan Hussein Marjan, now at risk of jail over unpaid legal costs amounting to more than Sh441 million, while the commission’s assets could be auctioned to settle the mounting debts.

Marjan, while appearing before the Senate’s Justice, Legal Affairs and Human Rights Committee on Thursday, disclosed that the commission is struggling under a growing burden of legal expenses, with the total legal fees accumulated over time now standing at Sh2.1 billion.

He said the situation has become so serious that he has already been cited for contempt of court and warned that failure to pay the awarded costs could land him in civil jail.

“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.

He further warned that the commission expects even more legal bills as several pending cases near conclusion before the end of the current financial year.

These additional expenses will push the commission’s financial obligations even higher, compounding an already dire situation.

A significant portion of the legal debt, Sh554.37 million, arose from the 2022 Presidential Election petition in which Azimio and other parties contested President William Ruto’s victory.

Marjan added that while negotiations have helped reduce some of the debts, with a Sh642.6 million cut achieved, the commission still faces an upward review of legal fees as the courts tax final costs.

“The commission anticipates additional legal bills, pending the conclusion of cases expected before the end of the current financial year,” he said.

The legal debts form part of IEBC’s broader pending obligations, which have now ballooned to Sh3.79 billion.

Among these are Sh298.98 million owed to the Postal Corporation of Kenya for services during the 2022 general election, and another Sh837.60 million due to contractors for the supply of goods and services.

Marjan warned that the commission’s assets could be seized and auctioned in efforts to recover the unpaid amounts, a move that could paralyse IEBC’s ability to deliver its constitutional mandate.

He blamed persistent underfunding by the National Treasury for the commission’s financial troubles, stating that the current allocation for the 2024–2025 financial year is inadequate and cannot cover the rising debts.

“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.

He cautioned that if the pending bills are not settled, the commission may no longer be able to carry out essential functions, including by-elections and other electoral processes, as service providers may suspend cooperation due to unpaid dues.

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The Senate committee, led by Bomet Senator Hillary Sigei, now faces pressure to initiate interventions, either through legislative amendments or additional funding, to help the commission navigate the crisis.

Despite repeated requests to the National Treasury for more funding, Marjan said the responses have either been minimal or unhelpful, leaving the commission in a financial limbo.

“We urge the commission to ensure adequate budgetary allocation and push for the enactment of election-related legislation. These measures are essential to ensure electoral preparedness ahead of the 2027 general election,” he concluded.