MPs demand audit of IEBC’s Sh3.9 billion pending bills

Members of Parliament (MPs) are demanding a thorough review of the Independent Electoral and Boundaries Commission’s (IEBC) financial records, calling for a special audit into Sh3.9 billion pending bills, most of which are legal fees.

The National Assembly Justice and Legal Affairs Committee (JLAC) wants the commission to provide detailed supporting documents to establish the authenticity of the claims before escalating the matter to the Auditor-General, Nancy Gathungu.

Out of the total debt, Sh2.7 billion is owed to various law firms, with the rest comprising Sh360 million in logistics bills, mainly to the Postal Corporation of Kenya, and Sh920 million categorised as other expenses.

In its report, JLAC raised doubts about the accuracy of some of the claims and flagged a possible inflation of figures.

“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,” reads part of the committee’s findings.

According to the documents presented, the commission owes at least 12 law firms.

The highest claim is from Mukele Moni and Company Advocates at Sh285.57 million for legal work done since 2013.

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

These legal fees cover election petition representation, administration of oaths, affidavit drafting, arbitration, procurement disputes, and other legal support services.

JLAC said that after reviewing the commission’s 2023–2024 budget, it was not satisfied with the explanations provided, adding that the financial strain has created friction between IEBC and its suppliers.

The committee, led by Tharaka MP Gitonga Murugara, also questioned the lack of consistency in legal fee payments, noting that IEBC does not have standard rates for contracted lawyers. JLAC has instructed the commission to present all relevant documentation for assessment.

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

The committee also advised the commission to streamline legal expenditure by developing standard fee structures and relying more on internal legal staff. “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,” it added.

IEBC Chief Executive Officer Marjan Hussein Marjan, while appearing before the Senate, said the agency is struggling with a cash shortage, making it hard to settle the growing bills.

He added that unpaid legal claims and court awards are putting pressure on operations, including early planning for the 2027 general election.

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Out of the pending bills, Sh554 million is linked to the 2022 presidential election petition filed by Raila Odinga against President William Ruto’s win.

As of June 2024, the commission owed Sh1.9 billion to lawyers involved in various 2022 election petitions.

This includes Sh56 million for gubernatorial petitions, Sh9.2 million for Senate cases, Sh147.5 million related to National Assembly petitions, and Sh13.9 million involving Woman Representatives.

An additional Sh113.9 million was used to hire lawyers for 79 petitions involving members of county assemblies.

The IEBC has also announced plans to pursue court-awarded payments from political leaders through auctioneers to recover over Sh400 million.

These court awards, amounting to Sh403 million, stem from election petition rulings in 2013 and 2017, which remain unsettled to date. Of that amount, Sh104 million is linked to 2013, while Sh299 million arises from 2017.

Meanwhile, the Public Accounts Committee has also raised separate concerns, accusing the IEBC of mismanaging public funds, citing poor transparency in the appointment and payment of law firms.