The Independent Electoral and Boundaries Commission (IEBC) has recently come under scrutiny for its substantial legal fees amounting to Sh1.94 billion, incurred during the 2022 general election petitions. This revelation was made through documents presented before the National Assembly’s Public Accounts Committee (PAC), showing that as of June 30, 2023, the IEBC’s total pending bills were Sh4.85 billion, with a significant 90% attributed to legal fees.
The IEBC Chief Executive, Marjan Hussein Marjan, testified before the PAC, explaining the necessity of these legal expenses. He stated that, regardless of whether the lawyers ultimately represent the IEBC in court, the commission must hire them to prepare for any potential legal challenges. Despite having four in-house lawyers, the IEBC’s legal team is not sufficient to handle the numerous petitions spread across the country.
Marjan emphasized the importance of being prepared for any eventualities post-election, noting, “The bulk of the pending bills is actually legal fees, as about 90 percent is made up of the fees arising from petitions that have been filed which must be dealt with as they have a timeline.” He further explained that after elections, the IEBC needs a panel of lawyers to assist in managing the petitions efficiently.
The Sh1.94 billion legal fee includes Sh569.3 million spent on 38 lawyers hired to defend the IEBC in the high-profile petition filed by Azimio La Umoja leader Raila Odinga, who contested the presidential election outcome. The Supreme Court eventually upheld President William Ruto’s victory. The IEBC’s Director for Legal Affairs, Chrispine Owiye, defended the legal expenditure, asserting that the country saved a significant amount as a repeat presidential election could have cost up to Sh12 billion. Owiye remarked, “If the IEBC was to lose the petition, we would go to a fresh election, and thus would have cost us about Sh12 billion.”
In addition to the presidential petition, the IEBC incurred Sh56 million in legal fees for 12 petitions challenging the elections of governors across various counties, including Kirinyaga, Narok, Garissa, Malindi, Mombasa, Kajiado, Tana River, Nyamira, Busia, Homa Bay, and Makueni. The commission also spent Sh9.3 million on petitions challenging the election of senators, Sh13.9 million on petitions contesting the election of Woman Representatives, and a similar amount on defending the election of Members of the County Assemblies. Furthermore, the IEBC incurred Sh146.2 million on petitions challenging political parties’ lists.
The PAC, chaired by Vice Chairman Paul Katana, expressed concern over the escalating legal costs, questioning the efficiency of the commission’s legal strategy. Marjan responded by highlighting the challenges faced by the IEBC, including the complexity of election-related legal disputes and the necessity of ensuring that all petitions are adequately addressed within the stipulated timelines.
The IEBC’s expenditure on legal fees underscores the significant financial burden that electoral disputes can impose on the commission. With the majority of the pending bills stemming from legal fees, there is a growing need for the IEBC to reassess its legal strategies and explore more cost-effective approaches to managing election petitions.
In conclusion, the IEBC’s defense of its Sh1.9 billion legal fees highlights the challenges and financial implications of managing election petitions in Kenya. As the commission continues to navigate these legal complexities, there is an urgent need for strategic reforms to ensure both the financial sustainability and the integrity of the electoral process.
