IEBC owed Ksh403M in accrued legal fees
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IEBC owed Ksh403M in legal fees accrued since 2013 according to the commission's CEO Marjan Hussein
IEBC owed Ksh403M in legal fees accrued since 2013 according to the commission’s CEO Marjan Hussein.
The Independent Electoral and Boundaries Commission (IEBC) has published a list of individuals who owe the commission KES 403 million in accrued legal fees.
Despite its efforts, the commission has been unable to obtain the funds from those who had their election petitions rejected.
Among those named are former Embu Senator Lenny Kivuti, Dadaab MP Farah Maalim, Kitui Governor Julius Malombe, Migori Governor Ochillo Ayako, former Lamu Governor Issa Timamy, and former Education CAS Hassan Noor.
IEBC CEO Marjan Hussein told the John Mbadi-led committee that they have moved to seek the legal opinion of Attorney General Justin Muturi to surmount the challenges which include long filing of costs by the court.
The bulk of the fees, which date back to the 2017 election petition filed at the High Court, has not been recovered.
“The judgment debtors are afforded an opportunity in court to be heard, hence delaying the process,” Hussein said.
In some cases, the electoral agency has pointed out that law firms have shown laxity in recovering costs, which has delayed the process further.
The commission has, since 2013, managed to retrieve KES 6.7 million from 12 cases they have won.
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Auditor General Nancy Gathungu has raised queries over Sh403 million outstanding legal award fee to the poll commission citing laxity from the latter in initiating the process of recovering the monies.
“Recovery of costs is dependent on successfully securing certificates from taxing officers in Court followed by appropriate execution of the proceedings,” Hussein said.
In the assessed costs awarded to the poll body, the bulk of the amount was awarded in 2017 in the election petition filed at the High Court which was capped at Sh267 million.
In 2013, the election petition legal award fee at the High Court was Sh99.7 million with the lower court petitions in the same election year capped at Sh4.2 million.
In the 2017 election petition, the poll agency is yet to recover the legal award fee amounting to Sh32.3 million.
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