How pending Sh3.7b bills threaten IEBC operations ahead of 2027 elections

IEBC CEO Marjan Hussein at the Witness stand at the Tribunal held at KICD on Thursday, December 22, 2022.[File. Standard]. The Independent Electoral and Boundaries Commission (IEBC) has accumulated pending bills totalling Sh3.7 billion, with the majority relating to legal fees arising from petitions following the last General Election. IEBC CEO Marjan Hussein Marjan disclosed that the pending bills include legal fees amounting to Sh2.1 billion, presidential election petition legal fees of Sh554 million, election logistics with the Postal Corporation of Kenya at Sh299 million, and Sh837 million for various goods and services. Appearing before the Senate Justice and Legal Affairs Committee, which is deliberating on priority electoral reforms ahead of the 2027 general elections in Nairobi, Marjan revealed that the Commission had negotiated some of the legal bills, thereby saving Sh642.6 million. "The Commission anticipates additional legal bills, currently pending the conclusion of ongoing cases, before the end of the current financial year. Court awards against the Commission amount to Sh441 million, which the Commission is unable to pay due to budgetary constraints," he explained. Marjan further disclosed that, as CEO, he has been cited for contempt of court and faces the risk of being committed to civil jail for failing to meet court-ordered costs. There is also a possibility of the Commission's assets being auctioned to recover the amounts awarded by the courts. Regarding the upcoming 2027 general election, Marjan said the total resource requirement initially stood at Sh61.7 billion. However, after further consultation with the National Treasury, the Commission revised the requirement downwards to Sh57.38 billion. The IEBC is also expected to conduct 22 by-elections, including 15 for Members of County Assembly (MCAs). It requires Sh1.08 billion for these elections but has so far been allocated only Sh788 million by the National Treasury. Marjan outlined the funding needs for several key by-elections, stating that the Baringo Senatorial race would require Sh343.6 million. The Banissa by-election is expected to cost Sh53.6 million, while Magarini will need Sh71.6 million. Ugunja's by-election is projected at Sh54.3 million, Malava at Sh67.8 million, and Mbeere North at Sh59.4 million. Committee Chairperson Hillary Sigei said that establishing appropriate laws and institutional frameworks, including dispute resolution mechanisms at various electoral stages, was essential for achieving lasting peace and prosperity. Sigei observed that the 2022 General Election revealed areas within the electoral system requiring improvement to better meet the high standards outlined in Article 81 of the Constitution. "Article 81 mandates that not more than two-thirds of the members of elective public bodies shall be of the same gender. It also emphasises fair representation of persons with disabilities, universal suffrage, and equality of vote," said Sigei. He highlighted several bills under consideration aimed at addressing these challenges, including the IEBC (Amendment) Bill 2022, the Referendum Bill, and the Political Party Primaries Bill. Some unresolved issues that surfaced during the elections were addressed in the Report of the National Dialogue Committee (NADCO). The report paved the way for multiple bills, one of which has already become law, the IEBC Amendment Bill, 2024. He added that the Constitution of Kenya (Amendment) Bill (Senate Bills No. 17 of 2024) and the County Governments Election Laws (Amendment) Bill (Senate Bill No. 2 of 2024), both election-related, are currently under Senate consideration. Registrar of Political Parties Anne Nderitu emphasised key reforms needed ahead of the 2027 general election. She stressed the importance of limiting indirect nominations to delegate use, as party organs should not replace party members in electing candidates. Nderitu also called for greater transparency in coalition agreements, urging the Office of the Registrar of Political Parties to publish them to avoid challenges witnessed during the last electoral cycle. "There is a need to address the mass movement of elected members from their sponsoring parties during periods when by-elections cannot be held, such as within three months before a General Election. This affects Kenyans' right to representation," she noted, also calling for legal timelines to ensure disputes regarding resignation, expulsion, or the deeming of a party member to have resigned are resolved promptly.

How pending Sh3.7b bills threaten IEBC operations ahead of 2027 elections

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