Electoral commission chief executive Marjan Hussein Marjan was yesterday taken to task to prove how commissioner Irene Masit breached the law to warrant her suspension.
In a charged tribunal hearing at the Kenya Institute of Curriculum Development (KICD) in Nairobi, Mr Marjan was also questioned on why he was involved in results management yet he is not a commissioner.
While being cross-examined by Ms Masit’s lawyer, Mr Donald Kipkorir, the Independent Electoral and Boundaries (IEBC) secretariat boss said the four commissioners who disowned results of the presidential election, popularly known as “Cherera Four”, acted outside the law by procuring legal representation for the commission.
He told the tribunal, led by Justice Aggrey Muchelule, that the hiring of law firms to represent the polls agency rests with him as the IEBC’s accounting officer and he is also the one responsible for assigning contracts to external law firms after recommendation from the Directorate of Legal Services.
The CEO said that he did not issue any instructions to O. Ouma J. & Associates, a law firm that represented Ms Masit during the 2022 presidential petition, but to Iseme, Kamau and Maema Advocates.
“I did not instruct the law firm and I was the one instructing law firms as the accounting officer. It was not among the law firms we instructed. I am not aware who did it,” said Mr Marjan.
However, Mr Kipkorir countered by asking Mr Marjan how Ms Masit breached the law, yet O. Ouma J. & Associates has not raised any fee note wanting to be paid by IEBC.
Further, he said there was no letter saying the law firm was representing IEBC, however, it was representing the commissioner as an individual.
“Where is the breach of the law then? Have you been sued by the public procurement regulatory authority or have they written to you that you are in breach of the procurement law?” asked Mr Kipkorir.
The lawyer went on to ask why Ms Masit’s vehicle and other facilitative benefits were taken away from her after her suspension, against the law.
Mr Kipkorir said this was in contravention of Article 251(7) of the Constitution, which states that a person is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.
Mr Marjan said he received instructions from IEBC chairperson Wafula Chebukati to withdraw the benefits.
He said Ms Masit’s car was provided by the commission for use in official duties at the work station or outside only.
“I got instruction from the chairman – who all the commissioners report to – to take away the car and her security after her suspension,” said Mr Marjan. “On suspension, you don’t get facilitative benefits but half of salary and other remunerative benefits."
Mr Marjan was also put on the defensive on why he was assigned the role of dealing with results management and verification, yet he is not a commissioner.
Defending himself, he said different committees were formed by Mr Chebukati to handle various matters and together with commissioner Abdi Guliye, they were assigned to the results management and verification committee.
The hearings that started on Tuesday were adjourned yesterday and will resume on January 23 and go on until January 27.
