IEBC yet to recover Sh403m from 2013, 2017 election petitions
IEBC chief executive Marjan Hussein Marjan appears before the National Assembly Public Accounts Committee (PAC) on February 16, 2023, to respond to audit queries.
The electoral commission is yet to recover at least Sh403 million from sitting county governors, MPs and former elected leaders, money which arose from the election petitions of 2013 and 2017.
Marjan Hussein Marjan, chief executive of the Independent Electoral and Boundaries Commission (IEBC), made the revelation on Thursday when he appeared before the Public Accounts Committee (PAC) of the National Assembly. The committee is considering its audited accounts for the 2020/21 financial year.
A document the CEO presented to the PAC, which is chaired by nominated MP John Mbadi, shows that of all the court-awarded money, Sh267.08 million arose from election petitions filed at the High Court in the 2017 General Election.
At least Sh99 million was from High Court petitions for the 2013 election, Sh32.32 million from the lower court for the 2017 poll and Sh4.24 million from the lower court for the 2013 vote.
Mr Mbadi wondered why the commission is unable to collect the funds to finance some of its operations.
He said: “The costs were awarded by the court years back. Why hasn’t the commission recovered them?”
Mr Marjan told the committee that the commission has “put in place mechanisms to recover the costs” but noted hurdles brought on by bureaucracies in government.
“The recovery of costs is dependent on the successful securing of certificates from taxing officers in court followed by appropriate execution proceedings,” he said.
He further told the MPs that filling bills of costs against persons adjudged by a court to be liable to pay them has been hampered by the fact that the taxation of costs in court takes a long time.
He noted, however, that the commission has issued instructions to law firms to recover the costs awarded to the commission.
What politicians owe
Former Embu Senator Mr Lenny Kivuti is among the politicians billed to pay the commission.
Mr Kivuti was to pay Sh4.5 million in costs after his petition challenging the election of former Embu Governor Martin Wambora in the 2017 General Election failed.
Former Rift valley Provincial Commissioner Mr Hassan Noor Hassan is to pay Sh5 million as his petition against the 2017 election of then Mandera Governor Ali Roba, currently the county’s senator, election failed.
The others are John Munyes (Sh2 million), who challenged the election of then Turkana County Governor Joseph Nanok in the 2017 election, and former Ruaraka MP Elizabeth Ongoro (ShSh1.5 million), who lost the election petition against current area MP Tom Kajwang.
There is also former Kitutu Masaba MP Walter Nyambati (Sh5 million), who unsuccessfully challenging the election of then Nyamira governor, the late John Nyagarama, in the 2017 elections, and former Likoni MP, the late Mwahima Masudi, whose case was against current Likoni MP Mishi Mboko. He owed Sh1 million.
The late Jakoyo Midiwo, former Gem MP, owed Sh1.5 million after failing to overturn the election of Elisha Odhiambo as Gem MP in the 2017 vote while former Narok South MP Nkoidila ole Lankas owes Sh2 million and current Dadaab MP Farah Maalim owes Sh3 million.
Mr Maalim, a member of the chairpersons committee in the National Assembly, failed to overturn the 2017 election of former Garissa Township Aden Duale, who is now the Defense Cabinet secretary.
The commission is also after Kitui Governor Julius Malombe, who owes Sh2 million after unsuccessfully challenging then Governor Charity Ngilu in 201; former Mwingi North MP John Munuve, who is to pay Sh2 million for failing to unseat Paul Nzengu, and Migori Governor Ochilo Ayako who is to pay Sh3.7 million after losing his case against then governor Okoth Obado.
Current Baringo North MP Joseph Makilap owes Sh2 million, Eldama Ravine MP Musa Sirma Sh2 million followed a failed case against then area MP Moses Lessonet, and Lamu Governor Issa Timamy who is to pay Sh1.5 following a failed petition against Governor Fahim Twaha.
Samuel Kazungu Kambi, a commissioner with the National Land Commission (NLC), was billed Sh600,000 by the IEBC while Teso South MP Mary Emasse was billed Sh600,000 following a case against then area MP Geoffrey Omuse.
The costs the High Court awarded to the commission in 2013 include Sh3 million to be paid by former Provincial administrator Francis Bayah.
His petition was against the election of then Kilifi Governor Amason Kingi, who is now the Senate speaker.
Narok Senator Ledama ole Kina is expected to pay Sh3 million, and Kisumu West MP Ms Rozaar Akinyi Buyu Sh1.5 million for challenging the election of then area MP Olago Aluoch.
Former Kwanza MP Noah Wekesa is to pay Sh2 million after his failed petition against the then Trans Nzoia Governor Patrick Khaemba.
Machakos Governor Wavinya Ndeti owes Sh2 million for unsuccessfully challenging the election of then Machakos Governor while Basil Criticos owes Sh1.5 million and Makadara MP George Aladwa Sh2.7 million.
