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Electoral agency owes Sh3.8 billion in legal fees, House committee told

Electoral agency owes Sh3.8 billion in legal fees, House committee told
IEBC chief executive Marjan Hussein Marjan when he appeared before the National Assembly’s Public Accounts Committee on Monday, April 3, 2023. PD/KENNA CLAUDE
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MPs yesterday sought to know how the Independent Electoral and Boundaries Commission (IEBC) picked law firms to represent it in various cases after it emerged that a significant part of the agency’s pending bills are legal fees.

The Public Accounts Committee (PAC) chaired by nominated MP John Mbadi raised concerns that out of the 148 pre-qualified law firms, only about five have been given jobs by the commission.

Documents tabled before the committee by IEBC chief executive Marjan Hussein Marjan shows that of the Sh4.4 billion pending bills, legal fees account for Sh3.8 billion, representing 85 per cent of the bills.

The report also shows that the commission spent Sh52 million on administration of oaths of secrecy on Presiding Officers, Deputy Presiding Officers and clerks in the 2022 General Election.

“As at March 2023, the commission’s outstanding bills amounted to Sh4,4393 558,052. The budgetary allocations in any non-election year is limited and mainly consists of operations and maintenance expenditure. Therefore, pending bills cannot be absorbed as the first charge. A large portion of the pending bills is legal fees amounting to Sh3.8 billion,” the report says. Committee members raised questions about the legal fees.

“The legal fees in IEBC look curious. They seem not to be ending, it’s as if it’s mutating, we need to understand how to manage this figure,” said Mbadi.

Funyula MP Wilberforce Oundo demanded to know why the commission does not use legal officers from the Attorney General’s office.

In response, Marjan told MPs that the issue of pending bills had been a huge problem to the commission.

“I have written so many letters to the National Treasury to provide funding but they have not. In this election we did not get any money for this. I have been sued to bear the cost, this is a very serious matter. We need money,” said Marjan.

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