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Independent Electoral and Boundaries Commission (IEBC) is claiming over Sh400 million from sitting governors, MPs and former elected leaders that emanated from court awards in the 2013 and 2017 general elections.

Documents tabled by the Chief Executive Marjan Hussein Marjan when he appeared before the National Assembly’s Public Accounts Committee (PAC) that is considering the audited accounts of the commission for the 2020/21 financial showed that a total of 139 individuals owe the commission Sh403.42 million. Out of the Sh403.42 million, awards from the High Court and lower courts arising from the 2013 election amount to Sh99.77 and Sh 4.4million respectively while those from the High Court and lower courts in the 2017 election amounted to Sh267 million and Sh32.3 million.

Appearing before the MPs, Marjan said the commission has already put in place mechanisms to recover costs awarded in its favour. “The commission has on several occasions reminded the law firms acting on behalf of the commission of their obligations to recover and remit the costs awarded to the commission as per the instruction letters issued to them,” he said.

Marjan however regretted that the commission’s effort to recover the said monies has been hampered by the fact that taxation of costs in court takes long while recovery of costs is dependent on the successful securing of certificates from taxing officers in court followed by appropriate execution of proceedings. “The process of execution is lengthy, and the commission must obtain necessary documents from the court which include certificate of costs, warrants of attachment, warrant of arrests, among others to enable it to execute lawfully. Obtaining these documents requires time and funds and more often, the judgment debaters are afforded an opportunity in court to be heard, hence delaying the process,” added Marjan.

In a letter dated January 5, 2023 the commission told the committee that although they had directed various law firms to recover the said monies, the challenge in the recovery is because most of the lawyers are yet to be paid their fees as the commission has pending bills that are yet to settle. “The commission requires that the costs awarded in the various matters you handled be recovered and remitted promptly. This obligation is contained in the letters of instruction issued to yourselves. We instruct you to urgently submit the current true account of costs due and owing to the commission and in particular an indication of whether the costs have been recovered from the parties or not. You are required to immediately remit any amount that has been recovered to date. The submission of the accounts on costs and remittance of the amount recovered should be done within 21 days,” reads the letter.

Following the 2017 election petitions, the commission is yet to recover monies from various politicians including former Embu senator Lenny Kivuti who was required to pay Sh4.5 million after he challenged the election of former Embu Governor Martin Wambora and lost, former Rift Valley Provincial Commissioner Hassan Noor Hassan who was slapped with a Sh5 million costs after he unsuccessfully challenged the election of  former Governor Ali Roba,  former Petroleum Cabinet Secretary John Munyes who was to pay Sh2 million as costs after unsuccessfully challenging the election of former Turkana Governor and the current deputy State House Comptroller Joseph Nanok.

Lost petition

Others are former Ruaraka MP Elizabeth Ongoro who was billed Sh1.5 million after losing her election petition against Tom Kajwang, former Kitutu Masaba MP Walter Nyambati was required to pay Sh5 million after losing the petition he filed against the late Nyamira Governor John Nyagarama, the late Likoni MP Mwahima Masudi was to pay Sh1 million after losing his petition against the current MP Mishi Mboko while the late Gem MP Jakoyo Midiwo was to pay Sh1.5 million after losing his petition to current MP Elisha Odhiambo. Dadaab MP Farah Maalim was required to pay Sh3 million after he lost his election petition  to Défense CS Aden Duale who then had the Garissa Township seat , former Kitui Governor Dr Julius Malombe was billed Sh2 million after he lost to Charity Ngilu , former Mwingi North MP John Munuve was billed Sh2 million after he lost to Paul Nzengu, Migori Governor Ochilo Ayako was required to pay Sh3.7 million after he lost to former Governor Okoth Obado, the current Baringo North MP  Joseph Makilap was to pay Sh2 million, Former Narok South MP Nkoidila Ole Lankas was billed Sh2 million, Eldama Ravine MP Musa Sirma was to pay Sh2 million after he failed to unseat  Moses Lessonet, Governor Issa Timamy was billed Sh1.5 million after he failed to unseat Fahim Twaha, Samuel Kazungu Kambi who is a Commissioner in the National Lands Commission was required to pay Sh600,000 while Teso South MP Mary Emasse was billed Sh600,000 after she lost the petition to Geoffrey Omuse,

General election

The costs awarded to the commission in the 2013 general election that it is yet to recover include Sh 3million from former provincial administrator Francis Baya who lost his election petition to former Kilifi Governor and current Senate Speaker Amason Kingi and Narok Senator Ledama Ole Kina Sh3 million. Others are Kisumu West MP Roza Akinyi Buyu who was required to pay Sh1.5 million after she failed to unseat former MP Olago Aluoch, former Kwanza MP Dr Noah Wekesa was to pay Sh2 million after he failed to unseat former Trans Nzoia Governor Patrick Khaemba, Machakos Governor Wavinya Ndeti was to pay Sh2 million after she lost her petition against former Machakos governorship and the current Foreign Affairs Cabinet Secretary Alfred Mutua, Former Taveta MP Basil Criticos was to pay Sh1.5 million after losing his Dr Naomi Shabaan while  Makadara MP George Aladwa was to pay Sh2.7 million.