Treasury should be fined for hindering IEBC, panel told
"Even after the procurement is done, the technology has to be tested in the presence of all stakeholders including the media and political parties and more time is consumed at that exercise."
A former Member of Parliament has proposed the introduction of a law that would make it a criminal offense for the National Treasury to delay the disbursement of funds designated for electoral activities.
During an interview for a position at the Independent Electoral and Boundaries Commission (IEBC), former Lafey MP Shabaan Ali pointed out that political interference has often led to funding delays, disrupting key operations at the commission, including voter registration exercises.
"Make it a law so that finances can be released in real-time or even two years before the election. If the Treasury doesn’t release the money in good time, we should give it a penalty," Ali was quoted saying by People Daily.
Ali, who served as an assistant minister in the Ministry of Local Government during President Mwai Kibaki’s administration, also suggested that the IEBC should receive funding directly from the Consolidated Fund.
He argued that this approach would reduce political interference, particularly from Parliament, which he said often delays the release of funds to the electoral commission.
Speaking before the selection panel, the former lawmaker noted that IEBC staff are frequently left with little to do as they wait for the Treasury to release the necessary funds—often at the last minute.
This, he warned, places immense pressure on the commission as it scrambles to make preparations for a general election within a limited timeframe.
"Some election logistics like voter registration and verification, and technology being used take a lot of time to be implemented. Due to public trust, it has to be procured from abroad, and it requires a long timeframe," he explained.
"Even after the procurement is done, the technology has to be tested in the presence of all stakeholders including the media and political parties and more time is consumed at that exercise."
Ali, a former legislator with 18 years of experience in Parliament, emphasized the need for the IEBC to regularly access data from the Registrar of Births and Deaths at the constituency level.
He said this would enable the commission to maintain a more accurate and up-to-date voter register.
Drawing from his background in a marginalized region, the former chairperson of the Northern Water Works Agency expressed concern that youth and persons living with disabilities often face discrimination when trying to register as voters, unlike other citizens.
Another applicant, Rashid Adan, recommended the formation of a dedicated committee to audit and verify the IEBC’s outstanding legal bills, which currently stand at Sh3.2 billion.
Speaking before the panel chaired by Nelson Makanda, Adan recounted how the election period often turns the commission into a lucrative opportunity for legal practitioners, leading to a surge in litigation-related expenses.
"Election petitions and the resulting legal battles have turned this into what lawyers refer to as a boom season," he noted.
"To address the growing debt, we need a committee to scrutinize and validate the legal fees, determining which claims are legitimate."
Adan emphasized that the IEBC should convene a stakeholders’ forum with all lawyers owed payments, with the goal of negotiating each verified debt.
He attributed the ballooning legal bills to poor budgeting practices, arguing that the commission should not be procuring services without secured funding in place.
The 36-year-old lawyer further recommended that the IEBC establish a clear contractual framework to govern its engagement with legal professionals, ensuring accountability and financial discipline moving forward.
"Such a contract will enable the commission to negotiate the legal fees in advance given that the lawyers’ fees are regulated by Advocates Remuneration Order. IEBC should also have in-house counsels to reduce the cost of outsourcing of legal services," he added.
Lamu Magistrate Israel Ruhu, who was the second senior judicial official to be interviewed after Naivasha's Abdulqadir Lorot, emphasized the need for comprehensive civic education, particularly in areas likely to be impacted by boundary review processes.