MPs move to cut IEBC costs, calls for in-house lawyers for election petitions
In a report presented to the National Assembly, JLAC highlighted that apart from legal fees, the pending payments include Sh0.36 billion owed to the Postal Corporation for election logistics and Sh0.92 billion in other outstanding bills.
Lawmakers have urged the Independent Electoral and Boundaries Commission (IEBC) to set standardised fees for legal services after revelations that legal bills make up Sh2.7 billion of the Sh3.95 billion in pending payments.
The Justice and Legal Affairs Committee (JLAC), led by Tharaka MP George Murugara, recommended the commission review its legal fees and consider using in-house lawyers for some election petitions to reduce costs.
In a report presented to the National Assembly, the committee highlighted that apart from legal fees, the pending payments include Sh0.36 billion owed to the Postal Corporation for election logistics and Sh0.92 billion in other outstanding bills.
“This committee therefore recommends that the commission standardize the fees charged by the law firms and engage in-house lawyers to undertake some of the petitions to cut down on cost,” the report reads.
The panel also called on the IEBC to submit primary documents supporting the pending bills, particularly legal fees, to help determine if the Auditor General, Nancy Gathungu, should carry out a special audit.
“The committee cognizant of its oversight mandate, has also directed the commission to submit before the committee primary documents in support of the pending bill,s especially on the legal bills for consideration and scrutiny to ascertain whether the Auditor General should undertake a special audit,” the report adds.
Lawmakers expressed concern that the commission conducts some of the costliest elections in the world.
The IEBC attributes the high expenditure to factors such as election result transmission, court rulings requiring ballot reprints, foreign exchange losses, and emergency airlifting of essential election materials and staff.
Despite this, the commission plans to spend Sh61.7 billion on the 2027 General Election, to be funded over three fiscal years.
Sh15.3 billion is allocated for pre-election activities in 2025/2026, Sh25.4 billion for 2026/2027, and Sh21 billion for 2027/2028.
For comparison, the 2017 General Election cost Sh49.9 billion, including Sh3.8 billion for security during the polls and primaries.
The JLAC report notes that the IEBC’s gross approved estimates for the 2023/2024 financial year stood at Sh4.69 billion for recurrent expenditure.
The budget covered Sh2.15 billion for unspecified costs, Sh10.765 billion for acquisition of non-financial assets, and Sh27.383 million for social benefits.
The move comes as the commission prepares to spend nearly Sh1 billion on 23 pending by-elections.
These include six National Assembly seats, one Senate seat, and 16 Member of County Assembly positions.
Vacant seats include those of former Baringo Senator William Cheptumo, former Ugunja MP Opiyo Wandayi, former Kasipul MP Ong’ondo Were, former Banisa MP Hassan Maalim, and former Malava MP Malulu Injendi Injendi, all of whom passed away or vacated their positions for various reasons.
