MPs Challenge IEBC’s Sh5 Billion Legal Fees.
Kenyan Members of Parliament (MPs) have voiced serious concerns regarding the Sh5 billion legal fees owed by the Independent Electoral and Boundaries Commission (IEBC). The staggering amount, which has raised eyebrows among legislators, relates to various election petitions and court judgments against the Commission. As the Public Accounts Committee (PAC) of the National Assembly scrutinizes the details, MPs are calling for transparency and accountability before any payments are made.
MPs Question the Justification for High Legal Costs
The hefty Sh5 billion legal fees owed by the IEBC have sparked intense debate among Kenyan MPs. The fees, incurred for legal representation in election petitions and other disputes, have been described as “obscene” by some legislators. Lugari MP Nabii Nabwera and Mathioya MP Dr. Edwin Mugo expressed their concerns, questioning whether the IEBC’s legal team lacked the competence or capacity to handle these cases internally, which would have significantly reduced costs.
Mr. Nabwera stated, “If I were the National Treasury Cabinet Secretary, I would hesitate to release such an amount for legal fees without a thorough review.” His sentiments were echoed by Dr. Mugo, who insisted on a report from the pending bills verification committee before any payments are made.
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The PAC members are particularly troubled by the sheer size of the legal fees, which amount to Sh4.9 billion, excluding an additional Sh163 million in outstanding judgments against the Commission. The MPs believe that these fees should be meticulously reviewed to ensure they are justified and in line with the advocate remuneration order, which provides a base but not a ceiling for legal fees. The need for transparency and accountability in this matter is crucial, given the significant financial implications for the national budget.
IEBC’s Defense and the Role of External Lawyers
In defense of the IEBC’s actions, CEO Marjan Hussein explained that the legal fees were in line with the advocate remuneration order and that the Commission had sought approval from the Office of the Attorney-General before hiring external lawyers. According to Mr. Marjan, the Attorney-General advised that the IEBC could not rely on state lawyers due to the complexity and volume of election petitions, particularly in the aftermath of the 2017 and 2022 general elections. These elections saw over 300 petitions filed in 2017, including one that nullified the presidential results, and 124 petitions in 2022, further justifying the need for external legal expertise.
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Mr. Marjan further revealed that the IEBC’s legal department, led by Director of Legal Affairs Chrispinus Owiye, consists of only four in-house lawyers. Given the scale of legal challenges, the Commission found it necessary to hire external law firms to handle the workload effectively.
Among the law firms awaiting payment are Cootow and Associates, which is owed Sh20.52 million, and Garane and Somane Advocates, owed Sh55.6 million. The decision to engage external lawyers was based on the need for specialized legal services that the Commission’s limited in-house team could not provide.
Key Takeaways
The controversy surrounding the IEBC’s Sh5 billion legal fees underscores the need for greater scrutiny and transparency in public spending. MPs have rightly called for a thorough review of these fees before any payments are made, questioning whether such high costs are justified.
The involvement of external lawyers was deemed necessary by the IEBC due to the complexity of election-related cases, but the process of managing these legal expenses requires careful oversight. As the PAC continues its investigation, the outcome will likely set a precedent for how similar issues are handled in the future, emphasizing the importance of accountability in public financial management.
MPs Challenge IEBC’s Sh5 Billion Legal Fees.
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