MPs term Sh5bn IEBC legal fees 'obscene', raise queries
IEBC Chief Executive Officer Marjan Hussein Marjan while appearing before the Public Accounts Committee in the past.
What you need to know:
- IEBC boss Marjan Hussein tells Public Accounts Committee that the legal fees are in line with the advocate remuneration order which "gives the base and not a ceiling.”
- He defended the hefty legal bill, saying hiring of external lawyers to represent the Commission in election petitions was approved by the Office of the Attorney-General.
MPs have raised concerns about Sh4.9 billion that the electoral commission owes to some law firms for representation in various election-related petitions and court judgments made against the agency.
This is even as Independent Electoral and Boundaries Commission (IEBC) CEO Marjan Hussein told the Public Accounts Committee (PAC) of the National Assembly that the legal fees are in line with the advocate remuneration order “which gives the base but not ceiling.”
The Sh4.9 billion owed to various law firms in pending bills as at June 30, 2024, relates to election petitions, dispute resolution complaints on candidates’ registration and for administration of oaths.
Other than the billions owed to the law firms, there is also Sh163 million in outstanding judgments and costs awarded against the Commission.
PAC members Nabii Nabwera (Lugari) and Dr Edwin Mugo (Mathioya) termed the amount owed to lawyers as obscene, noting that the pending bills verification committee should cross-check them before payment.
“If I was the National Treasury Cabinet Secretary and I am told to release the money to pay lawyers, I would develop cold feet,” said Mr Nabwera.
He added: “Is it a question of competence or capacity that makes us incur such huge sums in legal fees? What is the justification?”
Dr Mugo agreed, adding: “We need the report of the pending bills verification committee before these funds are released to the law firms hired by IEBC.”
However, Mr Marjan defended the hefty legal bill, saying the hiring of external lawyers to represent the Commission in election petitions was approved by the Office of the Attorney-General, noting that “there is no way our legal team would have handled this.”
“The Commission sought an advisory from the Attorney-General and he said that the IEBC cannot engage advocates resident at the State Law Office. He said that the commission formulates its own rules for the hiring of external lawyers,” Mr Marjan told the MPs.
Mr Marjan revealed that the commission has four active in-house lawyers headed by Mr Chrispinus Owiye, the director of legal affairs.
In the aftermath of the 2017 general elections at least 301 election petitions, including a presidential election petition that nullified the poll results, were filed.
In 2022, the commission faced 124 election petitions including an unsuccessful presidential election petition.
Some of the law firms that are owed by IEBC include Cootow and Associates (Sh20.52 million), Mukele Moni and Company Advocates (Sh17.2 million each for the five petitions filed in Nairobi), Garane and Somane Advocates (Sh55.6 million) and Kimani Muhoro and Company Advocates (Sh12.8 million).
There's also Lubullelah and Associates (Sh8.5 million), AB Patel and Patel Advocates (Sh5.5 million each for five cases) and Kimani Muhoro and Company Advocates (Sh8.4 million).
