IEBC cuts lawyers’ claims as Parliament questions Sh2.9 billion debt

The Independent Electoral and Boundaries Commission (IEBC) is moving to trim billions of shillings from its outstanding legal obligations after reaching agreements that will see lawyers who represented the agency in election disputes take cuts on their claims, a move that has now drawn sharp questions from Members of Parliament.

The issue emerged before the National Assembly Public Accounts Committee, where Commissioner Mary Karen Sorobit said the commission was implementing a plan to clear legal bills that had already been reviewed and approved by the Pending Bills Verification Committee.

According to the commission, the exercise will lower the amount owed from Sh4.2 billion to Sh2.9 billion.

Sorobit told the committee that some of the claims reviewed by the verification team chaired by former Auditor-General Edward Ouko had already been adjusted downward, while others would face even steeper reductions.

“Those who did not go to the verification committee will be reduced by 40 per cent,” Ms Sorobit said.

She explained that a portion of the outstanding claims dates back to periods before the current team of commissioners took office, but the commission still bears the responsibility of settling them.

“There are matters filed before and after elections, such as boundary delimitation,” she said.

The commissioner noted that the legal expenses arose from a wide range of court cases linked to electoral activities, both during and outside election periods.

Committee members, however, expressed concern over the scale of the legal bills, with some questioning whether the payments had become an avenue for excessive spending at the expense of taxpayers.

Turkana Central MP Joseph Emathe called on the commission to provide a complete breakdown of the lawyers and law firms owed the money, together with details of the cases they handled.

“This is just a cash cow. We need to know who these people owed these billions are,” Emathe said.

Teso South MP Mary Emaase also questioned why the commission continues to accumulate legal debts despite receiving legal costs from parties that lose election petitions.

“We pay a lot of money when we lose these election cases to IEBC. Why should IEBC have pending bills for legal fees?” Emaase said.

“I remember when I lost my election case, I even sold my land to pay the legal fees. Part of this money goes to IEBC, so why should it still have pending legal fee bills and every year demand money from the Exchequer?” she asked.

Rarieda MP Otiende Amolo said the matter had previously come before the Justice and Legal Affairs Committee, where lawmakers pushed back against the figures initially presented by the commission.

“We took two days negotiating with the lawyers to reduce the fees by 40 per cent. Going forward, any lawyer must be willing to standardise fees or leave,” Dr Amolo said.

The latest reduction marks another step in the commission’s effort to reconcile its legal liabilities. Earlier this year, during discussions on the supplementary budget, IEBC informed the Justice and Legal Affairs Committee that it had reduced the amount from Sh5.6 billion to Sh4.9 billion. The figure has now been cut further to Sh2.9 billion.

Records submitted to the Justice and Legal Affairs Committee during consideration of the 2026/27 Budget Policy Statement showed that legal costs linked to the General Election had reached Sh5.6 billion between the 2022/23 and 2024/25 financial years.

The committee questioned how the amount had grown to that level even though the period under review did not include a General Election.

In its submission, the commission warned that failure to clear the outstanding bills could affect its operations and place additional pressure on preparations for the next General Election.

“The commission notes that if these pending bills are not settled in time, they will not only result in an increase in the amount owed but also constrain its operations, including the conduct of the 2027 General Election,” the commission told MPs.

IEBC further noted that prolonged court battles could continue pushing up the amount owed, particularly in cases where legal fees are assessed above the original claims.

According to the Auditor-General’s report for the financial year ended June 2025, the commission received Sh3.8 billion for recurrent expenditure and did not receive any allocation for development projects.

During the same period, IEBC generated Sh1.3 billion in Appropriation-in-Aid through the sale of voter registers, electoral maps and the hiring of ballot boxes