Independent Electoral and Boundaries Commission demands over Sh2.5 billion to pay lawyers, conduct by-elections

By ROSELYNE OBALA

Kenya: The Independent Electoral and Boundaries Commission (IEBC) paid its lawyers Sh26 million daily to defend it during the 14-day presidential petition hearing.

Commission chairman Ahmed Issack Hassan yesterday told the Committee on Justice and Legal affairs that it owes lawyers who represented it in the petition a total of Sh364 million.

Hassan told the committee that the lawyers in the boundaries delimitation cases are also owed Sh390 million.

Lawyers Mohammed Nyaoga, Ken Nyamodi, Nani Mungai, Kamau Karoli and a Mr Kisule, represented the commission, while Ahmednassir Abdullahi represented Hassan who was the returning officer for the presidential elections.

Others who made representations on behalf of IEBC included Ms Lucy Kambuni and more said to have been carrying out research work and running through the thousands of pages of exhibits and other evidence that was presented by petitioner former Prime Minister Raila Odinga.

The Supreme Court ruled that IEBC conducted the election in free and fair manner after its lawyers made a spirited defence against claims by Raila’s defence team led by George Oraro that the tallying process was flawed and results manipulated in favour of the winner.

Justice Dr Willy Mutunga, the Chief Justice, said Mr Kenyatta and William Ruto, now the deputy president, had been “validly elected” and the election had been “free, fair, transparent and credible”.

Yesterday, Hassan said: “The commission will require Sh2.5billion to conduct by-elections, legal fees for 180 petitions and to facilitate registration of Diaspora voters.”

At the same time, IEBC chairman revealed that the commission had incurred pending bills worth Sh4 billion and had sought the Treasury’s approval to get the money to pay suppliers.

Hassan put in the requirement when he appeared before the committee at Parliament buildings, when he explained that there need for the commission to have its own building. “We want Sh800million to buy an exclusive office block, which will enable IEBC to end its tenancy at Nairobi’s Anniversary Towers, which costs Sh48 million in annual rent,” explained the chairman.

Publicity funds

Hassan told the MPs that the commission needed to move because their current address was congested and fraught with security vulnerabilities. He at the same time told the committee that Treasury had slashed the commission’s request of Sh6.6 billion to Sh4 billion.

IEBC now wants Parliament to prevail upon the matter.

He noted that since the House has the final say on the budget, the legislators would factor in the proposal before the Appropriations Bill is published.

Even as the chair made his request, he did not give the specific amount to be used in the Makueni by-election slated for July 22.

Hassan instead stated that the Treasury had ordered it not to budget for by-elections, but to put in requests for money as soon as there was need for one. He further disclosed that the “cost of compliance” with other laws put the commission Sh249 million into the deficit.

“There’s a bill of Sh469 million that the IEBC used for “publicity and awareness”,” he stated.

On his part Chief Executive, Mr James Oswago recalled how they unsuccessfully appealed to the Treasury for more funds to conduct the polls.

“As we approached the March 4 polls, it became clearer that the commission’s budget would not be enough to cater for the General Election,” said Oswago.

The CEO noted that they have been unable to even pay some of their personnel, including the clerks who helped handle the elections.

But after intense pressure to give the committee their assurance to clear the bills he promised to pay the clerks as soon as the Treasury released the money.

Other debts of the commission include Sh393 million for polling station security and also the security of tallying centre, which cost Sh393 million.

IEBC further asked the committee to push for an allocation of Sh150 million to insure the biometric voter-registration kits and the electronic voter identification kit.  However the committee chairman Samuel Chepkong’a urged the commission to rationalise its budget and put in requests to the Government if it really wanted to save.

He advised IEBC to approach President Uhuru and see if the commission can be secured a place at Jogoo House, the office that housed former Vice President Kalonzo Musyoka.

Hassan disclosed that they had already put in a request for a meeting with the President, and hoped to raise the matter with him. The IEBC officials found themselves on the receiving end when the committee sought to know why their budget appeared to be higher, yet, it was a relatively quiet period regarding elections.