IEBC Sounds Alarm Over Sh3.8 Billion Legal Debt, Warns MPs of Threat to Election Dispute Resolution

The Independent Electoral and Boundaries Commission (IEBC) has issued a stark warning to Members of Parliament, urging them to clear Sh3.8 billion in outstanding legal fees or risk crippling its ability to resolve election disputes ahead of the 2027 general election. The financial emergency linked to the electoral body, which began more than ten years ago, was shown in an appeal that Parliament received on Tuesday.

IEBC Chairperson Erastus Ethekon explained to lawmakers during a heated meeting that the unpaid legal bills represent only one part of the total Sh4.987 billion, which includes all pending election expenses that have created operational difficulties for the commission. The small in-house legal team of IEBC, which consists of four lawyers, has become overloaded with legal matters that exceed its capacity to handle, which has caused the commission to depend more on expensive outside legal services.

The last general election cycle saw IEBC expend Sh1.94 billion to obtain legal services, which included Sh569 million spent to defend the presidential petition against then-Azimio la Umoja candidate Raila Odinga. The commission also paid significant sums in defending county and parliamentary election disputes across Kenya.

Ethekon warned MPs that failure to settle the verified bills would jeopardize IEBC’s constitutional mandate to handle election disputes effectively, potentially dragging out litigation and breeding uncertainty in the electoral process. The chairperson described adequate funding not as routine expenditure but as a strategic investment in democratic stability and electoral credibility.

The commission has submitted its pending claims to the Pending Bills Verification Committee, which Edward Ouko, the former Auditor‑General, oversees and which has approved only a small portion of the total claims for payment. Ethekon pointed out that suppliers and legal firms now display growing reluctance to work with IEBC because they fear payment delays and increasing operational expenses.

Parliamentarians were urged to fast‑track the release of funds and approve pending electoral legislation crucial for legal reforms, including the Election Campaign Financing Law, to ensure IEBC is better resourced and prepared for the looming electoral cycle.

The financial impasse creates added stress for the electoral body during its most important period because stakeholders warn that unresolved legal debt will cause delays and decrease public trust in the 2027 polls.

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