IEBC To Auction Properties Of Over 10 Politicians Who Lost Polls, Seeks To Recover KSh 400m

• IEBC was granted KSh 400 million in fees related to unsuccessful petitions submitted to contest the results of elections in 2013 and 2017
• The commission's CEO, Marjan Hussein, attributed the agency's failure to retrieve the money to the lengthy procedure of executing court orders
• Former provincial commissioner Hassan Noor Hassan owes the commission KSh 5 million after losing a petition against ex-Mandera governor Ali Roba

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The Independent Electoral and Boundaries Commission (IEBC) is set to auction properties of several politicians who lost elections.

Why Kenyan politicians owe IEBC

According to records presented before the Public Accounts Committee, as reported by Daily Nation, IEBC was granted KSh 400 million in fees related to unsuccessful petitions submitted to contest the results of elections in 2013 and 2017.

The politicians who lost election petitions in court vied for various seats, including the gubernatorial, MP, and Senate positions.

People Daily reported the funds consist of KSh 4.3 million from lower courts for 2013, KSh 99 million granted to the agency by the High Court in response to petitions filed following the 2013 election, and another KSh 32 million given by lower courts in relation to the 2017 poll.

IEBC CEO Marjan Hussein attributes the agency's failure to retrieve the money a decade later to the lengthy procedure of carrying out the court orders.

“We have employed a lot of effort in recovering the amounts, but it is not yielding the desired results. That is why we went the route of auctioneers on the advice of the attorney-general," Hussein said.

Which Kenyan politicians face auction?

Former provincial commissioner Hassan Noor Hassan, who owes the commission KSh 5 million for a petition against former Mandera governor and current senator Ali Roba, tops the commission's list of politicians in debt.

Others are former MP Walter Nyambati (KSh 5 million) and Leny Kivuti (KSh 4.5 million), who lost his bid to unseat Martin Wambora as governor of Embu.

Farah Maalim owes IEBC KSh 3 million after he lost his petition against former Garissa Township MP Aden Duale.

Also on the list are Josephat Nanok, Elizabeth Ongoro (KSh 1.5 million), the late Jakoyo Midiwo (KSh 1.5 million), and the late Likoni MP Masudi Mwahima (KSh 1 million).

How much did lawyers who represented IEBC earn?

In a separate story, Auditor General Nancy Gathungu disclosed that IEBC paid KSh 502.3 million to 28 law firms that represented it in the presidential election petition at the Supreme Court.

The lead counsel and assistant received a huge windfall of KSh 158.96 million, but the auditor did not mention their names.

In the 2022/2023 financial year, IEBC spent KSh 713.8 million on legal dues but failed to provide supporting documents.

Proofreading by Asher Omondi, current affairs journalist and copy editor at TUKO.co.ke.