DNK International By Our Reporter,Naivasha.
Lawmakers were left surprised after the Independent Electoral and Boundaries Commission (IEBC) disclosed that it has outstanding legal fees amounting to Sh3.8 billion, some of which date back to 2013 when the electoral body first began engaging external lawyers to defend election-related cases.
In documents submitted to Members of Parliament, the commission said the unpaid bills have already been forwarded to the Pending Bills Verification Committee for guidance on settlement.
However, the long-standing obligations have negatively affected its operations, leading to supplier reluctance, inflated procurement costs, erosion of institutional credibility, reduced operational flexibility and compromised financial independence, contrary to constitutional expectations.
The Pending Bills Verification Committee has so far received claims amounting to Sh606 billion, out of which Sh255 billion has been recommended for payment.
IEBC chairperson Erustus Ethekon appealed to Parliament to facilitate the expeditious settlement of verified pending bills and support the progressive closure of the commission’s 2027 funding gap.
Addressing MPs during the 2026 National Assembly legislative retreat in Naivasha, Ethekon emphasized that adequate, timely and predictable funding for the commission should be treated as a strategic investment in national stability and democratic continuity.
He warned that unresolved legal bills directly undermine the commission’s ability to effectively deliver its constitutional mandate.
Ethekon explained that the ballooning legal costs stem from the high number of election related petitions filed after every general election, forcing the commission to rely heavily on external legal counsel.
The commission handles more than 100 election disputes per election cycle, yet has only four in-house lawyers, making it impossible to adequately defend itself without external support.
He noted that the petitions arise from party primaries, parliamentary contests, gubernatorial races and presidential elections.
He further revealed that insufficient budgetary allocations have delayed critical post election legal reforms, despite recommendations that such reforms be completed at least two years before a general election.
According to Ethekon, the commission has unpaid, audited legal fees exceeding Sh3.8 billion from 2013 to date, constraining its ability to engage external counsel for election petitions and disputes.
He added that in some cases, the Attorney General has taken positions divergent from the commission, limiting effective legal representation.
The financial burden was particularly pronounced during the 2022 General Election, when IEBC spent Sh1.94 billion on legal representation alone.
This included Sh569.3 million paid to 38 lawyers who defended the commission in the presidential petition filed by Azimio La Umoja leader Raila Odinga, who unsuccessfully challenged the election of President William Ruto at the Supreme Court.
In gubernatorial disputes, the commission spent Sh56 million defending 12 petitions in counties including Kirinyaga, Narok, Garissa, Malindi, Mombasa, Kajiado, Tana River, Nyamira, Busia, Homa Bay and Makueni. Additional legal expenses included Sh9.3 million for Senate petitions, Sh13.9 million for Woman Representative petitions, another Sh13.9 million for Members of County Assembly disputes and Sh146.2 million for party list petitions.
Ethekon urged Parliament to adequately fund the commission and fast-track consideration of pending electoral laws, including the enactment of an election campaign financing law to strengthen electoral governance and allow the commission to fully implement it.
At the same time, the IEBC announced that an enhanced mass voter registration exercise will begin on March 29, 2026, and will be conducted in 27,000 registration centres nationwide.
Continuous voter registration began on September 29, 2025, and the upcoming ward-based registration drive aims to expand the voter register from 22.1 million to approximately 27.4 million voters.
Ethekon said the commission has adopted a cycle-based approach to election preparedness, informed by lessons from the 2022 General Election and subsequent by-elections.
[DNK-International@January 29,
