IEBC Chief Executive Officer Marjan Hussein Marjan in Nairobi on March 14.
The fate of at least six mini-polls are hanging in the balance as the Independent Electoral and Boundaries Commission (IEBC) grapples with a budget shortfall of over Sh292 million.
Further compounding the commission’s financial woes are pending bills amounting to Sh3.7 billion with the debts threatening to paralyse IEBC operations.
In submissions to the Senate Justice and Legal Affairs Committee, IEBC Chief Executive Officer Marjan Hussein Marjan said the fate of six vacant MP and MCA seats remains uncertain due to a lack of funds for conducting the necessary by-elections.
The six include Kasipul and Mbeere North constituencies and Chemundu/Kapng’etuny, Kariobangi North, Metkei and Nanam wards. The total cost for these by-elections stands at Sh215.84 million.
IEBC chairperson Erastus Edung Ethekon.
Mr Marjan told the committee chaired by Bomet Senator Hillary Sigei that the IEBC became aware of the new vacancies after submitting its budget estimates for the 2024/25 financial year to the National Treasury.
Kasipul Constituency fell vacant following the assassination of MP Ong’ondo Were in Nairobi last month while Mbeere North was left without a representative after Geoffrey Ruku was appointed as the Cabinet Secretary for Public Service, replacing the sacked Justin Muturi.
Public Service CS Geoffrey Kiringa Ruku.
Exacerbating the commission’s challenges is a deficit of Sh76.5 million for 16 other planned by-elections. The Treasury allocated Sh788 million against the Sh864.5 million the Commission had requested.
In total, IEBC is expected to oversee 22 by-elections comprising one Senate seat, six for Members of the National Assembly and 15 for Members of County Assembly (MCAs).
Vacancies include the Baringo Senate seat left open following the death of Senator William Cheptumo in February.
Former Baringo Senator William Cheptumo.
Other vacant seats include Banisa Constituency, following the death of MP Hassan Kullow in a road accident in March and Magarini Constituency, whose election was nullified by the Supreme Court on May 31, 2024.
Ugunja Constituency also became vacant after MP Opiyo Wandayi was elevated to Cabinet Secretary for Energy and Petroleum while Malava Constituency fell vacant following the death of MP Malulu Injendi.
Mr Marjan said the Baringo senatorial by-election will cost Sh343.6 million, Banisa Sh53.6 million, Magarini Sh71.6 million, Ugunja Sh54.3 million and Malava Sh67.8 million.
Ward-level by-elections to cost between Sh21 million and Sh32 million each include Nyasiongo, Fafi, Nyamaiya, Mumbuni, Kisa East, Lake Zone, Chewani, Angata Nanyokie, Narok Town, Tembelio and Purko.
“The commission had prepared a budget of Sh864.53 million for 16 by-elections. However, the six additional by-elections were announced after budget estimates had already been submitted to the National Treasury,” said Mr Marjan.
“The commission has been allocated Sh788 million which only covers the initial 16 by-elections and excludes the additional Sh215.85 million needed for the remaining six,” he added.
Although President William Ruto has already gazetted the names of new commissioners and chairperson, they are yet to be sworn in due to an ongoing court case challenging their appointments.
The last time IEBC conducted by-elections was in December 2022 following the General Election.
These included the Bungoma Senate race and five MCA contests in Ololmasani (Narok), Kyome/Thaana (Kitui), Utawala (Nairobi), Mumias North (Kakamega) and South Gem (Siaya).
Independent Electoral and Boundaries Commission (IEBC) nominees (from left) Erastus Edung Ethekon, Mary Karen Sorobit and Ann Njeri Nderitu.
The Bungoma by-election was held after Moses Wetang’ula resigned to become National Assembly Speaker.
However, even as IEBC navigates the by-elections crisis, preparations for the 2027 General Election are facing a shortfall of at least Sh7.2 billion.
Mr Marjan revealed that while the Commission had initially requested Sh61.7 billion, this was revised downward to Sh57.38 billion after Cabinet ordered budget rationalisation to cap the national deficit at 4.5percent of GDP.
“We are requesting this committee to consider reinstating Sh245 million for regular operations, Sh76 million for the 16 by-elections, Sh215.85 million for the additional six, and Sh3.9 billion for pre-election activities,” said Mr Marjan.
To make matters worse, the IEBC was not allocated any funds to clear its Sh3.79 billion in pending bills.
Sh2.1 billion legal fees
The bulk of this includes Sh2.1 billion in legal fees, Sh554 million of which stems from the 2022 Presidential Election petition, and Sh299 million owed to the Postal Corporation of Kenya for logistics and transportation services.
A further Sh837.6 million is owed to suppliers of election-related goods and services.
Mr Marjan noted that the commission has already negotiated down Sh642.6 million worth of legal bills. But still he warned that new legal fees could arise from ongoing court cases and the commission faces court-awarded costs of Sh441.1 million it cannot currently pay.
He added that he has personally been cited for contempt of court and risks being jailed for failing to comply with payment orders, due to the lack of funds.
“The commission’s assets are at risk of being auctioned to settle these court awards. The current allocation cannot cover the magnitude of these liabilities,” said Mr Marjan.
“If these pending bills are not paid, the commission’s ability to operate will be severely hampered including its capacity to conduct by-elections. We could also face fresh legal challenges, inflated fees, and withdrawal of supplier services,” he said.
Mr Marjan urged the Senate and Parliament to prioritise IEBC funding to ensure proper election preparedness.
“The success of elections does not rest solely on the commission. It requires adequate funding and coordinated engagement with stakeholders,” he said.
