IEBC on the spot over use of Sh1bn in poll petitions
Auditor-General Edward Ouko presents a social economic audit report of the country, before the National Assembly's Constitutional Implementation Oversight Committee on March 1, 2018. A report by his office has shown irregular payments to law firms by the electoral agency. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
- The IEBC had said that it owed Sh586 million to the legal team that represented it in the presidential election petition.
- Further, the IEBC has been accused of paying Sh328m to 30 law firms with no lawful contracts with them.
Auditor-General Edward Ouko has questioned a decision by the electoral commission to pay 68 lawyers who represented it in petitions related to the 2013 General Election Sh1 billion more than they were initially owed.
In his latest report, Mr Ouko says that the Independent Electoral and Boundaries Commission had in 2014 said that it owed the advocates Sh1 billion, but a scrutiny of the fees showed that the lawyers had been paid Sh2.14 billion.
“The commission has not provided documentary evidence of cases represented and payments thereof to justify and support payments in excess of recorded pending bills,” Mr Ouko says in the audit report, which was submitted to Parliament two weeks ago, but is yet to be tabled.
As at June 30, 2013, when the commission was answering audit queries related to the 2012/2013 financial year, the IEBC had said that it owed Sh586 million to the legal team that represented it in the presidential election petition.
LEGAL FEES
The commission also said it owed Sh486 million to lawyers who were arguing its case in the other 188 petitions filed countrywide.
This totals to the Sh1,054,889,115 that the IEBC had listed as pending bills on June 2013, raising questions as to how the figure rose to Sh2 billion that the lawyers were finally paid.
Mr Ouko also questioned why the commission failed to get prior approval or concurrence from the Attorney-General before the procurement and payment of the private legal services.
The auditor also established that letters of instructions to the lawyers were signed and owned by the director of legal services and not on behalf of the commission, contrary to the law and the IEBC’s human resources manual.
Further, the IEBC has been accused of paying Sh328m to 30 law firms with no lawful contracts with them, and paying Sh17m to five others not pre-qualified.
