Kenya’s electoral agency is staring at a financial storm, just two years before the next general election.
The Independent Electoral and Boundaries Commission (IEBC) is grappling with unpaid bills amounting to Sh3.7 billion, much of it from legal fees incurred after the disputed 2022 vote. With limited funds and rising demands, fears are growing over whether the Commission can deliver a free, fair, and credible election in 2027.
Appearing before the Senate’s Justice and Legal Affairs Committee in Nairobi, IEBC Chief Executive Marjan Hussein laid out a troubling picture. “We are dealing with legal liabilities we cannot meet,” he said. “Some of us face contempt of court and risk jail simply for failing to pay.”
Of the total pending bills, Sh2.1 billion are tied to legal services, including Sh554 million stemming from the presidential election petition alone. A further Sh299 million is owed to the Postal Corporation of Kenya for election logistics. An additional Sh837 million remains unpaid for other goods and services.
The financial pressure, Marjan warned, is no longer abstract. “There are ongoing court cases,” he told senators. “Some awards total Sh441 million, and if we can’t pay, our assets may be auctioned.”
The Commission has managed to negotiate some bills, saving Sh642 million. But with more cases pending and legal fees mounting, the relief may be short-lived.
Budget Shortfalls as 2027 Looms
IEBC’s funding troubles come at a sensitive time. Preparations for the 2027 elections are already underway, with the agency projecting it will need Sh57.38 billion. That figure is a revision from the initial estimate of Sh61.7 billion, following talks with the National Treasury.
Yet there is a worrying gap between what is needed and what is available—especially for critical by-elections. The IEBC is expected to oversee 22 by-elections, including 15 for ward representatives. It needs Sh1.08 billion but has been allocated only Sh788 million.
Some of the by-election figures are staggering. The Baringo senatorial race alone will cost over Sh340 million. Others, like those in Banissa, Magarini, and Ugunja, require tens of millions each.
Legal Reforms in the Pipeline
Senator Hillary Sigei, who chairs the committee, said the crisis underscored the urgent need for comprehensive reform. “We must strengthen the law and institutions before 2027,” he told fellow lawmakers.
Sigei pointed to shortcomings in the 2022 polls and cited ongoing legislative efforts, including the IEBC Amendment Bill, the Referendum Bill, and the Political Party Primaries Bill. He also highlighted constitutional demands around gender balance, equality of vote, and representation of persons with disabilities as outlined in Article 81.
Other reforms have been tabled in the Senate, including amendments targeting electoral laws at both the national and county level.
Call for Transparency in Party Affairs
Anne Nderitu, Registrar of Political Parties, echoed the call for reform. Speaking to the same Senate committee, she said more needed to be done to curb political opportunism and backroom deals.
“Political parties must end the abuse of indirect nominations,” she said, arguing that party members—not party elites—should select candidates. She also urged her office to be given powers to publish coalition agreements in full, to avoid confusion and mistrust during campaigns.
Nderitu warned that the current legal framework allows elected leaders to switch parties in the final months before a general election, when no by-elections can be held. “This undermines voters' rights and erodes party discipline,” she said.
She proposed legal timelines for resolving party-related disputes, particularly on resignations and expulsions, to avoid drawn-out battles that weaken the electoral process.
Can IEBC Stay Afloat?
The coming months will test the Commission’s resilience. Marjan’s warning—of unpaid debts, looming jail terms, and the risk of asset seizures—is more than financial housekeeping. It is a direct threat to the integrity of Kenya’s next election.
If Parliament does not intervene quickly, the IEBC’s ability to conduct credible elections in 2027—already under pressure—may falter further.
As Senator Sigei put it: “We cannot afford to walk into another election cycle unprepared. The stakes are simply too high.”