IEBC ordered to pay marketing firm Ksh.248M for 2017 poll services

The Independent Electoral and Boundaries Commission (IEBC) has been compelled to pay over Ksh.248 million to Scanad Kenya Limited for services provided in 2007.

“An order of mandamus compelling the respondents Chief Executive Officer to pay the applicant the sum of Ksh.248,042,665.12 being the decretal amount together with interest at court rate from the date of award until payment in full," read court papers.

In default, the court ruled that IEBC CEO Marjan Hussein will have to show cause why he should not be cited for contempt.

The decretal sum emanates from services provided by the company to the commission in 2007.

A Nairobi court initially ruled in Scanad’s favour, with Lady Justice Grace Ngenye on April 26, 2021 ordering IEBC to pay the advertising agency a sum of Ksh.245,002,620.12.

The commission however, as stated by Scanad in its notice of motion, claimed it could not pay the sum as it had not been allocated the funds by the National Treasury.

Scanad went ahead to add that the electoral body has since, despite numerous demands, “deliberately failed, refused and or declined to satisfy the decree.”

“Further, the Respondent has not appealed against, or set aside the Decree or Certificate of Costs subject of the instant application and no attempt has been made to challenge the Court Order,” added court papers.

“The Certificate of Order for costs against the Government was duly served upon the Respondent on 6th October 2022 and due demand for payment of the amount made.”

Justice John Chigiti ruled that the commission has not yet given any satisfactory reason as to why it has not complied with the court order to pay Scanad.