Electoral Body To Pay Marketing Firm Sh248M For 2017 Poll Services
IEBC CEO MARJAN HUSSEIN
By Our Correspondent
Worth Noting:
- 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, declined to act on the orders stating that the National Treasury had not allocated them the money.
- The firm further avers that despite numerous demands, IEBC had deliberately failed, refused and declined to satisfy the decree.
- 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.
The Independent Electoral and Boundaries Commission (IEBC) has been ordered to pay over Sh248 million to a marketing firm; Scanad Kenya Limited, for services it provided in 2017.
“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 Chief Executive Officer (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 2017.
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, declined to act on the orders stating that the National Treasury had not allocated them the money.
The firm further avers that despite numerous demands, IEBC had deliberately failed, refused and declined to satisfy the decree.
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.
Court documents show that IEBC tapped the firm to provide strategic communication, integrated media campaign and consultancy services to the electoral agency through a contract that both parties signed on July 27, 2017.
“The applicant has a legitimate expectation not only access but also enjoy the fruit of the judgement,” said Justice Chigiti in his ruling, further adding that Fair Administrative Action Act shall remain a dead letter unless the electoral body and indeed all judgment debtors settle the decrees.
Through lawyer James Gitau Singh, the firm said the High Court entered a judgment of Sh245 million inclusive of value-added tax and costs of the suit against IEBC more than two years ago.
The judge said the polls agency did not file any responses and in that case, the matter was not opposed.
Quoting previous decisions, the judge said where a public office declines to perform the duty after issuance of an order compelling them to fulfil an obligation, the action amounts to insubordination and contempt of court hence action may perfectly be commenced to have cited for such.
In her ruling in April 2021, Justice Grace Ngenye (now a Court of Appeal judge) who first handled the matter said there was no doubt the parties entered into the contract for the provision of strategic communication and integrated media campaign consultancy services.
The judge added that rejections of the existence of the contract by the electoral body were mere denials.
Additional reporting by Agencies
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