Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer Marjan Hussein is staring at a possible jail term or a hefty fine after being found guilty of contempt of court.
In the development that unfolded on Wednesday, June 11, Hussein was convicted for failing to settle a Ksh200 million debt owed to a leading corporate communications company for services rendered during the 2017 General Election.
Following the conviction, the court directed him to appear for sentencing on Tuesday, September 30, 2025.
At the heart of it all is a dispute between IEBC and the company over unpaid dues related to media and communication services.
The company asserted that the IEBC owed them a substantial amount for strategic communication and integrated media campaign consultancy services rendered during the 2017 General Election.
A Nairobi court had initially ruled in the company’s favour, with Lady Justice Grace Ngenye in April 2021 ordering the IEBC to pay Ksh245,002,620.12. The matter escalated in June 2023 when Justice John Chigiti issued an order of mandamus compelling IEBC CEO Marjan Hussein to settle the sum of Ksh248,042,665.12, inclusive of accrued interest.
In its defence, the electoral commission claimed it had not received the requisite funds from the National Treasury to comply with the court’s order.
Despite this claim, the firm accused the IEBC of deliberately failing or refusing to honour the judgment, citing multiple demand letters and the absence of any appeal or application to set aside the decree.
The controversy also attracted scrutiny over procurement procedures, with allegations that the commission violated public procurement laws. Critics pointed to the failure to disclose the tender’s budget and the omission of a margin of preference for local firms.
Under Kenyan law, contempt of court is punishable by a six-month jail term or a fine of Ksh200,000 if the conviction is by a superior court. If found guilty by a subordinate court, the punishment may include a one-month jail term or a fine of up to Ksh250,000.
Yesterday, President William Ruto gazetted the new-look IEBC Commission headed by Erastus Ethekon. Despite CEO Marjan already being part of the body’s leadership group, it remains to be seen how his conviction will affect the operations of the new commission.
