The Independent Electoral and Boundaries Commission (IEBC) has introduced a cap set on legal fees payable to its lawyers that will save taxpayers billions of shillings.
The lawyers who handled petitions touching on gubernatorial and woman representative elections will earn a maximum of Sh3 million, plus 16 percent tax (all inclusive).
Those representing cases on MPs were capped at Sh2 million, while those for Members of County Assembly (MCAs) were put at Sh700,000.
IEBC is likely to use the money collected from the awards given by the courts to settle cases lost and lawyers’ legal fees.
[caption caption="IEBC Lawyer Kamau Karori"]
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In previous years, the commission spent billions of shillings in legal fees, this time the taxpayers will pay less than the Sh10.5 billion spent in the 2013 cases.
This is after Chief Justice David Maraga came up with rules that gave judges powers to control awards.
Under the Election Petition Rules 2017 published by the CJ before the polls, Maraga stated that the election court may, at the conclusion of a petition, make an order specifying the total or maximum amount of cost payable.
The rules further stated that the election court had powers not to award costs or impose the burden of payment on the party that may have caused unnecessary expense.
Maraga, set the cap to save litigants from getting slapped with high costs in election petitions.
[caption caption="CJ David Maraga"]
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The highest award in the country’s history was slapped on Kanu Secretary General Nick Salat in 2013 where he was ordered to pay Sh70 million to former Bomet Senator Wilfred Lesan.
