The High Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to pay a media marketing agency Sh248 million for services offered to the election management body ahead of the 2017 General Election.
Justice John Chigiti directed IEBC chief executive Marjan Hussein Marjan to pay Scanad Kenya Ltd the cash or be cited for contempt of court.
The debt arises from services provided to the commission in 2017 but remains unpaid.
Court documents show that IEBC tapped the firm to provide strategic communication, integrated media campaign and consultancy services to the electoral agency.
The parties signed the contract on July 27, 2017.
“The applicant has a legitimate expectation not only access but also enjoy the fruit of the judgement,” said Justice Chigiti, 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 on April 26, 2021.
Mr Singh said IEBC had previously said it could not pay the money because the Treasury had not allocated it funds and the commission has deliberately failed to pay the money despite numerous demands.
The court heard that the IEBC did not appeal the decision or challenged it. 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) 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.
