Kenya’s electoral credibility faces another storm. The Independent Electoral and Boundaries Commission (IEBC) Chief Executive Officer, Marjan Hussein, is now walking a tightrope after being convicted of contempt of court.
The charge stems from his failure to pay a corporate communications firm over Ksh200 million for services delivered during the 2017 General Election.
A court has ordered him to appear for sentencing on September 30, 2025. If found guilty, Marjan risks jail time or a stiff fine, casting a shadow over his leadership just as a new IEBC team is being ushered in.
Marjan Hussein at the Center of a Court Battle Over Unpaid Election Services
The trouble for Marjan Hussein began with a massive bill left unsettled after the 2017 General Election. A leading corporate communications company provided strategic media and communication services to the IEBC. But when it came time to pay, the commission failed to honor the contract.
A Nairobi court ruled in favor of the firm. In April 2021, Lady Justice Grace Ngenye ordered the IEBC to pay Ksh245 million. That figure later rose to Ksh248 million after interest accrued. Still, IEBC dragged its feet.
In June 2023, Justice John Chigiti issued an order of mandamus. It demanded Marjan Hussein personally ensure the payment was made. Yet two years later, no payment has been done. Instead, excuses flew. IEBC claimed it had not received money from the National Treasury.
But the firm argued otherwise. It said the IEBC neither appealed the judgment nor made any effort to set it aside. Worse still, IEBC ignored multiple demand letters. To the court, this was clear defiance. The law is also clear—ignoring a court order is contempt.
On June 11, 2025, the court convicted Marjan Hussein of contempt. He now faces a six-month jail term or a fine of Ksh200,000. That’s the penalty for contempt under Kenyan law when imposed by a superior court. His sentencing is scheduled for September.
Questions Over IEBC Procurement and Accountability
The case raises deeper concerns. Why didn’t IEBC settle the bill? And how did it contract services worth hundreds of millions without ensuring payment?
Critics argue this is a classic case of broken procurement systems. The firm alleges the commission broke public procurement laws. Among the issues raised: the contract lacked a disclosed budget. The firm also says IEBC didn’t offer any preference to local firms, another breach.
Such irregularities feed a larger narrative. IEBC, tasked with guarding Kenya’s democracy, often struggles with financial transparency. Millions were spent in 2017. Yet today, vendors remain unpaid. The excuse of a “broke treasury” cannot justify ignoring a court order for years.
IEBC’s image is once again tainted. This comes at a critical time. On June 10, 2025, President William Ruto gazetted the new-look IEBC Commission. The body is now headed by Erastus Ethekon. But Marjan remains part of the top leadership.
Marjan Hussein’s Role and the Future of IEBC Leadership
Marjan Hussein has been with the IEBC for years. He rose through the ranks, gaining the CEO seat and overseeing two general elections. But this case could alter his future. Legal experts say a conviction for contempt undermines his credibility. It could also complicate IEBC’s fresh start under Ethekon’s leadership.
There are wider implications too. IEBC needs funding to function. But if its own CEO is held in contempt over Ksh200 million, Parliament may be hesitant to approve new budget lines. Already, Kenyans are questioning how billions are managed by state bodies.
Observers say Marjan’s fate may set a precedent. No public officer should defy the law and expect to walk free. The judiciary’s firm stance sends a message—orders are not suggestions. Whether Marjan steps down or stays will test the commitment of the new commission to ethics and accountability.
Kenyans deserve an electoral body that not only counts votes but also honors its contracts and obeys the law. Marjan Hussein’s sentencing in September may determine whether IEBC moves forward with integrity—or sinks deeper into controversy.
