IEBC CEO Marjan found in contempt over Ksh 200 Million debt

The High Court has found IEBC CEO Marjan Hussein Marjan guilty of contempt for failing to settle a Ksh 200 million debt owed to WPP Scangroup, a matter that now highlights broader concerns about institutional compliance with court orders.

Justice Roselyne Aburili ruled that Marjan deliberately ignored a 2021 court order directing IEBC to pay Scanad Africa, a subsidiary of WPP Scangroup, Ksh 245 million for strategic communication and media services rendered during the 2017 General Election. IEBC only made a partial payment of Ksh 50 million in December 2023, leaving the balance unsettled.

Legal experts argue that this case underscores institutional accountability and the obligation of government agencies to uphold judicial directives. Justice Aburili criticized IEBC’s failure to budget for the outstanding balance, calling the decision “deliberate and unjustified.” She directed Marjan to appear on September 30, 2025, for mitigation and possible sentencing.

Marjan defended IEBC’s actions, stating that the commission classified the amount as a pending bill and sought direction from the National Treasury. However, the court dismissed the defense, citing a lack of concrete efforts to comply with the ruling. Justice Aburili emphasized, “Public entities must not violate the rights of others by failing to honor financial obligations.”

The ruling raises concerns about how public institutions handle financial commitments and obey court orders. Critics question why IEBC procured services without securing funds and why it continued to operate without resolving legal disputes.

Under Kenyan law, contempt of court carries a six-month jail term or a fine of Ksh 200,000 in a superior court. Convictions in subordinate courts result in a one-month sentence or a fine of Ksh 250,000.

Meanwhile, President William Ruto recently appointed a restructured IEBC Commission, chaired by Erastus Ethekon, but uncertainty remains over the case’s impact on the commission’s operations.

Legal analysts argue that the court’s ruling reinforces the need for institutional transparency and compliance with judicial directives. “This case sets a precedent for holding public officials accountable for financial management and legal obligations,” said constitutional lawyer Mark Omondi.

With Marjan’s sentencing set for September, the controversy surrounding the debt continues to fuel debate over IEBC’s financial governance and adherence to legal frameworks.