IEBC CEO Marjan found guilty of contempt over Sh200million publicity debt
The Chief Executive Officer (CEO) of the Independent Electoral and Boundaries Commission (IEBC) Marjan Hussein Marjan has been found guilty of contempt of court for failing to pay a Sh200million debt owed to advertising firm WPP Scangroup, stemming from services rendered during the 2017 General Election.
Justice Roselyne Aburili ruled that Marjan willfully disobeyed a 2021 court order requiring the IEBC to pay Sh248million to Scanad Africa, a subsidiary of WPP Scangroup, for strategic communication and media services provided ahead of the polls.
Justice Roselyne Aburili directed Marjan to appear before her on September 30, 2025 for mitigation and sentencing.
The judge noted that the commission and Marjan did not deny that he has a public duty to settle the amount.
Although the commission acknowledged the debt and paid Sh50million in December 2023, the court found the failure to budget for the remaining amount was both deliberate and unjustified.
“The applicant (Scanad) has established to the required standard that the CEO (Marjan) is in contempt of court order and is hereby found guilty of contempt of court. He is directed to appear in court for mitigation and show cause why the court should not punish him as provided for in law,” said the judge.
In his defense, Marjan argued that the commission had categorized the debt as a pending bill and had requested direction and funding from the National Treasury. However, the court noted that no evidence was presented to demonstrate any concrete steps taken to comply with the court’s directive.
Court documents show that the firm was tapped to provide strategic communication and integrated media campaign and consultancy services to the electoral body.
The contract was signed between the parties on July 27, 2017 setting out the rights and obligations of each party.
Scanad later obtained a judgment of Sh245million inclusive of value added tax and costs of the suit against IEBC on April 26, 2021.
Marjan has stated that the commission sought advice from Treasury and the money was considered a pending bill, and therefore directed to settle the amount within its annual budgetary allocation.
He said the commission had made efforts and paid the Sh50million in December 2023 and the failure to clear the balance was not arbitrary or unreasonable.
Justice Aburili, however, said there was evidence that the commission had allocated any money in its annual budget, for the settlement of the debt.
The judge said it was troubling for the commission, which is in the process of preparing for the next election, not to pay suppliers.
The court said disobedience of court orders demean the integrity and dignity of the court. Justice Aburili added that once a court is made, the same is valid unless it is reviewed or discharged.
“Disobedience of court orders is a grave matter. It invites breakdown of the law and in the end, resulting erosion of confidence in court process and leads to anarchy,” said the judge.
Justice Aburili said if there are no funds towards settling for services, a public entity should not procure such services.
“A public entity should not be found to be violating the rights of others,” added the judge.
