CONFUSION

I owe IEBC no cent, I paid full amount to their lawyer— Makilap

Lawyer confirms receiving Sh2m, says he is clinging to payment until poll agency pays his fees

In Summary
  • Makilap told the Star on Thursday that he settled the amount with the lawyer.
  • When contacted , Tororei confirmed receiving Sh2 million from Makilap as a settlement for the IEBC costs.
Baringo North MP Joseph Makilap at Kukui, Baringo North, on Saturday, February 17, 2024.
Baringo North MP Joseph Makilap at Kukui, Baringo North, on Saturday, February 17, 2024.
Image: FILE

Baringo North MP Joseph Makilap maybe a victim of the standoff between IEBC and its lawyers over fees arrears, the Star has established.

The MP was among bigwigs featured in the Star’s publication detailed as facing auction over unpaid lawsuit debts.

It has since been established that the lawmaker settled his dues in 2018 with Eldoret-based lawyer Nathan Tororei.

Makilap told the Star on Thursday that he settled the amount with the lawyer. “I owe zero cent to the IEBC. I have paid the amount in full,” the MP said.

The lawmaker said he had proof of payment in form of receipts from the lawyer, and that the Independent Electoral and Boundaries Commission should take the necessary steps to get the money from its lawyer.

“I paid all the legal costs in the case. I didn’t owe the IEBC any cent by the time we went for the 2022 elections. IEBC should speak to their lawyer,” Makilap said.

When contacted, Tororei confirmed receiving Sh2 million from Makilap as a settlement for the IEBC costs.

He said it was he who was yet to pay the IEBC as the latter owed him in fees for his services.

“The MP paid substantially. There is some fees which the IEBC has not paid me. I am waiting for them to clear so that I also remit from my end (Makilap’s money),” Tororei said.

The events cast a spotlight on IEBC’s challenges with settling debts owed to law firms which amount to hundreds of millions.

IEBC owes its lawyers to the tune of Sh1.9 billion, an amount it has had challenges raising, worse off with the recent budget cuts.

The polls agency owes Sh56 million to lawyers who handled governor election petitions and Sh9.2 million for Senate petitions.

An outstanding Sh147.5 million is in respect to cases involving members of National Assembly and Sh13.9 million for petitions against three Woman Representatives.

The commission also spent Sh113.9 million to hire lawyers against the 79 petitions filed against MCAs, summing up to the Sh1.9 billion incurred in the 2022 election alone.

The agency is set to unleash auctioneers on prominent political leaders to recover over Sh400 million court awards.

IEBC chief executive officer Hussein Marjan told Parliament the auctioneers would be hired by the end of next week.

Documents tabled before the Public Accounts Committee shows that the court awards amount to Sh403 million and remains unpaid to date.

Sh104 million arises from suits against the IEBC in 2013 while Sh299 million is pending from the 2017 election petitions.

Marjan said the auctioneers to be hired would take 1.5 per cent of what they collect, saying that going back to court was not an option.

WATCH: The latest videos from the Star