Marjan's exit not enough: Opposition signals court showdown

Ndegwa Njiru, Advocate of the High Court has hinted that the United Opposition plans legal action against immediate former IEBC CEO Hussein Marjan following his resignation on Tuesday.

Njiru told Spice FM on Wednesday, February 4, that the case would target decisions Marjan made before the commission was fully reconstituted, which he claims were unlawful.

“After this, we are going for Marjan. He must be surcharged for executing functions not designated to him. The Office of the Director of Public Prosecutions (ODPP) should have directed the Inspector General to commence investigations against him,” said Njiru.

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“Unfortunately, ODPP is an extension of State House, and we don’t expect them to take action against the officer,” he added.

Central to the controversy is Marjan’s decision to extend Smartmatic International’s contract for supplying Kenya Integrated Elections Management System (KIEMS) kits used in electronic voting. The deal is set to end this year.

Yesterday, IEBC announced that it had parted ways with Marjan, who oversaw the 2017 and 2022 elections as head of the commission’s secretariat. The commission described the departure as mutually agreed but comes amid calls from opposition parties for internal reforms following recent talks with commissioners.

Earlier today, the commission’s chairperson Erastus Ethekon reiterated that Marjan’s exit was a mutually agreed separation between him and electoral agency, taken in the country’s “best interests.”

Opposition leaders, including Kalonzo Musyoka, Rigathi Gachagua, Martha Karua, Justin Muturi, and Eugene Wamalwa, accused Marjan of mismanaging the elections he oversaw, with both presidential contests ending at the Supreme Court due to outcome disputes.

Lawyer Njiru said the opposition intends to sustain pressure on IEBC to reverse some of Marjan’s decisions and called for a transparent process to appoint his successor.

“The IEBC now needs to tell us how they are going to announce and fill that position, the quality and caliber of the preferred candidate, and when this person will be hired,” said Njiru.

The opposition has also formed a technical committee of election, procurement, and governance experts to push for reforms.

“Committee members originate from parties affiliated with the United Opposition. We were given a contact person from IEBC with whom we are liaising to share our terms of reference and the way forward,” he added.

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Advocate of the High Court Ndegwa Njiru on Spice FM
. [Screengrab]

Ndegwa Njiru, Advocate of the High Court has hinted that the United Opposition plans legal action against immediate former IEBC CEO Hussein Marjan following
his resignation on Tuesday.

Njiru told Spice FM on Wednesday, February 4, that the case would target decisions Marjan made before the commission was fully reconstituted, which he claims were unlawful.
“After this, we are going for Marjan. He must be surcharged for executing functions not designated to him. The Office of the Director of Public Prosecutions (ODPP) should have directed the Inspector General to commence investigations against him,” said Njiru.

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“Unfortunately, ODPP is an extension of State House, and we don’t expect them to take action against the officer,” he added.
Central to the controversy is Marjan’s decision to extend Smartmatic International’s contract for supplying Kenya Integrated Elections Management System (KIEMS) kits used in electronic voting. The deal is set to end this year.

Yesterday, IEBC announced that it had parted ways with Marjan, who oversaw the 2017 and 2022 elections as head of the commission’s secretariat. The commission described the departure as mutually agreed but comes amid calls from opposition parties for internal reforms following recent talks with commissioners.
Earlier today, the commission’s chairperson Erastus Ethekon reiterated that Marjan’s exit was a mutually agreed separation between him and electoral agency, taken in the country’s “best interests.”

Opposition leaders, including Kalonzo Musyoka, Rigathi Gachagua, Martha Karua, Justin Muturi, and Eugene Wamalwa, accused Marjan of mismanaging the elections he oversaw, with both presidential contests ending at the Supreme Court due to outcome disputes.
Lawyer Njiru said the opposition intends to sustain pressure on IEBC to reverse some of Marjan’s decisions and called for a transparent process to appoint his successor.

“The IEBC now needs to tell us how they are going to announce and fill that position, the quality and caliber of the preferred candidate, and when this person will be hired,” said Njiru.

The opposition has also formed a technical committee of election, procurement, and governance experts to push for reforms.
“Committee members originate from parties affiliated with the United Opposition. We were given a contact person from IEBC with whom we are liaising to share our terms of reference and the way forward,” he added.
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