A unified opposition front has delivered a scathing dossier to the electoral commission, exposing a litany of procurement irregularities just days before the unceremonious exit of CEO Hussein Marjan.

The timing of the revelation is as calculated as it is explosive. The dossier focuses on the extension of the multi-billion shilling contract with Smartmatic, the Venezuelan firm responsible for the Kenya Integrated Elections Management System (KIEMS). The opposition alleges that this critical contract was renewed in November 2024, a period when the Independent Electoral and Boundaries Commission (IEBC) was legally incapacitated, lacking a single commissioner to oversee or approve such a strategic decision.

The Vacuum of Power and Accountability

The core of the scandal lies in the governance vacuum. Following the retirement and resignation of the previous commissioners, the IEBC secretariat, led by Marjan, was left to run the show. The opposition's memo argues that the extension of the Smartmatic contract was a usurpation of power, as the law requires the plenary of commissioners to sanction major procurement decisions. By acting unilaterally, the secretariat allegedly exposed the taxpayer to billions in unauthorized expenditure.

The dossier, which was handed over during a tense meeting at Anniversary Towers, demands immediate answers and the prosecution of those involved. It paints a picture of a rogue secretariat operating without oversight, making binding commitments on behalf of the country that could compromise the integrity of the 2027 general election. The "mutual consent" departure of Marjan on February 3, 2026, is now being viewed through the lens of this scandal—a pre-emptive move to clear the house before the storm hits.

• The Smartmatic Connection: The Venezuelan firm has been at the center of Kenya's election technology controversies since 2022. The opposition questions why a contract that was set to expire was renewed in such opacity.
• Legal Jeopardy: Legal experts warn that if the contract was indeed signed without a commission in place, it is null and void ab initio. This could trigger a wave of litigation and financial penalties for the commission.

A Race Against Time for 2027

The implications of these allegations are dire for the preparation of the next general election. With the new commissioners now in office, their first order of business is cleaning up the mess left behind. They face the unenviable task of reviewing all contracts signed during the vacuum period and deciding whether to cancel, renegotiate, or uphold them. Canceling the Smartmatic deal could leave the country without an election technology provider, while keeping it legitimizes an alleged illegality.

The appointment of Moses Sunkuli as the acting CEO is a stop-gap measure, but it does little to address the systemic rot exposed by the dossier. The opposition has vowed to take the matter to court if the commission does not act within 14 days. This sets the stage for a protracted legal battle that could derail the election calendar.

As the dust settles on Marjan's exit, the focus remains on the "black box" of election procurement. The dossier has pried the lid open, and what is inside threatens to stain the credibility of the next election before the first ballot is even cast.