IEBC Defends Actions Amid Ol Kalou By-Election Code Breaches, Cites Court Delays
IEBC says it took action against electoral code breaches during Ol Kalou by-election but court cases delayed enforcement and process completion.
By John Mtongoi Newsroom
August 24, 2026
2 min read
The Independent Electoral and Boundaries Commission (IEBC) has clarified its response to electoral misconduct during the Ol Kalou parliamentary by-election, emphasizing that it took decisive action against violations but was hindered by ongoing court challenges.
Speaking on Citizen TV, IEBC Commissioner Dr Ann Nderitu explained that the commission summoned, fined, and warned individuals found breaching the Electoral Code of Conduct during the campaign period. However, some of these enforcement decisions were contested in court, effectively pausing the commission’s ability to proceed until judicial rulings are made.
"In Ol Kalou, we summoned several people who breached the code of conduct. We fined and warned them as required by law," Dr Nderitu said. "When decisions are challenged in court, our process must await the court’s verdict."
This statement comes amid criticism over IEBC’s handling of reported violations including violence, destruction of campaign materials, voter bribery, late-night campaigns, and gang mobilization before the July 16, 2026 by-election. The commission had warned of possible postponement if security deteriorated.
Among those sanctioned were Kipipiri MP Wanjiku Muhia, fined KSh 1.5 million and ordered to issue a public apology for inflammatory remarks, and Nakuru Town East MP David Gikaria, fined KSh 2.5 million and publicly reprimanded for implying financial inducements to voters.
The Kenya National Commission on Human Rights (KNCHR) urged the IEBC to enforce electoral laws impartially and promptly. IEBC Chairperson Erastus Ethekon acknowledged shortcomings exposed by the by-election, advocating for enhanced powers to investigate and prosecute election offences, which currently lie largely outside IEBC’s mandate.
Dr Nderitu highlighted the distinction between sanctioning misconduct under the Electoral Code and prosecuting offences under the Elections Act, stressing the commission’s commitment to a free and fair 2027 General Election. She also described measures to strengthen security protocols, including the training and deployment of police officers as electoral officials under returning officers’ command.
During the by-election, former Deputy President Rigathi Gachagua alleged vote rigging and called on voters to protect their ballots from intimidation. IEBC Commissioner Hassan Noor Hassan dismissed these claims, expressing confidence in the security arrangements and vote counting process.
The Electoral Code of Conduct, as stipulated in the Elections Act, binds all political participants and aims to ensure transparency and fairness in Kenya’s electoral processes.
