IEBC Defends Enforcement Actions During Ol Kalou By-Election Amid Court Challenges
IEBC says it acted within its mandate in Ol Kalou by-election misconduct cases, but court challenges have stalled further enforcement.
By John Mtongoi Newsroom
August 23, 2026
2 min read
The Independent Electoral and Boundaries Commission (IEBC) has defended its handling of electoral misconduct during the Ol Kalou parliamentary by-election, stating it took appropriate action against individuals who violated the Electoral Code of Conduct.
IEBC Commissioner Dr Ann Nderitu explained that the commission summoned, fined, and warned those found in breach during the campaign period. However, further enforcement was hindered after some respondents challenged the commission’s decisions in court.
"We took them through the process; we fined and warned them and did what the Code of Conduct Enforcement Committee is expected to do by law," Dr Nderitu said. She added that once cases are moved to the judiciary, IEBC must await court rulings before proceeding.
Sanctions Imposed Ahead of Poll
- Kipipiri MP Wanjiku Muhia was fined Ksh1.5 million and ordered to issue a public apology for remarks deemed to incite violence and hostility.
- Nakuru Town East MP David Gikaria was fined Ksh2.5 million, required to apologise publicly, and warned over statements suggesting voter bribery.
Despite these measures, concerns about the commission’s overall enforcement effectiveness persisted. The Kenya National Commission on Human Rights (KNCHR) urged IEBC to apply the Elections Act and Electoral Code of Conduct firmly and impartially.
IEBC Chairperson Erastus Ethekon acknowledged gaps exposed by the Ol Kalou by-election, emphasizing the need for stronger investigative and prosecutorial powers over election offences, which currently lie outside the commission’s mandate.
Dr Nderitu stressed the importance of distinguishing between the commission’s authority to sanction code breaches and the judiciary’s role in prosecuting offences. She rejected claims that IEBC ignored violations, affirming that the commission acted fully within its legal powers.
The Ol Kalou case has reignited discussions about enhancing IEBC’s enforcement capacity to address electoral offences beyond the scope of the Code of Conduct, especially when legal challenges arise.
