KNCHR Calls for Investigation into Violence and Rights Abuses During Ol Kalou By-Election

The Kenya National Commission on Human Rights (KNCHR) has revealed serious human rights violations during the July 16, 2026, Ol Kalou Constituency by-election. The violations included a fatality, live gunfire attacks, assaults on journalists, unlawful detentions, and alleged voter inducement.

In its report titled Perilous Politics: Human Rights Compliance Analysis of the 16th July 2026 Ol Kalou Constituency By-Election, KNCHR highlighted that despite a strong security presence, violence erupted in the afternoon, resulting in the death of James Muigai Mwathi, who succumbed to injuries consistent with blunt force trauma.

The Commission documented multiple attacks on civilians and media personnel. Journalists were targeted by armed and masked assailants, resulting in injuries, loss of equipment, and vehicle damage. Attacks occurred at several polling stations including A.C. Ol Kalou Primary School and Mumbi Comprehensive Primary School, where live ammunition was used.

KNCHR raised concerns over the apparent failure of security officers to intervene effectively, noting that vehicles with concealed number plates were allowed to pass unchecked, while their own vehicles were searched at roadblocks.

Violence extended to JM Kariuki Memorial Hospital, where armed attackers pursued injured individuals seeking medical care, endangering patients and deterring others from accessing treatment.

The Commission also received unconfirmed reports of sexual violence linked to security personnel and hooded gunmen, emphasizing the need for victim-centred investigations.

Additionally, four human rights defenders and party agents were unlawfully detained during polling hours but released after paying bail, highlighting concerns about harassment.

Reports of voter inducement via M-Pesa payments purportedly for transport costs were noted, although KNCHR could not independently verify these claims or connect them to specific candidates.

Despite the disruptions, the election proceeded with an estimated 56.7% voter turnout. Sammy Kamau Ngotho of the Democracy for Citizens Party won with 35,440 votes, followed by Samuel Muchina Nyagah of the United Democratic Alliance with 5,450 votes.

Recommendations

• KNCHR urges the National Police Service and Directorate of Criminal Investigations to investigate all incidents of violence, intimidation, and property destruction, including Mwathi's death.
• It calls for identification, arrest, and prosecution of armed groups involved in the violence.
• The Independent Electoral and Boundaries Commission (IEBC) is urged to enhance election security, improve technology, and enforce bans on electioneering and voter inducement on polling day.
• Political parties and candidates are called upon to adhere strictly to the Electoral Code of Conduct and condemn all forms of violence.
• The Commission stresses the importance of investigating alleged sexual violence thoroughly and with sensitivity to victims.

As Kenya prepares for the 2027 General Election, KNCHR emphasizes the need to hold accountable those responsible for the violence and those who orchestrated or financed it to safeguard democratic processes and human rights.