IEBC Breaks Silence on Ol Kalou Election Violations as Commission Defends Its Actions

The Independent Electoral and Boundaries Commission (IEBC) has defended its handling of alleged electoral misconduct during the Ol Kalou parliamentary by-election, insisting that it took action against individuals who violated the Electoral Code of Conduct.

IEBC Commissioner Dr Ann Nderitu said the commission summoned several people during the campaign period, investigated the reported violations and imposed penalties where necessary.

According to Nderitu, the commission fined and warned individuals found guilty of breaching the code, carrying out the responsibilities assigned to its Electoral Code of Conduct Enforcement Committee.

She, however, explained that the commission could not continue pursuing some cases after those sanctioned moved to court to challenge the decisions.

“Some went to court to challenge the decision of the Electoral Code of Conduct Committee; our process ends there because we have to wait for the verdict of the court,” Nderitu said.

Her remarks came amid criticism of IEBC's handling of alleged electoral violations during the Ol Kalou contest.

Before the July 16, 2026 by-election, the commission had raised concerns over reports of violence, destruction of campaign materials, alleged voter bribery, late-night campaigns and the mobilisation of gangs. IEBC had even warned that the election could be postponed if the security situation worsened.

The commission later took disciplinary action against several politicians.

Kipipiri MP Wanjiku Muhia was fined Ksh1.5 million and ordered to publicly apologise after the enforcement committee found that some of her campaign remarks could promote violence, intimidation and hostility.

Nakuru Town East MP David Gikaria was also fined Ksh2.5 million and ordered to issue a public apology over remarks interpreted as suggesting financial rewards for voters.

Despite these actions, questions remained over whether IEBC had done enough to address violations during the campaign.

The Kenya National Commission on Human Rights (KNCHR) urged the electoral body to strictly enforce the Elections Act, Electoral Code of Conduct and other electoral laws against candidates, political parties and other participants found breaking the law.

IEBC Chairperson Erastus Ethekon later acknowledged that the Ol Kalou by-election had exposed gaps in the enforcement of the Election Offences Act. He called for stronger powers for the commission to investigate and prosecute electoral offences.

Nderitu maintained that IEBC's powers must be distinguished from those of other institutions involved in the prosecution of election offences.

She rejected claims that the commission ignored electoral violations, insisting that it acted within the authority provided by law.

“It would be wrong to accuse the IEBC of doing nothing,” she said.

The Electoral Code of Conduct, contained in the Second Schedule of the Elections Act, applies to political parties, candidates and other participants in elections.

The Ol Kalou experience has since reignited debate over whether IEBC should receive broader powers to deal with electoral offences, particularly cases that go beyond violations of the Electoral Code of Conduct.

For IEBC, however, Nderitu maintains that once an enforcement decision is challenged in court, the matter becomes part of the judicial process, leaving the commission to wait for the court's final determination.