IEBC threatens to cancel Ol Kalou by-election over violence

The Independent Electoral and Boundaries Commission (IEBC) has today warned that it could postpone or even cancel the Ol Kalou parliamentary by-election if escalating insecurity, voter intimidation and violations of the electoral code of conduct continue to threaten the integrity of the poll.

IEBC Chairperson Erastus Ethekon issued the warning during the launch of the 2022 Pre-Election Dispute Resolution Committee (DRC) Report and Case Digest in Nairobi, saying the commission would not hesitate to invoke its constitutional powers if the electoral environment remained unsafe.

“In the event that, working with the security officials and other stakeholders, we find that the environment is not conducive enough for us to conclude the by-election in Ol Kalou, we will be left with no choice other than to take the most unfortunate and drastic step of postponing the elections in Ol Kalou. And if that’s not enough, we will cancel it altogether,” Ethekon said.

The warning comes amid growing concern over reported incidents of electoral violence, voter bribery, destruction of campaign materials and the alleged use of hired gangs during campaigns ahead of the July 16 by-election.

Ethekon said the commission had already deployed investigative teams to the constituency and vowed to strictly enforce the Electoral Code of Conduct to safeguard the credibility of the electoral process.

“We will be very firm in enforcing the code of conduct,” he said.

He warned that candidates found culpable of violating the electoral rules would face appropriate sanctions, including possible disqualification from the race.

“When we find any culpability or any breaches of the code of conduct, the proper remedies shall apply up to, including disqualifying some of those candidates,” he said.

The IEBC chairperson spoke as the commission unveiled the 2022 Pre-Election Dispute Resolution Committee Report and Case Digest, a publication documenting the handling of disputes that arose before the 2022 General Election.

According to Ethekon, the commission successfully resolved 323 pre-election disputes within the statutory timelines, with the courts affirming the majority of its decisions.

“The fact that the success rate and the confirmation by the courts, by upholding those decisions, is a testament that the Commission has discharged its mandate soundly, professionally, impartially, fairly, and within the four corners of the law,” he said.

He added that the commission had achieved a 93 per cent success rate in election petitions and expressed confidence that the newly launched Case Digest would serve as an important legal and administrative reference for political parties, candidates, election officials and legal practitioners in future electoral processes.

Deputy Chief Justice Philomena Mwilu, who also addressed the gathering, stressed that credible elections are built on adherence to the rule of law throughout the entire electoral cycle and not merely on voting day.

“Democracy is not sustained by simply casting ballots. It is sustained by the confidence of citizens that every stage of the electoral process is governed by law, administered fairly, and subject to impartial review where disputes arise,” she said.

Citing the Supreme Court’s landmark 2017 presidential election judgment, Mwilu said elections must embody transparency, accountability, credibility, verifiability, accuracy and efficiency to truly reflect the will of the people.

She also challenged the newly appointed IEBC commissioners to deliver a credible and dispute-free 2027 General Election.

“My prayer to you is: May you do it so right in 2027 that there will be no presidential election petition,” she said.

Representatives from the Law Society of Kenya and several civil society organisations who attended the launch called for enhanced civic education on electoral laws and dispute resolution mechanisms to strengthen public confidence in the electoral process ahead of the 2027 General Election.