Ol Kalou is IEBC’s first real test: Independence must not be negotiable

The Independent Electoral and Boundaries Commission (IEBC) has sent the strongest signal yet that it intends to enforce the law ahead of the Ol Kalou parliamentary by-election.

Chairperson Erastus Ethekon’s warning that the commission could postpone or even cancel the poll if violence, intimidation and electoral malpractice persist is bold, timely and welcome.

But words alone will not restore public confidence.

The Ol Kalou by-election is more than a contest to elect a Member of Parliament. It is among the first major electoral tests besides Mbeere North and Malava for the newly constituted IEBC and, in many ways, a dress rehearsal for the 2027 General Election.

Every decision the commission makes over the coming days will either strengthen or weaken public trust in its ability to deliver a free, fair and credible election.

For many Kenyans, confidence in electoral management has been shaken over the years by disputed elections, prolonged court battles, violence and allegations of selective enforcement of electoral laws. The burden therefore rests on the new commissioners to demonstrate that the IEBC has turned a new page.

That transformation must begin in Ol Kalou.

Chairperson Ethekon has correctly reminded political actors that the commission has the constitutional authority to postpone or cancel an election if conditions do not permit a free and fair poll.

However, exercising that authority should not be the commission’s only focus. The greater responsibility is to ensure that the environment never deteriorates to that point by enforcing the law firmly, consistently and without fear or favour.

The Electoral Code of Conduct is not a ceremonial document. It is a legally binding framework that governs the conduct of candidates, political parties, supporters and public officials during campaigns. Every breach must attract swift and meaningful consequences.

If there is voter bribery, prosecute those responsible.

If campaign materials are destroyed, investigate and sanction the perpetrators.

If hired gangs are intimidating voters or disrupting opponents’ meetings, they should face the full force of the law.

Most importantly, if any candidate is found culpable, the commission should not hesitate to invoke its powers, including disqualification where the law permits.

Nothing would send a stronger message than demonstrating that no candidate is above the law.

Equally critical is the conduct of State officers.

The constitution and electoral laws were deliberately crafted to ensure a level political playing field. Cabinet Secretaries, Principal Secretaries, governors and other State officers occupy public offices funded by taxpayers. Those offices must never be converted into campaign platforms.

Kenyans have repeatedly witnessed Cabinet Secretaries traversing the country to campaign for political candidates, often using government functions and public resources to advance partisan interests. Such conduct undermines constitutional principles of neutrality in public service and creates an uneven electoral environment.

The IEBC cannot afford to ignore these violations.

The commission must make it abundantly clear that State officers who wish to participate in campaigns must do so strictly within the confines of the law.

Where the law prohibits certain categories of public officers from engaging in partisan political activity, those provisions must be enforced consistently regardless of the individual’s political affiliation or seniority.

Selective application of the law is one of the fastest ways to destroy institutional credibility.

Equally important is the role of security agencies.

The National Police Service must provide security to every candidate without discrimination. Police officers must remain politically neutral and act swiftly against violence, intimidation and criminal activities regardless of who is responsible. Elections cannot be credible where voters fear attending campaign meetings or casting their ballots.

The Ol Kalou by-election also presents an opportunity for the IEBC to demonstrate transparency in its operations.

Complaints should be handled promptly. Investigations should be communicated openly. Decisions should be reasoned and published. Where sanctions are imposed, the public should understand why. Transparency builds legitimacy even when some parties disagree with the outcome.

The launch of the IEBC’s Pre-Election Dispute Resolution Committee Report and Case Digest is a commendable step. It shows the commission’s willingness to learn from previous electoral experiences and institutionalise best practices. The reported 93 per cent success rate in defending its decisions before the courts is encouraging.

However, publications alone do not build confidence.

Public confidence is earned through visible action.

Deputy Chief Justice Philomena Mwilu was right to remind the country that democracy is sustained not merely by the act of voting but by public confidence that every stage of the electoral process is governed by law, administered fairly and subjected to impartial review.

That confidence begins long before polling day.It begins with equal treatment of candidates. It begins with impartial enforcement of campaign rules. It begins with protecting voters from intimidation. It begins with preventing abuse of public resources.

Above all, it begins with an electoral commission that is demonstrably independent.

The credibility of the 2027 General Election will not be determined on polling day alone. It is already being shaped by every by-election, every enforcement decision and every response to electoral misconduct.

Ol Kalou offers the IEBC an opportunity to reassure Kenyans that electoral justice is no longer negotiable.

The commission must resist political pressure from all quarters, enforce the law uniformly and prove that it serves only one constituency—the Constitution of Kenya.

If it succeeds, public confidence in the electoral process will steadily grow ahead of 2027.

If it fails, doubts over the commission’s independence will deepen, making the next General Election even more contentious.

The stakes therefore extend far beyond one parliamentary seat.

Ol Kalou is not simply another by-election.

It is the first true measure of whether the new IEBC can restore the credibility, impartiality and public trust that Kenya’s democracy urgently requires.