Selective justice: IEBC's double standards in enforcing electoral laws

IEBC chair of electoral code of conduct enforcement committee Olutalala Mukhwana fined Kipipiri MP Wanjiku Muhia Sh1.5 million over incitement remarks she made in Ol Kalou Constituency. [Benard Orwongo Standard]

The Independent Electoral and Boundaries Commission (IEBC) is facing renewed scrutiny and criticism over its handling of the forthcoming Ol Kalou by-election because of its alleged application of double standards.

 For an institution that is meant to ensure a level playing field for the contestants to earn the trust of the electorate, critics have accused IEBC of being partisan, even as the Commission’s integrity and independence comes under sharp focus ahead of the 2027 polls.

 From claims of working at the behest of the government, to targeting opposition leaders and ignoring open irregularities in the campaign period, the electoral agency now faces the arduous task of regaining public confidence and being seen as an impartial referee.

And whereas the Commission has threatened to cancel or postpone the July 16 mini-poll in the event of disorder, opposition leaders do not think IEBC is acting in good faith.

The united opposition and a section of the general public have pointed an accusing finger towards the Commission for turning a blind-eye to the electoral malpractice being perpetrated in Ol Kalou.

 “If 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 unfortunate and drastic step of postponing the elections in Ol Kalou. And if that’s not enough, we will cancel it altogether,” said IEBC Chairperson Erastus Ethekon on Thursday.

Speaking during the launch of the 2022 IEBC Pre-Election Dispute Resolution Committee Report, Ethekon noted that violence, voter bribery and interference by state officials had characterised the by-election.

The opposition has however come out guns blazing accusing the Commission of being inept in handling the high stakes contest that has attracted candidates from both the ruling and opposition camps, including Sammy Kamau Ngotho who is the DCP candidate and Samuel Muchina who is vying on a UDA ticket.

Yesterday, the Democracy for Citizens Party (DCP) leader Rigathi Gachagua went off on IEBC, telling off the commissioners over the  threat to cancel the mini-polls.

A livid Gachagua accused the electoral agency of being at the beck and call of President Ruto who was now allegedly behind a scheme to scuttle the by-election after sensing defeat.

The DCP leader further termed IEBC’s insistence on dealing with non-existent violence in Ol Kalou- when it had remained silent during other by-elections that were riddled by chaos- as applying double standards.

"You never condemned violence in Baringo, you didn't condemn violence in Kasipul Kabondo, you didn't condemn violence in Malava. How come you are condemning non-existent violence in Ol Kalou and threatening to postpone an election for non-existent violence?" posed Gachagua.

The development also came on a day that Kipipiri MP Wanjiru Muhia was fined Sh1.5 million over alleged inflammatory remarks she made on the campaign trail.

Muhia, who is a close Gachagua ally and a leader of the DCP campaigns in Ol Kalou, had been summoned to appear before the committee last month over remarks she made, which the commission allegedly says breached the Elections Act and the Electoral Code of Conduct.

Gachagua used the platform yesterday to refer to the instance as one of the many times the Commission had been involved in what he termed as the commission’s selective application of the electoral code of conduct.

The former Deputy President also accused the government of deploying Cabinet Secretaries, Principal Secretaries and other senior State officials to campaign for the ruling party's candidate while engaging in voter bribery  using public resources.

"Over the last few weeks, State officers and top government officials are on the Ol Kalou by-election campaign trail and on a bribery spree. Indeed, the government officials are actually more than the voters in Ol Kalou," he alleged.

He questioned why action had not been taken against them despite them clearly flouting the Election Offences Act, 2016 (section 14) that criminals the use of public resources for the purpose of campaigning during elections and the Conflict-of-Interest Act, 2025 (section 25) that bars public officers from engaging in political campaigns and use of public resources for partisan campaigns.

Nairobi Senator Edwin Sifuna also called out the commission, urging it to enforce the law against those violating campaign rules instead of issuing warnings. He dismissed the announcement by IEBC as an attempt to avoid its constitutional mandate.

“This is just IEBC running away from responsibility. Everyone can see who is violating the law. The commission should punish those openly bribing voters and using state resources to campaign. Instead, it creates a false equivalence and threatens to punish everyone. Very escapist,” he said.

His sentiments came alongside those of Gachagua  a day earlier, when the opposition told of a ploy by the Ruto administration to influence the outcome of the by-election through voter bribery, development projects and alleged political interference.

To this end, Gachagua claimed that IEBC was under pressure to postpone the poll because the ruling party was not assured of victory.

“Mr. William Ruto has spent over Sh 1 billion on bribes in Ol Kalou Constituency, and it is not working. He has spent Sh10 billion on projects, and it is not working,” Gachagua claimed.

“He is now pushing the IEBC to postpone the election and give him time to splash more money and see whether it will work.”

Gachagua further alleged that there were plans to sponsor violence before the election to create grounds for postponing the vote.

“The new plan is to unleash goons this weekend to cause violence and give the IEBC the reason they so desperately need to postpone the election slated for 16th July 2026,” he claimed.

He urged the electoral commission to ensure the by-election proceeds as scheduled, saying residents have a constitutional right to elect their Member of Parliament.

“The IEBC should not and must not postpone the Ol Kalou by-election. The people of Ol Kalou are ready to elect their new Member of Parliament,” he said.

President Ruto and IEBC are yet to respond to these allegations.

Kiharu MP Ndindi Nyoro has also questioned the inaction by IEBC.

“We are continuing to witness, especially in the by-election that is happening in Ol Kalou, that political actors have been given a leeway to do anything, as if they are above the law,” he said.

“The kind of violence we have been seeing is appalling. We have not seen any action from IEBC. If the process we can already see with our own eyes is flawed, how are we going to give Kenyans confidence as we head to the next General Election?” posed Nyoro.

Political analyst Mark Oloo now avers that the electoral agency is most likely acting from external influence and that its delayed administration of justice  in Ol Kalou only eroded the public’s confidence in it.

 “IEBC was never meant to be an independent commission. This commission just like others before it is least likely to rise to the occasion. Toothless as it is now, it might get worse in 2027. They can see that bribery is taking place. The officials are bribing voters and asking for IDs so why not take action immediately?” posed Oloo.

 He also asked why they want to suspend the by-election as opposed to penalizing those found to be culpable.

“If a particular person is the problem, disqualify them and let the other candidates go to the ballot,” he added, and is also convinced that the IEBC and the government are not likely to give Kenyans a genuine electoral process.

The National Council of Churches has also weighed in saying IEBC needs to up its game.

NCCK has issued a stern warning to the IEBC over the corrosive influence of money in the country’s politics, demanding immediate reforms ahead of the 2027 General Election.

During a consultative meeting with IEBC Commissioners, the religious body raised concerns that money has become the dominant driver of Kenyan politics—effectively determining who can run, who wins, and whose interests are served after the ballots are cast.

The council strongly decried the continuous efforts by political leaders to hinder the implementation of the Election Campaign Financing Act over the last 13 years. According to the NCCK, political campaigns have devolved into expensive financial investments. These campaigns are heavily funded by wealthy individuals, businesses, and informal financiers who expect to extract massive returns after the polls are concluded.

"We strongly recommend that you subject the draft Election Campaign Financing Regulations 2026 and 'the Determination of the Election Campaign Finance Spending Limits for 2027 General Election' to nationwide public participation within the August 10, 2026 timeline," said Rev Canon Chris Kinyanjui, the NCCK General Secretary.

Furthermore, the NCCK called out blatant instances of electoral malpractice, urging the IEBC to take decisive action against political actors engaging in voter bribery and economic coercion "with abject impunity." The council cited a specific incident in Ol Kalou where a political leader allegedly captured on video announced the distribution of monetary tokens and confiscated the identity cards of the recipients.

In response, IEBC Chairman Mr Erastus Ethekon acknowledged the issues raised by the clergy and assured the delegation of the commission's unwavering commitment to holding free, fair, and credible elections. “The Commissioners have gained a lot of  learning as we have conducted 32 by-elections, which have prepared us for the 2027 General Elections,” added Ethekon.

He emphasised that the problem is usually not the legal framework but rather the social environment in which elections take place.

 But in its defense of Ol Kalou, the IEBC claimed that it was handling the complaints emanating from the mini poll.

IEBC Commissioner Alutalala Mukhwana poured hot water on claims that the commission was condoning the reported incidences saying that it was conducting investigations to ensure that they met the legal threshold.

 “Maybe an impression has been created that IEBC has been quiet, IEBC has been condoning these incidents, far from it...What has been happening is that we are methodical, we are procedural and we undertake lawful procedures to make sure that by the time we summon a suspect, we have sufficient evidence to convict that suspect,” he said.

 Mukhwana was categorical that the fact that some of the reported cases in the media had not

been followed by formal complaints from affected parties, hindered their work. He also said that in cases where an MP is accused of issuing a bribe, the commission is obligated to investigate both the lawmaker and the recipient.

“An MP who gives you money is breaking the law, and the citizen who receives the money is also breaking the law. When you allow your civic choice to be subverted by that money or any other form of inducement, you lose the opportunity to shape the kind of leadership you want,” he emphasized.

The commissioner further reiterated that IEBC was gathering evidence to build water-tight cases before taking further action.