Ol Kalou by-election: LSK raises concerns over alleged electoral malpractice

UDA candidate in the Ol Kalou by-election Muchina Nyaga, Jubilee Party's Wilson Kigwa and Kamau Ngotho of DCP.[File, Standard]

The Law Society of Kenya (LSK) has raised concern over alleged widespread electoral malpractice ahead of the forthcoming Ol Kalou parliamentary by-election, warning that the reported incidents threaten the integrity and credibility of the electoral process.

In a statement issued on Monday by LSK President Charles Kanjama, the society cited reports of voter bribery, misuse of public resources, political intimidation, inflammatory rhetoric and violence during the campaign period.

Among the allegations highlighted are the distribution of cash and goods to voters under the guise of empowerment programmes, use of government resources and public offices to support campaigns, participation of public officers in partisan politics, and the deployment of organised groups to intimidate voters and suppress political participation.

The society said such acts could amount to electoral offences under the Election Offences Act, including voter bribery, abuse of state resources and undue influence.

"We remind political actors that electoral offences are criminal acts that undermine constitutional governance and democratic legitimacy, and call for swift and impartial enforcement of the law," the statement read in part.

At the same time, the lawyers' body urged the Independent Electoral and Boundaries Commission (IEBC) to exercise its constitutional mandate independently and without political interference, insisting that no individual, political party or public institution should be above the law.

"We also call on the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Public Service Commission (PSC) and the National Police Service to investigate and prosecute anyone found to have violated electoral laws," the statement added.

LSK expressed concern about suggestions that the by-election could be postponed due to campaign-related irregularities, arguing that postponement should be considered only in exceptional circumstances provided for under the Constitution.

Instead, it said offenders should be held individually accountable through investigations, prosecutions, fines, disqualification and other legal sanctions rather than denying voters their constitutional right to elect a representative.

The society described the Ol Kalou by-election as a key test of Kenya's electoral governance ahead of the 2027 General Election, saying the manner in which institutions respond to alleged violations will shape public confidence in future polls.

It also condemned all forms of violence, intimidation, incitement and lawlessness, urging political leaders, candidates, public officers and voters to uphold the Constitution and conduct peaceful, issue-based campaigns.

To promote transparency, the society announced it will deploy accredited election observers to monitor the by-election and independently assess compliance with constitutional principles, electoral laws and democratic standards.