The High Court of Kenya has upheld a Ksh.2.5 million fine against Nakuru Town East Member of Parliament, David Gikaria, for remarks made during the Ol Kalou by-election campaign. The fine was imposed by the Independent Electoral and Boundaries Commission (IEBC) after Gikaria was found guilty of making statements that implied financial rewards to voters. The court's decision was made on October 8, 2026, by Justice W. Musyoka, who dismissed Gikaria's judicial review application.
According to the IEBC, the fine was imposed after Gikaria made remarks during a campaign event in Ol Kalou, where he was captured on video speaking about money he had allegedly distributed. In the video, Gikaria stated that he had spent Ksh.1.2 million during the event, and that he had to go home to get another Ksh.800,000. The IEBC found that Gikaria's statements were in breach of the Electoral Code of Conduct, and therefore, imposed the fine.
During the IEBC proceedings, Gikaria argued that there was no evidence showing money had changed hands or that any voter had been promised an award for voting in a particular way. He also challenged the use of the video evidence, saying he had not been supplied with the footage before the hearing and had expected the case to rely on documentary evidence. However, the committee found the digital evidence sufficient to establish culpability and imposed the sanctions.
The IEBC Commissioner, Dr. Alutalala Mukhwana, had earlier found Gikaria guilty on charges arising from his remarks during the campaign. The committee ordered Gikaria to pay the fine within 48 hours and issue a public apology and retraction to the people of Ol Kalou and the wider public. The committee also warned Gikaria against making statements implying financial rewards to voters or giving misleading information about voting requirements.
The court's decision reaffirmed the IEBC's mandate to enforce the Electoral Code of Conduct, including the power of its enforcement committee to summon persons, hear complaints, and determine whether the code had been breached. The court also recognised sanctions available under the Electoral Code of Conduct, including financial penalties, restrictions on campaigning, formal warnings, apologies, and disqualification.
The IEBC has now called on Gikaria to comply with the committee's July 14 determination within the timelines set out in the decision. The commission emphasised the seriousness of voter bribery and schemes intended to suppress voter turnout, noting the importance of effective sanctions in protecting electoral democracy. The IEBC also stated that evidence presented during the proceedings would be forwarded to the Office of the Director of Public Prosecutions for investigations into possible electoral offences.
Following the dismissal of the judicial review application, Gikaria is expected to pay the fine and comply with the committee's determination. The case highlights the importance of adhering to the Electoral Code of Conduct during election campaigns and the consequences of breaching the code. The IEBC's decision demonstrates its commitment to enforcing the code and ensuring the integrity of the electoral process.
Key points
- The High Court upheld a Ksh.2.5 million fine against MP David Gikaria for remarks made during the Ol Kalou by-election campaign.
- The fine was imposed for Gikaria's statements implying financial rewards to voters, which were found to be in breach of the Electoral Code of Conduct.
- The court's decision reaffirmed the IEBC's mandate to enforce the Electoral Code of Conduct and recognised sanctions available under the code.
