The Independent Electoral and Boundaries Commission (IEBC) of Kenya has called on Nakuru Town East MP David Gikaria to comply with a Sh2.5 million fine and other sanctions imposed by its Electoral Code of Conduct Enforcement Committee. This follows the High Court's dismissal of Gikaria's judicial review application challenging the committee's proceedings and determination in Case No. 2 of 2026.
The High Court on Thursday dismissed Gikaria's application, ruling that it had not met the threshold for the judicial review orders he was seeking. Justice W. Musyoka dismissed the application with no orders as to costs and discharged temporary orders issued on July 15, 2026. The court's decision was welcomed by IEBC Chairperson Erastus Edung Ethekon, who stated that it reaffirmed the commission's constitutional and statutory mandate to enforce the Electoral Code of Conduct.
The IEBC Chairperson emphasized that enforcing the Electoral Code of Conduct is integral to the commission's role in safeguarding the integrity of elections and electoral processes. The commission noted that the court had affirmed the jurisdiction of its Electoral Code of Conduct Enforcement Committee to summon persons, hear complaints, and make findings on alleged breaches of the code.
The court recognized that sanctions under the Electoral Code of Conduct include financial penalties, restrictions on campaigning, formal warnings, apologies, and disqualification. The IEBC highlighted the seriousness of voter bribery and schemes aimed at suppressing voter turnout, describing them as electoral wrongs that undermine democracy and require effective sanctions to deter such conduct.
Following the dismissal of Gikaria's application and the discharge of the temporary orders, the IEBC directed him to comply with the committee's July 14 determination. The committee had ordered Gikaria to pay a Sh2.5 million fine, issue a public apology, and retraction in accordance with the terms of the determination. The matter was also referred to the Office of the Director of Public Prosecutions for investigations into possible election offences.
The IEBC emphasized that compliance with the Electoral Code of Conduct is not optional and that all persons participating in electoral processes must observe the law and applicable electoral standards. The commission's statement underscores the importance of upholding the integrity of electoral processes in Kenya.
The court's decision and the IEBC's directive to Gikaria demonstrate the commission's commitment to enforcing the Electoral Code of Conduct and ensuring accountability among elected officials. The case highlights the critical role of the IEBC in promoting electoral integrity and deterring electoral malpractices in Kenya.
Key points
- IEBC urges Nakuru Town East MP David Gikaria to pay a Sh2.5 million fine for breaching the Electoral Code of Conduct.
