The electoral agency has slapped Kasipul by-election candidates Philip Aroko and Boyd Were with fines of Sh1 million each after finding them jointly responsible for violence that left two people dead, several others injured and property destroyed on November 6.
The Independent Electoral and Boundaries Commission (IEBC)’s Electoral Code of Conduct Enforcement Committee said both candidates violated multiple provisions of the Electoral Code by disregarding a harmonised campaign schedule and failing to restrain their supporters.
The committee’s chairperson, DrAlutalala Mukhwana, on Wednesday said the panel found the pair in breach of key obligations requiring candidates to condemn violence, avoid actions that fuel tension, and cooperate to prevent overlapping rallies.
“The failure by the two candidates to stick to the campaign schedule resulted in the violence, deaths and destruction of property witnessed in Kasipul,” Dr Alutalala said.
The ruling stems from two cross-complaints the candidates filed against each other over the same incident.
Mr Aroko, an independent candidate, had accused Were and his supporters of orchestrating an attack on his convoy at Opondo area, saying the confrontation escalated into deadly clashes later in the day.
On his part, Mr Were, the ODM candidate, filed a complaint alleging that Mr Aroko’s supporters were behind the unrest and had earlier terrorised residents at a separate event attended by the deputy president.
Both candidates admitted deviating from their IEBC-issued campaign routes, a key factor the committee said created conditions for the confrontation. The Returning Officer told the panel she never received the letter Aroko claimed to have written seeking permission to alter his route; her deputy confirmed the letter was only sent on the eve of the hearing.
The committee also said investigators’ reports submitted to the committee confirmed that both candidates lodged police complaints on November 6, and that two people died in the ensuing violence.
In its verdict, the committee also pointed fingers at the Homa Bay County government, accusing its officials of using public resources to perpetrate violence in the constituency.
The committee found both candidates guilty of violating several clauses of the Code, including provisions requiring them to publicly condemn violence, avoid intimidation, prevent supporters from engaging in criminal conduct, and respect the commission’s authority.
The panel also issued stern warnings to both candidates and ordered them to strictly adhere to the harmonised campaign schedule agreed on October 10.
The committee also directed Aroko and Were to sign a Political Decency Charter immediately and make a public commitment to peaceful campaigning. It warned that any further violation could lead to their disqualification from the November 27 by-election. The committee made no order as to costs.
The by-election was called after the April killing of MP Ong’ondo Were. Since then, tensions have remained high. In recent weeks, three Directorate of Criminal Investigations officers were attacked by a mob in Kachien Village while attempting to arrest suspects tied to politically linked violence, underscoring the volatility in the area.
Inspector General of Police Douglas Kanja has deployed additional officers across Kasipul and warned that lawlessness disguised as political contest “will not be condoned,” promising swift action against offenders.
