Organised gangs deployed to intimidate voters and election officials posed the biggest threat to the credibility of the Ol Kalou parliamentary by-election, the Independent Electoral and Boundaries Commission (IEBC) has revealed.
In its assessment of the mini poll held two weeks ago, the commission said the violence and intimidation reinforced its push to be granted prosecutorial powers to deal directly with election offenders.
IEBC chairperson Erastus Ethekon said the commission was tested by the challenge of containing goons while at the same time delivering a credible election.
The by-election, he said, was conducted in a highly competitive and politically charged environment marked by allegations of voter bribery, misuse of public resources, intimidation and isolated security incidents.
“These circumstances placed a heightened responsibility on the Commission to demonstrate impartiality, protect the secrecy and freedom of the ballot, respond promptly to stakeholder concerns, and ensure that every stage of the election was transparent and verifiable.
“Our most serious concern was the presence of organised groups of goons deployed in ways that threatened voters, our officials and the peaceful conduct of the poll,” Mr Ethekon said.
A screengrab of a video of armed men arriving at a polling station in Ol Kalou.
Photo credit: NMG
The tense political atmosphere during the campaigns saw the IEBC sanction several politicians for violating the Electoral Code of Conduct.
Kipipiri MP Wanjiku Muhia was fined Sh1.5 million for making inflammatory campaign remarks and ordered to issue a public apology. Nakuru Town East MP David Gikaria was fined Sh2.5 million, directed to apologise publicly and formally warned against making statements implying financial rewards for voters.
Mr Ethekon said the violence witnessed during the Ol Kalou by-election exposed gaps in the enforcement of the Election Offences Act and underscored the need for legal reforms.
“The law itself needs review to address challenges it was not written for. We believe aspirants and political parties should be required to file declarations of compliance, and that the Commission should have a greater role in the investigation and prosecution of electoral offences. At present, we can sanction misconduct under the Electoral Code of Conduct, but the machinery for investigating and prosecuting election offences lies largely outside our hands,” he added.
Angry residents chase away vehicles carrying hooded gunmen who attempted to force their way into at AC Primary School polling station during the Ol Kalou by-election on July 16, 2026.
Photo credit: Boniface Mwangi | Nation Media Group
Granting the IEBC prosecutorial powers is among the key proposals the commission has submitted to Parliament ahead of the 2027 General Election.
The commission wants lawmakers to amend the Election Offences Act, including repealing Section 20 on breaches of the Electoral Code of Conduct, to enable it to prosecute election-related offences directly.
According to the IEBC, the responsibility for enforcing electoral laws should rest primarily with the commission rather than the Office of the Director of Public Prosecutions.
The proposal is currently before the National Assembly's Justice and Legal Affairs Committee for consideration.
Looking ahead to the 2027 General Election, Mr Ethekon said tackling organised political violence would require stronger intelligence gathering, early identification of criminal gangs, tighter access control at polling and tallying centres, and the swift arrest and prosecution of those involved in violence, intimidation or disruption.
“The experience from Ol Kalou provides important lessons that should be consolidated and applied in future by-elections and in preparations for the 2027 General Election,” he said.
He added that coordination between the IEBC, the National Police Service, the Independent Policing Oversight Authority (IPOA) and prosecutorial agencies must begin well before polling day.
“What we take from Ol Kalou is that credible elections require regulating the entire electoral environment, not merely administering an efficient poll,” Mr Ethekon said.
Election materials at Ol Kalou Senior School on July 15, 2026 for the constituency's by-election, scheduled for July 16, 2026.
Photo credit: Boniface Mwangi | Nation
Despite the challenges, he expressed confidence that the commission is prepared to deliver a credible election in 2027.
“We do not ask to be trusted on assertion. We ask to be judged on what can be verified forms issued to agents at every polling station, votes counted openly, tallying observed by stakeholders, and results declared within hours rather than days. Those are verifiable facts, and we invite public scrutiny,” he said.
Mr Ethekon said creating a secure electoral environment cannot be left to the IEBC alone, but requires political parties to discipline their members, security agencies to enforce the law, and Parliament to equip the commission with stronger enforcement powers.
He added that sustained stakeholder engagement, increased public awareness and timely enforcement of the Electoral Code of Conduct would be critical in reducing tensions and deterring electoral misconduct ahead of the 2027 polls.
