The Independent Electoral and Boundaries Commission (IEBC) has defended the distribution of government-branded items during election campaigns, saying such giveaways do not automatically amount to voter bribery or electoral offences.
Speaking on Inooro FM on Tuesday, IEBC Commissioner Anne Nderitu said the law draws a distinction between voter bribery and what it terms "voter treatment," arguing that not every gift or government project unveiled during a campaign period is illegal.
“It is not always an electoral offence to distribute Government of Kenya-branded mattresses to voters. Sometimes that amounts to voter treatment, and voter treatment is not an electoral offence under our laws,” Ms Nderitu said.
Energy Principal Secretary Alex Wachira gifts an Ol Kalou ward electorate with a six kilogram gas cylinder on July 7, 2026.
Photo credit: Boniface Mwangi | Nation Media Group
Her remarks come in the wake of criticism over the distribution of cash, branded items and the launch of development projects by the government during campaigns for Thursday’s Ol Kalou parliamentary by-election, with opposition leaders accusing the Kenya Kwanza administration of using state resources to influence voters.
Ms Nderitu also defended the implementation of government projects during election periods, saying wananchi should not be denied development simply because a by-election is underway.
“Citizens do not lose their right to development simply because there is an election. You cannot suspend development during an election season. For instance, the people of Ol Kalou Constituency who will vote on Thursday deserve the projects and benefits they have received from the government. It is immaterial to argue otherwise,” she said.
The commissioner, however, acknowledged that policing transactional politics remains difficult because of the complexity of Kenya's electoral laws and the high burden of proof required to secure convictions for electoral offences.
She said the commission has proposed stronger campaign financing laws to curb the influence of money in elections.
“What we have today is a vague law. We have already proposed amendments to strengthen it. Elections in Kenya are very costly and voters also bear some responsibility because many demand money and gifts from candidates. Those who win often believe they bought the seat and therefore owe voters nothing, while those who lose become bitter over the financial losses and end up blaming the IEBC and rejecting the results,” she said.
Government officials, led by Energy Principal Secretary Alex Wachira, pose for a group photo with some residents of Ol Kalou who were presented with six-kilogram gas cylinders each on July 7, 2026.
Photo credit: Boniface Mwangi | Nation Media Group
According to Ms Nderitu, many candidates privately admit they hand out money because voters demand it rather than out of choice.
On the 2027 General Election, the commissioner dismissed claims circulating on social media that the IEBC could postpone or cancel the polls, insisting the election date is fixed by the Constitution.
“There are rumours that the IEBC is testing the waters with the intention of cancelling the 2027 General Election. That is completely false. Kenyans should prepare to vote in 2027 because the election will proceed as required by the Constitution,” she said.
She stressed that the commission has neither the legal authority nor the intention to alter the election date, explaining that voting can only be suspended in limited circumstances provided for in law, such as emergencies or logistical challenges affecting polling stations on election day.
“Let us be responsible in the way we inform the public. It is nearly impossible to cancel a General Election in Kenya. The circumstances under which that can happen are clearly provided for in law and are rarely invoked. We cannot cancel an election except under circumstances provided for during the actual voting process," she said.
Ms Nderitu also said the commission has yet to take a position on whether former Deputy President Rigathi Gachagua is eligible to contest the 2027 General Election following his impeachment.
“We have not sat down and reached a common position on Mr Gachagua. Impeachment is a different ball game involving many actors. The decision is not entirely an IEBC matter. We will deal with it when the time comes. For now, we have no common position," she said.
Mr Gachagua, who was impeached in October 2024, is challenging the decision in the Court of Appeal after the High Court upheld his removal. He argues that, like former Nairobi Governor Mike Sonko in 2022, he remains eligible to vie until the appellate process is exhausted.
Ms Nderitu further cautioned politicians against making reckless claims about manipulating elections, saying while the IEBC can summon candidates over campaign conduct during the official campaign period, other institutions including the National Cohesion and Integration Commission (NCIC) and the police also have a responsibility to address hate speech, incitement and other election-related offences.
She reminded public officers that the law prohibits them from participating in political campaigns and urged Parliament and other stakeholders to prioritise reforms to strengthen Kenya's electoral laws, particularly on campaign financing, ahead of the 2027 General Election.
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