The Independent Electoral and Boundaries Commission (IEBC) has called on Nakuru Town East MP David Gikaria to comply with a Sh2.5 million fine and an order requiring him to issue a public apology and retraction after the High Court dismissed his challenge against the sanctions.
Justice William Musyoka dismissed Gikaria’s judicial review application on October 8, 2026, ruling that it had not met the legal threshold for the orders sought. The court also discharged temporary orders issued on July 15 that had suspended enforcement of the commission’s decision.
The ruling allows the IEBC to proceed with enforcement of the determination issued by its Electoral Code of Conduct Enforcement Committee on July 14.
IEBC Calls for Compliance With Sanctions
Following the ruling, the commission urged Gikaria to comply with the committee’s directives within the prescribed timelines.
“The Commission expects Gikaria to comply with the said directions within the timelines prescribed by the Committee,” the IEBC said.
The committee had ordered the MP to pay a Sh2.5 million fine and issue a public apology and retraction. It also directed that the matter be referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible election offences.
The referral to the ODPP is for investigations and does not, by itself, establish criminal liability.
Court Dismisses Gikaria’s Judicial Review Application
Gikaria had challenged the proceedings and determination of the Electoral Code of Conduct Enforcement Committee, seeking judicial review of the commission’s decision.
The High Court found that his application did not meet the threshold for the orders he sought and discharged the interim orders that had halted enforcement of the sanctions.
The committee’s decision arose from complaints concerning remarks Gikaria made during campaigns for the July 16 Ol Kalou parliamentary by-election. The allegations involved statements about cash handouts and the collection of national identity card details.
The commission’s enforcement process concerns compliance with the Electoral Code of Conduct and is distinct from any criminal proceedings that may follow an investigation.
IEBC Reaffirms Electoral Code Enforcement Mandate
The IEBC welcomed the court’s decision, saying it reaffirmed the commission’s constitutional and statutory mandate to enforce the Electoral Code of Conduct and protect the integrity of electoral processes.
The commission said its enforcement framework empowers the relevant committee to summon individuals, hear complaints and determine alleged breaches of the code.
Available sanctions include financial penalties, campaign restrictions, formal warnings, apologies and disqualification, depending on the applicable provisions and circumstances.
The commission also highlighted the seriousness of voter bribery and schemes intended to suppress voter turnout, saying effective enforcement is necessary to deter conduct that undermines electoral democracy.
“The Commission emphasises that compliance with the Electoral Code of Conduct is not optional,” it reiterated.
Political Actors Warned Ahead of 2027 Elections
The IEBC urged political actors, candidates and other participants in electoral processes to observe the Constitution, the Elections Act and the Electoral Code of Conduct as Kenya prepares for the 2027 General Election.
The commission said compliance with electoral rules is essential to protecting the credibility of elections and ensuring that political activities are conducted within the law.
With the temporary court orders discharged, the commission can proceed with enforcement of the sanctions against Gikaria. The separate referral to the ODPP remains a matter for investigation into possible election offences.
