The Independent Electoral and Boundaries Commission (IEBC) has warned that it could postpone or cancel the July 16, 2026, Ol Kalou parliamentary by-election if escalating violence and electoral offences threaten the credibility of the poll.
Speaking on Thursday, IEBC Chairperson Erastus Ethekon said the commission was fully prepared to conduct the by-election but had deployed an investigative team to probe allegations of voter bribery, intimidation, violence and attempts by political leaders to unduly influence voters.
Ethekon urged all candidates, political parties and their supporters to conduct peaceful campaigns and adhere to the Electoral Code of Conduct, warning that the Commission would not hesitate to invoke its constitutional powers to safeguard the integrity of the election.
He also called on the Directorate of Criminal Investigations (DCI) to urgently investigate and prosecute individuals involved in election-related offences, including bribery and violence.
The warning comes as ballot papers for the Ol Kalou by-election arrived in the country ahead of polling day, with the Commission expressing confidence that logistical preparations remain on schedule despite the security concerns.
Separately, the IEBC unveiled its Pre-Election Disputes Resolution Report for the 2022 General Election and Case Digest, proposing sweeping legal and administrative reforms aimed at strengthening the resolution of electoral disputes before future polls.
Among the key recommendations is an amendment to Section 74(2) of the Elections Act to extend the period for determining pre-election disputes from 10 days to 14 working days.
The Commission said the additional time would allow complainants to prepare cases, gather evidence and obtain legal representation while giving the Dispute Resolution Committee (DRC) sufficient time to make fair and well-reasoned decisions.
IEBC Director of Legal Services Chrispine Owiye said the Commission handled 323 disputes during the 2022 General Election, resolving all of them within the statutory 10-day period after the election calendar was gazetted on January 9, 2022.
While describing the process as successful, the Commission acknowledged challenges, including inconsistent decisions, limited public awareness, tight timelines and the absence of virtual hearings.
The report also recommends extending the period for filing complaints from 24 hours to 48 hours, allowing candidates who resign from public service to present certificates of service alongside resignation letters to curb fraudulent documentation, and introducing digital filing systems and virtual hearings to improve access for parties outside Nairobi.
Other proposals include stronger collaboration with the Office of the Registrar of Political Parties and the Law Society of Kenya, enhanced training for DRC members, improved documentation and publication of decisions, expanded voter education, and introducing alternative payment methods such as Paybill numbers for nomination fees.
The Commission further called for harmonising the definition of “nomination” under the Elections Act and the Political Parties Act to eliminate jurisdictional disputes between the IEBC and the Political Parties Disputes Tribunal.
According to the report, the reforms are intended to create a more accessible, efficient and predictable dispute resolution system while safeguarding the political rights guaranteed under Article 38 of the Constitution.
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