Former Public Service Cabinet Secretary Justin Muturi has questioned the Independent Electoral and Boundaries Commission (IEBC) over its warning that it could postpone the upcoming Ol Kalou parliamentary by-election, arguing that such a move raises significant constitutional concerns.
In a statement shared on his official X account on Friday, July 10, 2026, Muturi said that while the IEBC has the constitutional mandate to conduct elections, its authority must be exercised transparently, reasonably and in a manner that inspires public confidence.
He argued that decisions affecting elections should not be viewed as the exclusive preserve of the electoral commission, noting that the electoral process involves multiple stakeholders, including voters, political parties, candidates, civil society, security agencies, the media and the judiciary.
“The Commission’s position raises an important constitutional question. If the IEBC can postpone a by-election under the circumstances it has cited, what safeguards exist to ensure that similar reasoning cannot be relied upon in relation to a general election?” Muturi posed.
Muturi clarified that his remarks were not intended as an accusation against the commission but rather as a constitutional question that merits public debate and legal clarification.
According to him, public confidence in Kenya's democratic process depends not only on adherence to the law but also on the perception that electoral decisions are fair, predictable and free from arbitrary action.
IEBC cites violence and voter bribery
Muturi's statement follows remarks by IEBC Chairperson Erastus Edung Ethekon, who warned that the commission could postpone or cancel the Ol Kalou parliamentary by-election scheduled for July 16 if escalating electoral offences persist.
Speaking during the launch of the 2022 Pre-Election Dispute Resolution Report and Case Digest, Ethekon said the commission had received reports of violence, voter bribery, destruction of campaign materials, late-night campaigns and the mobilisation of gangs in the constituency.
The IEBC warned that unless the reported electoral offences are addressed, the integrity of the by-election could be compromised.
