Nakuru Town East MP David Gikaria has been fined Sh2.5 million after the Independent Electoral and Boundaries Commission (IEBC) found him guilty of breaching the Electoral Code of Conduct, in what signals the electoral agency's resolve to crack down on political misconduct ahead of the 2027 General Election.
In a decision released on Tuesday, the IEBC Electoral Code of Conduct Enforcement Committee, chaired by Commissioner Dr Alutalala Mukhwana, ordered the legislator to pay the fine within 48 hours, issue a public apology and formally retract the remarks that led to the complaint against him.
The committee further warned that any repeat violation could attract stiffer sanctions, including disqualification from participating in elective politics.
"The Committee imposed several sanctions, including directing the legislator to issue a public apology and formally retract the offending remarks. He was also warned against committing similar violations in future, with the Committee cautioning that any subsequent breaches will attract more severe penalties, including the possibility of being barred from participating in elective politics," the Commission said.
The committee also referred the matter to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible offences under the Election Offences Act, exposing the MP to possible criminal proceedings in addition to the administrative sanctions imposed by the electoral body.
The decision marks one of the first major enforcement actions by the newly constituted Commission since it assumed office, underscoring its pledge to enforce electoral laws as the country begins preparations for the next General Election.
Speaking during the swearing-in of the new commissioners last week, IEBC Chairperson Erastus Edung Ethekon said the Commission would execute its constitutional mandate impartially and uphold the rule of law.
"We are fully aware of the enormous responsibility placed upon us by the Constitution and the people of Kenya. We commit to discharge our mandate independently, impartially and in strict fidelity to the Constitution and the law," Mr Ethekon said.
He also appealed to political actors to uphold peace and respect the country's electoral laws.
"The credibility of our elections is a shared responsibility. We call upon political parties, leaders, candidates and all stakeholders to respect the rule of law and conduct themselves in a manner that promotes peaceful, free and fair elections."
The Electoral Code of Conduct sets out standards of behaviour for political parties, candidates, agents and supporters during election periods. It prohibits acts such as hate speech, intimidation, incitement to violence, bribery and any conduct likely to undermine free and fair elections.
Under the Elections Act, the IEBC's Electoral Code of Conduct Enforcement Committee is mandated to hear complaints, determine whether breaches have occurred and impose sanctions where necessary.
Election observers have for years criticised the weak enforcement of the code, arguing that failure to punish offenders has encouraged impunity and heightened political tensions during election periods.
The Commission has, however, indicated that it intends to adopt a tougher approach as political activities gather pace ahead of the 2027 polls.
If the ODPP establishes that criminal offences were committed, Mr Gikaria could face prosecution under the Election Offences Act, which provides penalties ranging from fines and imprisonment to disqualification from holding or seeking elective office, depending on the offence.
The ruling is expected to serve as a warning to politicians that breaches of the Electoral Code of Conduct will attract both administrative and legal consequences as the IEBC seeks to restore public confidence in the management of elections.
