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Written by

Okinda Benjamin

Dec 10, 2025

5 min read

Human righst commision dismisses by-elections as unfree and unfair, cites violence and deaths

"KNCHR Commissioner Prof. Marion Mutugi says that they cannot conclude that the election was free and fair."

Human righst commision dismisses by-elections as unfree and unfair, cites violence and deaths background
Human righst commision dismisses by-elections as unfree and unfair, cites violence and deaths

The Kenya National Commission on Human Rights (KNCHR) has faulted the credibility of the just-concluded by-elections, accusing electoral officials and security agencies of overseeing a process marred by violence, intimidation and secrecy.

In a report released on Tuesday, the commission said the polls fell short of the constitutional threshold for free and fair elections, citing denial of access to tallying centres, election-related deaths and widespread irregularities. KNCHR Commissioner Prof. Marion Mutugi said observers from the commission were blocked from entering the Siakago and Mwomboni North tallying centres, raising doubts about the integrity of the results. “Our officers were locked out of two tallying centres, Siakago and Mwomboni North. We cannot conclude that the election was free and fair,” Mutugi said.

The by-elections, held to fill vacant parliamentary and county assembly seats following deaths, court nullifications and resignations, were conducted amid heightened political tension and heavy police deployment in several constituencies. Similar polls in recent years have been criticised by rights groups and opposition parties for violence and state interference.

KNCHR said the latest by-elections were characterised by the use of hired goons, involvement of government officials, open bribery of voters and intimidation of election officials and observers. The commission documented three deaths linked to election-related violence, with two cases reported in Kasipul constituency and one in Kabuchai.

KNCHR Chairperson Claris Ogangah said the violence reflected a dangerous trend in Kenya’s electoral politics. “We recorded three deaths, two in Kasipul and one in Kabuchai… the election was marred with serious illegalities,” Ogangah said.

The report also points to a broader deterioration in the country’s human rights situation. According to KNCHR, the year 2025 has so far recorded 57 deaths linked to human rights violations and 616 complaints filed across the country. “We have recorded 57 deaths and received 616 complaints of violations, including the death of Albert Ojwang,” Ogangah said.

KNCHR has now demanded action from the Inspector General of Police and the Independent Policing Oversight Authority (IPOA) against officers implicated in abuses during the by-elections. “The Inspector of Police and IPOA must ensure that officers who break the law are held to account. That is the only way the country will change,” Ogangah said.

The KNCHR findings come just hours after Independent Electoral and Boundaries Commission (IEBC) Chairperson Edung Ethekon defended the conduct of the by-elections, insisting they were transparent and accountable. Ethekon said every eligible voter was given a fair opportunity to vote, a position now sharply contested by the rights commission.

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