In a press release dated Wednesday, November 4, 2026, the commission announced that its Electoral Code of Conduct Enforcement Committee (ECCEC) had concluded Complaint No. 3 of 2026 concerning Omar.
The complaint arose from remarks the politician allegedly made during a public rally in Mombasa on September 11, 2026, which the commission considered potentially inflammatory and capable of undermining confidence in the integrity of elections.
According to the IEBC, Omar was summoned to appear before the committee on October 21, 2026. He honoured the summons and appeared in person, represented by an advocate, where he was given an opportunity to respond to the allegations and present his defence.
After considering the evidence, submissions and representations, the committee determined that Omar had breached paragraphs 6(k)(i) and 6(l) of the Electoral Code of Conduct.
IEBC Explains Why Hassan Omar Was Warned
In reaching its decision, the committee considered the context in which the remarks were made, as well as Omar's explanation that his words were intended figuratively to encourage voter registration and participation.
The committee also took into account his subsequent clarification and the absence of evidence of an actual electoral incident arising from the statements.
However, the IEBC maintained that the remarks, considered in their original Kiswahili form and ordinary meaning, invoked the use of a deceased person's biometric identifier to facilitate voting in that person's name.
The committee found that such language was inconsistent with the obligation under paragraph 6(l) of the Electoral Code of Conduct, which requires political actors to reassure voters about the integrity of the ballot.
Consequently, Omar was issued with a formal and strict warning and severe caution under paragraph 7(a)(i) of the Electoral Code of Conduct.
The commission further directed him to comply with the Code for the remainder of the applicable election period, particularly by avoiding language or conduct that could reasonably be understood as encouraging or normalising electoral malpractice.
IEBC Warns Hassan Omar Against Repeat Offence
The commission said the determination placed Omar on clear notice that any recurrence of similar conduct could attract a more severe sanction under the Electoral Code of Conduct and applicable law.
It described the decision as a formal enforcement action intended to establish clear consequences for future non-compliance.
The IEBC also used the determination to remind political leaders and other electoral stakeholders that freedom of political expression comes with responsibility.
While acknowledging that politicians have a constitutional right to campaign, criticise, debate, persuade and participate in political discourse, the commission warned that statements appearing to encourage or normalise electoral malpractice could undermine public confidence in the electoral process.
IEBC Sends Warning to Political Leaders Ahead of 2027 Elections
As Kenya prepares for the 2027 General Election, the commission called on political leaders, candidates, political parties, supporters and other electoral stakeholders to exercise restraint and responsibility in their public statements and conduct.
The IEBC emphasised that enforcement of the Electoral Code of Conduct should not be interpreted as an attempt to restrict legitimate political competition or freedom of expression.
It maintained that the purpose of the enforcement process was to protect electoral integrity and ensure that Kenyans could participate in elections with confidence that their votes would be protected and counted in accordance with the law.
The warning to Omar comes as political activity intensifies ahead of the 2027 polls, placing renewed attention on the conduct of politicians and the commission's responsibility to enforce electoral rules.
The IEBC said it would continue enforcing the law firmly, fairly and without fear or favour, while urging all stakeholders to protect the sanctity of the vote.
