Nakuru Town East MP David Gikaria /HANDOUTIEBC has ordered Nakuru Town East MP David Gikaria to pay a Sh2.5 million fine and issue a public apology after the High Court dismissed his application challenging sanctions imposed over voter bribery and campaign misinformation during the Ol Kalou parliamentary by-election campaigns.
In a statement issued on Thursday, October 8, IEBC said the High Court at Milimani, Nairobi, had dismissed Gikaria’s judicial review application, clearing the way for enforcement of the Electoral Code of Conduct Enforcement Committee’s determination issued on July 14, 2026.
The court, presided over by Justice W Musyoka, found that Gikaria’s application had not met the threshold for granting the judicial review orders he had sought.
The ruling also discharged temporary orders issued on July 15, which had halted enforcement of the sanctions pending the determination of the case.
“The Commission welcomes the determination of the Court and reiterates that the enforcement of the Electoral Code of Conduct is an integral part of the Commission’s constitutional and statutory mandate to safeguard the integrity of elections and electoral processes,” IEBC chairperson Erastus Edung Ethekon said.
The commission called on Gikaria to comply with the committee’s directives within the stipulated timelines, including payment of the Sh2.5 million fine and issuance of a public apology and retraction.
The case arose from complaints over remarks Gikaria made during campaigns ahead of the July 16 Ol Kalou parliamentary by-election, including statements about cash handouts and the collection of recipients’ national identity card details.
The commission accused the legislator of voter bribery and misleading voters about electoral processes. The committee found that his remarks implied financial inducement and issued sanctions under the Electoral Code of Conduct.
Gikaria had defended the distribution of money, arguing that the exercise was intended to support beneficiaries and was unrelated to the by-election. He also maintained that there was no evidence that voters had been promised financial rewards in exchange for voting in a particular way.
The committee, however, found the evidence presented during its proceedings sufficient to establish breaches of the code and ordered the legislator to pay the fine and issue a public apology and retraction.
IEBC also directed that the matter be referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible election offences.
The commission said the court had reaffirmed its constitutional and statutory authority to enforce the Electoral Code of Conduct through its enforcement committee, including the power to summon individuals, hear complaints and make findings on alleged breaches.
The court also recognised the range of sanctions available under the code, including financial penalties, restrictions on campaigning, formal warnings, apologies and disqualification.
IEBC further highlighted the court’s observations that voter bribery and schemes intended to suppress voter turnout were serious electoral wrongs requiring effective sanctions to protect democratic processes.
“Compliance with the Electoral Code of Conduct is not optional,” Ethekon said, adding that all participants in electoral processes must observe the law regardless of their status or position.
The commission urged political actors, candidates and other participants to conduct themselves in accordance with the Constitution, the Elections Act and the Electoral Code of Conduct as Kenya prepares for the 2027 general election.
Although the High Court’s decision allows IEBC to proceed with enforcement of the sanctions, the referral to the ODPP is for investigations into possible election offences and does not, by itself, establish criminal liability.
