The High Court has dismissed Nakuru Senator David Gikaria’s application challenging sanctions imposed by the Independent Electoral and Boundaries Commission (IEBC) over remarks and conduct linked to the Ol Kalou parliamentary by-election campaign.
In a judgment delivered on Thursday, October 8, 2026, Justice W. Musyoka dismissed the judicial review application filed by Gikaria against the IEBC and its Electoral Code of Conduct Enforcement Committee, ruling that the application had not met the threshold for the judicial review orders he sought. The court also discharged temporary orders issued on July 15, 2026, which had been in force during the proceedings.
The decision leaves the committee’s July 14, 2026 determination in place. Under that determination, Gikaria was directed to pay a fine of Sh2.5 million and issue a public apology and retraction in accordance with the committee’s directions.
The committee had also recommended that the matter be referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible election offences. Following the judgment, the IEBC called on Gikaria to comply with the sanctions within the timelines set by the committee.
The commission said the court had reaffirmed its mandate to enforce the Electoral Code of Conduct, including the authority to summon individuals, hear complaints and make findings on alleged breaches of the code. It further noted that the code provides for sanctions such as financial penalties, restrictions on campaigning, formal warnings, apologies and disqualification. It said the enforcement framework is distinct from criminal proceedings.
The commission also emphasised that voter bribery and schemes intended to suppress voter turnout constitute serious electoral violations that undermine democratic processes and require effective sanctions.
It urged all political actors, candidates and other participants in electoral processes to comply with the Constitution, the Elections Act and the Electoral Code of Conduct, regardless of their status or position.
