Ol Kalou By-Election: Gikaria Ordered To Pay Sh2.5m, Apologize Over Electoral Violations

By Our Correspondent

Nakuru Town East MP David Gikaria has been ordered to comply with a Sh2.5 million fine, public apology and retraction after the High Court dismissed his challenge to an electoral conduct sanction.

The High Court at Milimani, Nairobi, dismissed Gikaria’s judicial review application challenging proceedings and a determination by the Electoral Code of Conduct Enforcement Committee.

The case, identified as High Court Judicial Review Application No. HCJR/E244/2026, was heard before Justice W. Musyoka.

The court found that Gikaria’s application had not met the threshold required for the judicial review orders he was seeking.

It consequently dismissed the application and made no order as to costs.

The court also discharged temporary orders issued on July 15, 2026, removing the legal barrier that had suspended implementation of the committee’s determination.

“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 chairman Erastus Ethekon.

The commission said the ruling reaffirmed the constitutional and statutory framework supporting its mandate to enforce the Electoral Code of Conduct.

It said the Electoral Code of Conduct Enforcement Committee has jurisdiction to summon persons, hear complaints and make findings on alleged breaches of the code.

The IEBC said the court also recognized that violations of the code can attract sanctions separate from criminal proceedings.

“The Court, in its judgment, reaffirmed the constitutional and statutory framework underpinning the Commission’s mandate to enforce the Electoral Code of Conduct,” Ethekon said.

The court noted that the Electoral Code provides for several sanctions, including financial penalties, restrictions on campaigning, formal warnings and apologies, and disqualification.

The ruling also highlighted the seriousness of electoral offences involving attempts to influence voter participation.

“Of particular significance, the Court noted that voter bribery and schemes intended to promote the suppression of voter turnout are critically serious electoral wrongs, and emphasized the importance of effective sanctions in deterring conduct that undermines electoral democracy,” the electoral boss said.

Following the dismissal of the case and discharge of the temporary orders, the commission called on Gikaria to comply with the directions issued by the Electoral Code of Conduct Enforcement Committee on July 14, 2026.

The determination requires Gikaria to pay a prescribed fine of Sh2.5 million.

It also requires him to issue a public apology and retraction in accordance with the terms set by the committee.

The committee further directed that the matter be referred to the Office of the Director of Public Prosecutions for investigations into possible election offences.

The IEBC said the former MP is expected to comply within the timelines set by the committee.

“The Commission emphasizes that compliance with the Electoral Code of Conduct is not optional,” the IEBC commission boss said.

The commission said all persons participating in electoral processes must observe the law and applicable electoral standards regardless of their status or position.

It also reaffirmed its commitment to what it described as impartial, independent and consistent enforcement of the Electoral Code of Conduct.

The IEBC urged political actors, candidates and other participants in electoral processes to conduct themselves in accordance with the Constitution, the Elections Act and the Electoral Code of Conduct. The ruling comes as political actors begin positioning themselves ahead of the 2027 General Election, placing renewed focus on enforcement of electoral rules and accountability