IEBC urges Nakuru Town East MP to pay Sh2.5m fine after court dismisses challenge

Independent Electoral and Boundaries Commission Chairperson Erastus Edung Ethekon at a past event. [File, Standard]

The Independent Electoral and Boundaries Commission (IEBC) has called on Nakuru Town East MP David Gikaria to comply with a Sh2.5 million fine and other sanctions imposed by its Electoral Code of Conduct Enforcement Committee after the High Court dismissed his challenge against the proceedings.

The High Court on Thursday dismissed Gikaria’s judicial review application challenging the proceedings and determination of the Electoral Code of Conduct Enforcement Committee in Case No. 2 of 2026.

Justice W. Musyoka ruled that Gikaria’s application had not met the threshold for the judicial review orders he was seeking and dismissed it, with no orders as to costs.

The court also discharged temporary orders issued on July 15, 2026.

Welcoming the judgment, IEBC Chairperson Erastus Edung Ethekon said the decision reaffirmed the commission’s constitutional and statutory mandate to enforce the Electoral Code of Conduct.

“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,” Ethekon said.

The commission said the court had affirmed the jurisdiction of its Electoral Code of Conduct Enforcement Committee to summon persons, hear complaints and make findings on alleged breaches of the code.

The court also noted that sanctions under the Electoral Code of Conduct include financial penalties, restrictions on campaigning, formal warnings and apologies, and disqualification.

IEBC said the court recognised that the electoral enforcement framework is separate from criminal proceedings.

It further highlighted the seriousness of voter bribery and schemes aimed at suppressing voter turnout, describing them as electoral wrongs that undermine democracy and require effective sanctions to deter such conduct.

Following the dismissal of Gikaria’s application and discharge of the temporary orders, IEBC has directed him to comply with the committee’s July 14 determination.

Among the orders issued by the committee was a Sh2.5 million fine and a requirement that Gikaria issue a public apology and retraction in accordance with the terms of the determination.

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

“The Commission emphasizes that compliance with the Electoral Code of Conduct is not optional. All persons participating in electoral processes, irrespective of their status or position, are required to observe the law and the applicable electoral standards,” Ethekon said.