NAIROBI, Kenya- The High Court has temporarily suspended the implementation of the Independent Electoral and Boundaries Commission (IEBC) decision requiring Nakuru Town East MP David Gikaria to pay a Sh2.5 million fine and issue a public apology over remarks made during campaigns for the Ol Kalou parliamentary by-election.
The interim orders mean the IEBC cannot enforce its ruling against the legislator until the court hears and determines his application challenging the commission’s decision.
On Tuesday, the IEBC Electoral Code of Conduct Enforcement Committee, chaired by Commissioner Alutalala Mukhwana, found Gikaria guilty of breaching the Electoral Code of Conduct through remarks the commission said amounted to voter inducement and misinformation during campaigns in Ol Kalou.
The electoral body had ordered the MP to:
- Pay a KSh2.5 million fine within 48 hours.
- Issue a public apology and retract the offending remarks.
- Refrain from making statements that could be interpreted as offering financial inducements to voters.
However, following the High Court’s intervention, enforcement of those directives has been put on hold pending the determination of the case before the court.
The dispute stems from remarks Gikaria made while campaigning for the United Democratic Alliance (UDA) candidate in the July 16 Ol Kalou parliamentary by-election.
The IEBC ruled that the statements violated provisions of the Electoral Code of Conduct intended to safeguard free and fair elections.
The court’s orders add to a growing list of legal challenges involving the IEBC’s enforcement of the Electoral Code of Conduct ahead of the closely watched Ol Kalou by-election.
The matter will now proceed before the High Court, which will determine whether the electoral commission’s decision should stand or be quashed after hearing arguments from all parties.