NAIROBI, Kenya- The Independent Electoral and Boundaries Commission (IEBC) has issued Senator Hassan Omar with a formal and strict warning over remarks the electoral watchdog found could undermine public confidence in the integrity of the ballot.
The decision follows an Electoral Code of Conduct Enforcement Committee complaint over remarks Omar made during a public rally in Mombasa on September 11, 2026.
In a statement issued on Tuesday, the commission said its committee concluded Complaint No. 3 of 2026 after summoning the senator to appear before it on October 21.
Omar appeared before the committee in person and was represented by counsel, according to the IEBC.
He was given an opportunity to answer the allegations and present his defence before the panel reached its decision.
The commission said the committee found the senator had breached paragraphs 6(k)(i) and 6(l) of the Electoral Code of Conduct.
Committee considers explanation
The IEBC said the committee considered the context of the remarks, Omar’s explanation that his words were intended figuratively to encourage voter registration and participation, his subsequent clarification, and the absence of evidence of an actual electoral incident arising from the utterances.
However, it found that the words, in their original Kiswahili form and ordinary meaning, invoked the use of a deceased person’s biometric identifier to facilitate voting in that person’s name.
The committee said such language was inconsistent with an electoral actor’s obligation to reassure voters about the integrity of the ballot.
The decision is among the first major public enforcement actions announced by the reconstituted electoral commission as Kenya prepares for the 2027 General Election.
Formal warning issued
The IEBC said Omar had been issued with a formal and strict warning and severe caution under paragraph 7(a)(i) of the Electoral Code of Conduct.
He was directed to comply with the code for the remainder of the applicable election period and to avoid language or conduct that could reasonably be understood as encouraging, normalising or legitimising electoral malpractice.
The commission said the warning was intended to draw a firm line against a repeat of similar conduct.
It added that any subsequent breach could attract a more severe sanction under the Electoral Code of Conduct and other applicable laws.
“The determination is therefore a formal enforcement action under the Electoral Code of Conduct, and constitutes clear notice of the consequences of future non-compliance,” the IEBC said.
Warning to political leaders
The commission used the ruling to caution political leaders, candidates, parties, supporters and other stakeholders against public statements that could erode trust in the electoral process.
It said political actors have a constitutional right to campaign, criticise, debate, persuade and participate in political discourse, but noted that the right comes with responsibility.
According to the commission, statements that may be understood as advocating or normalising electoral malpractice can weaken public confidence in elections.
The IEBC said its enforcement of the code was not meant to suppress legitimate political competition or freedom of expression.
It maintained that vigorous political debate remains an essential feature of democracy, but said conduct that threatens the integrity of the electoral process cannot be tolerated
