NAIROBI, Kenya – Just days before voters head to the polls, the Ol Kalou Constituency by-election has been hit by a fresh legal challenge after a public interest activist petitioned the Independent Electoral and Boundaries Commission (IEBC) to postpone the exercise over alleged electoral irregularities.
Francis Awino wants the electoral commission to suspend the July 16 by-election pending investigations into claims of violence, voter intimidation, bribery and the alleged misuse of state resources during the campaign period.
In the petition, Awino argues that the prevailing political environment in Ol Kalou falls short of the constitutional standards required to conduct a free, fair, transparent and peaceful election.
He says reports from residents, community leaders, civil society organisations and media outlets point to incidents that could undermine the credibility and integrity of the upcoming vote.
The petitioner further alleges that rival political camps have engaged in confrontations while some voters have allegedly been targeted with monetary and material inducements to influence their choices, actions that could amount to election offences if proven.
Awino has also called on the IEBC to investigate allegations that senior state and public officers, including Cabinet Secretaries, participated in campaign activities in a manner that may have breached the constitutional requirement for political neutrality within the public service.
According to the petition, the cumulative effect of the alleged malpractices has created an electoral environment that could compromise the credibility of the by-election if the poll proceeds as scheduled.
The petition cites Articles 10, 38, 73, 81, 86, 88 and 232 of the Constitution, alongside Section 55B of the Elections Act, which empowers the IEBC to postpone an election where there is a serious breach of peace, widespread electoral malpractice or circumstances that make the conduct of a credible election impossible.
Among the orders sought, Awino wants the commission to investigate all reported electoral violations, obtain reports from security agencies, election observers and civil society organisations, and invoke Section 55B to postpone the poll until a peaceful and constitutionally compliant electoral environment is restored.
The petition comes amid heightened political activity in Ol Kalou ahead of Thursday’s by-election.