The High Court in Nairobi has dismissed a judicial review application by Nakuru East MP David Gikaria challenging proceedings and a determination by the Independent Electoral and Boundaries Commission’s (IEBC) Electoral Code of Conduct Enforcement Committee.
In a judgement delivered at the Milimani Law Courts, Justice W. Musyoka ruled that Gikaria had not met the threshold required for the judicial review orders he sought.
The court also discharged temporary orders issued on July 15, 2026, clearing the way for the IEBC to pursue compliance with the committee’s determination issued a day earlier, on July 14.
In a statement, IEBC Chairperson Erastus Edung Ethekon welcomed the ruling, saying enforcement of the Electoral Code of Conduct was central to the commission’s constitutional and statutory mandate to protect the integrity of elections.
Ethekon said the court had reaffirmed the legal framework empowering the commission, through its enforcement committee, to summon individuals, hear complaints and make findings on alleged breaches of the electoral code.
The court also recognised the sanctions available under the code, including financial penalties, restrictions on campaigning, formal warnings, public apologies and disqualification.
According to the IEBC, the court emphasised that enforcement of the code operates separately from criminal proceedings, allowing electoral misconduct to be addressed through the established regulatory framework.
The commission further highlighted the seriousness of voter bribery and schemes intended to suppress voter turnout, saying effective sanctions were necessary to deter conduct that undermines electoral democracy.
Following the dismissal of the application and discharge of the temporary orders, the IEBC has called on Gikaria to comply with the committee’s determination within the timelines set out in the decision.
The directives include payment of a Sh2.5 million fine and issuance of a public apology and retraction in accordance with the committee’s terms.
The committee had also directed that the matter be referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible election offences.
The referral is for investigations and does not, in itself, establish criminal liability.
The commission said it expected Gikaria to comply with the directives, stressing that adherence to the Electoral Code of Conduct was mandatory for everyone participating in electoral processes, regardless of political standing or public office.
“There is no exemption from the law based on status or position,” Ethekon said in its statement, reiterating its commitment to impartial and consistent enforcement of electoral standards.
He called on political leaders, candidates and other participants in electoral processes to conduct themselves in accordance with the Constitution, the Elections Act and the Electoral Code of Conduct.
Ethikon said strict observance of electoral rules was essential to protecting voters, promoting accountability and maintaining public confidence in Kenya’s electoral processes.
The ruling reinforces the IEBC’s position that its Electoral Code of Conduct Enforcement Committee has the authority to address alleged breaches through the procedures and sanctions provided for under the law.
The High Court dismissed the application without making any order as to costs.
By Joseph Ng’ang’a
