The Law Society of Kenya (LSK) has warned against postponing the Ol Kalou by-election over campaign-related irregularities, saying such a move should only be considered as an exceptional measure within the limits of the Constitution and the law.
In a statement on Monday, the society raised concerns over the alleged use of public resources, government programmes, public offices and state machinery to support political campaigns.
It further raised concerns over the involvement of public officers in partisan political activities, deployment of violence, intimidation, organised groups and threats aimed at influencing voter behaviour or limiting political participation.
LSK President Charles Kanjama said postponing the election should not become the default response to misconduct by candidates, political actors or public officials, noting that existing legal measures are available to deal with electoral offenders.
“While the Society recognises the constitutional responsibility of IEBC to ensure peaceful, lawful and credible elections, postponement of an election must remain an exceptional measure exercised strictly within the confines of the Constitution and the law,” Kanjama said.
He said denying voters an opportunity to elect their representative should not be used as a solution to electoral violations, adding that those responsible should instead face legal action.
“The disenfranchisement of voters should never become the default consequence of misconduct committed by candidates, political actors or public officials. Existing legal mechanisms provide adequate sanctions against electoral offenders, including investigations, prosecutions, fines, disqualification proceedings and other statutory remedies,” LSK said.
The society said the focus should remain on ensuring accountability for individuals who violate electoral laws while protecting the constitutional right of citizens to participate in elections.
LSK also called on the Independent Electoral and Boundaries Commission (IEBC) to enforce its mandate independently and ensure that no person, political party, public officer or institution is above the law.
The society urged the Directorate of Criminal Investigations (DCI), Office of the Director of Public Prosecutions (ODPP), Ethics and Anti-Corruption Commission (EACC), Public Service Commission (PSC), National Police Service and other relevant agencies to investigate and take action against anyone found to have breached electoral laws.
LSK said it had noted reports and public information suggesting widespread electoral malpractice, voter inducement, political intimidation, inflammatory remarks and other conduct capable of affecting the credibility of the Ol Kalou Parliamentary By-Election.
The society said it had received allegations involving distribution of goods, cash and other benefits to voters during the campaign period under the guise of empowerment programmes.
It added that some actions reported could amount to electoral offences under the Election Offences Act, including voter bribery, abuse of state resources and undue influence.
“The Law Society of Kenya reiterates that electoral offences are not mere political infractions; they are criminal acts that strike at the heart of constitutional governance and democratic legitimacy. The appropriate response to allegations of electoral misconduct is the prompt, impartial and effective enforcement of the law against the individuals responsible,” the society said.
LSK said the Ol Kalou by-election will provide an important test for Kenya’s electoral governance framework and the preparedness of institutions responsible for protecting election integrity ahead of the 2027 General Election.
It added that the manner in which electoral laws are enforced during the by-election will influence public confidence in future electoral processes.
“The Law Society of Kenya condemns all forms of violence, intimidation, incitement and lawlessness from whatever quarter they may arise,” reads the statement.
The society said constitutional rights under Articles 37 and 38, including political participation, assembly, association and freedom of expression, can only be enjoyed in an environment that is safe, peaceful and respectful of the rule of law.
LSK further announced that it will deploy accredited election observers to monitor the Ol Kalou Parliamentary By-Election.
Through the observation mission, the society said it will independently assess compliance with constitutional principles, electoral laws and democratic standards throughout the electoral process.
“The observations gathered by LSK’s observers will inform the Society’s engagement with relevant institutions and contribute to recommendations aimed at enhancing electoral integrity, accountability, transparency, and public confidence in Kenya’s electoral processes,” it said.
The society said it will continue monitoring developments through election observation initiatives, public interest interventions, legal analysis and advocacy work aimed at safeguarding electoral integrity and constitutional democracy.
LSK urged political actors, candidates, public officers, state agencies and members of the public to uphold the Constitution, respect democratic institutions and commit to peaceful, lawful and issue-based campaigns.
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