Activist moves to court seeking suspension of Ol Kalou by-election over poll integrity concerns

Activist moves to court seeking suspension of Ol Kalou by-election over poll integrity concerns
Activist moves to court seeking suspension of Ol Kalou by-election over poll integrity concerns - IEBC Chairperson Erastus Edung Ethekon. (Photo: X/IEBC Kenya)
IEBC Chairperson Erastus Edung Ethekon. (Photo: X/IEBC Kenya)

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Awino contends that the alleged incidents have created an atmosphere that falls short of the constitutional standards governing elections.

A public interest activist has petitioned the Independent Electoral and Boundaries Commission (IEBC) to postpone the Ol Kalou Constituency by-election slated for July 16, arguing that the prevailing political environment cannot guarantee a free, fair and credible election.
In the petition, Francis Awino claims the constituency has witnessed incidents of alleged violence, voter intimidation, bribery and misuse of state resources during campaigns, raising serious concerns over the integrity of the electoral process.
Awino contends that the alleged incidents have created an atmosphere that falls short of the constitutional standards governing elections.

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"The current electoral environment in Ol Kalou does not meet the constitutional threshold for a free, fair, transparent and peaceful election," the petition states.
The petitioner says information from residents, community leaders, civil society organisations and media reports points to a pattern of conduct capable of undermining public confidence in the outcome of the by-election.
He further alleges that some political actors have engaged in voter inducement through cash and material handouts, conduct which, if established, amounts to election offences under Kenyan law.

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The petition also calls for investigations into claims that senior government officials, including Cabinet Secretaries, participated in campaign activities in a manner that could violate the constitutional requirement for political neutrality in the public service.
"The cumulative effect of the reported electoral malpractices threatens the credibility, transparency and legitimacy of the forthcoming by-election," Awino argues in the court papers.
Awino cites Articles 10, 38, 73, 81, 86, 88 and 232 of the Constitution, together with 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 other circumstances that make the conduct of a credible poll impossible.
He is seeking orders directing the electoral commission to investigate the reported incidents, obtain reports from security agencies, election observers and civil society organisations, and determine whether the circumstances warrant invoking Section 55B of the Elections Act.
The activist also wants the IEBC to suspend the July 16 by-election until it is satisfied that the constituency has a peaceful, secure and constitutionally compliant electoral environment capable of delivering a credible vote.

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