Maraga warns of democratic erosion after Ol Kalou by-election bribery, intimidation

Former Chief Justice David Maraga has criticised the conduct of the Ol Kalou by-election, alleging that violence, voter intimidation and bribery compromised the integrity of the poll and warned that the events could have wider implications for Kenya’s democratic future.

In a statement, Maraga described the election as “the most serious degradation of our democracy yet”, accusing state agencies of failing to protect the people’s right to freely choose their leaders.

He said reports from election observers, human rights groups and journalists painted a troubling picture of the electoral environment, claiming that voters were subjected to undue influence and intimidation.

“It is an assault on the sovereign will of the people, carried out in broad daylight and financed, by all credible accounts, with the resources of the very state that is constitutionally bound to protect the ballot,” Maraga said.

The former Chief Justice further claimed that some voters were offered money and household goods in exchange for their votes, while violence was reported in parts of the constituency.

“This is not democracy. This is impunity wearing the mask of an election,” he said, adding that the alleged actions violated constitutional guarantees on free and fair elections.

Maraga, who served as Chief Justice from 2016 to 2021, said his experience handling election disputes gave him a clear understanding of the standards required for a credible electoral process.

“I have sat as Chief Justice of this Republic and adjudicated on what a free and fair election means,” he said. “I will not now stand by and watch that standard be quietly buried in a single-constituency by-election.”

He warned that allowing alleged electoral violations to go unaddressed could have far-reaching consequences beyond Ol Kalou.

Maraga called on the Independent Electoral and Boundaries Commission (IEBC), the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) to investigate the allegations and take action against anyone found responsible.

He also renewed his call for accountability within the security sector, accusing police of failing to protect citizens and uphold their voting rights.

Despite his criticism of the process, Maraga congratulated Democracy for the Citizens Party (DCP) candidate Sammy Douglas Kamau Ngotho on his victory, saying the win came “in spite of the aforementioned circumstances.”