IEBC warns over attempts to interfere with polling, tallying areas as vote counting begins

The Independent Electoral and Boundaries Commission (IEBC) has warned against any attempts to interfere with polling and tallying areas as vote counting gets underway across the 22 electoral areas following Thursday’s by-elections.

In a statement, IEBC Chairperson Erastus Ethekon said no unauthorised person will be allowed into the protected areas during counting and verification.

“As voting concludes, the Commission reiterates that access to polling stations during counting, and to tallying centres during verification, will strictly follow the law,” Ethekon said.

He noted that pursuant to the Elections Act, 2011 and Regulations 62, 63, 67, 79, 83, and 87, only the IEBC officials on duty, accredited party and candidate agents, duly accredited observers, assigned security personnel and credited media (where applicable) are permitted in those areas.

The Commission also expressed concerns over incidents of violence, intimidation and disruption witnessed during the by-elections, warning that the acts violated constitutional provisions intended to safeguard credible elections.

“The Independent Electoral and Boundaries Commission (IEBC) notes with grave concern the incidents of violence, intimidation and disruption reported in parts of the country during today’s by-elections, and condemns in the strongest terms possible the acts of violence, hooliganism, and lawlessness experienced in some electoral areas,” read the statement.

IEBC said the disruptions breached Article 81(e) of the Constitution, which requires elections to be free from violence, intimidation, improper influence or corruption and also undermined Article 86, which outlines the principles of simple, accurate, verifiable, secure, accountable and transparent elections.

The Commission added that the behaviour contravened the Elections Act, 2011, the Election Offences Act, 2016, and the Elections (General) Regulations, 2012, which prohibit obstruction of officials, interference with voting or counting, and any conduct that disrupts orderly elections. It further raised concern over claims that political actors and public figures may have exacerbated tensions.

“Such behaviour is unlawful, irresponsible, and unacceptable in a democratic society,” Ethekon said.

He reiterated that tallying centres remain protected areas and that any attempt to access them without accreditation will be treated as a violation of the law.

“Tallying Centres are protected areas, and no unauthorised persons will be admitted,” he said.

IEBC called on security officers deployed for election duties to remain alert throughout the counting, tallying and results declaration phases. It urged the National Police Service and the Directorate of Criminal Investigations to probe all reported incidents of violence and ensure those found culpable are held to account.

The Commission also stated that its Elections Code of Conduct Committee will take action on complaints relating to breaches of the Elections Code of Conduct and other electoral laws. Despite the isolated incidents, it commended the majority of voters for maintaining peace.

“The few incidents of violence should not overshadow the commendable commitment demonstrated by the majority of voters in exercising their democratic right to elect leaders of their choice,” it said.

Ethekon affirmed that IEBC remains committed to concluding the electoral process in full compliance with the Constitution and the laws of Kenya, adding that the public would be informed of the final results once verification is complete.

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Vote counting began in most polling stations shortly after 5:00 pm, with some locations extending the closing time where polling started late due to logistical delays. The by-elections covered 22 electoral areas, including the Baringo senatorial contest and parliamentary races in Ugunja, Magarini, Kasipul, Malava, Banissa and Mbeere North.

Under the Elections Act, presiding officers must open ballot boxes, count votes and record results transparently in the presence of agents, observers and the media. Agents are also allowed to photograph results forms, while each polling station is required to publicly display its results.

Once counting is complete, presiding officers transmit results to constituency returning officers, who verify and tabulate the figures before declaring winners.

“Any aggrieved party is reminded that the courts of law remain the lawful avenue for electoral dispute resolution,” IEBC said in an additional brief.

In Mbeere North, tallying began under tense circumstances after police used teargas and fired in the air outside the Siakago Social Hall to disperse crowds attempting to force their way into the tallying centre.

Chaos broke out shortly after counting began, with police lobbing teargas as armed youths milled around the area. Youths wielding rungus were seen dispersing residents who had gathered outside the tallying venue, prompting a heavy security response.