IEBC defends failure to punish early campaigns, cites legal limits

The Independent Electoral and Boundaries Commission (IEBC) has defended its inability to punish politicians for early campaigns, arguing that its powers to enforce campaign rules only take effect once the official campaign period is declared.

Speaking during an interview with NTV on Wednesday, IEBC Commissioner Alutalala Mukhwana said many politicians knowingly exploit the legal limitation and then accuse it of selective enforcement, even though the law does not allow it to act before campaigns officially begin.

“What I think that politicians do is that they deliberately adopt stances which undermine the credibility of the institution. If you look at what happens out of the campaign period, you saw what happened in Keumbu; you’ve seen our politicians basically campaigning, and then we are told bad utterances were made. Why are you not punishing?” We are not in an electoral campaign period," he said.

The commissioner said the official election period for the 2027 General Election is expected to begin around August next year, adding that until then, the IEBC cannot legally prosecute or punish political actors under campaign regulations.

He said whatever happens before the election period is likely to affect the electoral environment and how the final results are received by Kenyans.

Mukhwana also noted that the commission has repeatedly faced criticism for failing to take action against political leaders making inflammatory remarks at public gatherings, including funerals and other social events, yet such activities fall outside its legal mandate before the official campaign period.

He warned that continued attacks against the commission could create a situation where the outcome of the 2027 General Election may not be accepted by both winners and losers if public confidence is not restored.

“IEBC will preside over these elections in 2027, and the ground would have been prepared for rejection of the results, either way. And the result would be that whoever wins will not be accepted, and whoever loses will not accept," Mukhwana said.

He blamed politicians for making unverified statements that have affected public trust in the electoral body, saying it is in the interest of Kenyans for the IEBC to effectively carry out its duties.

Mukhwana also criticised public officials accused of violating electoral laws, saying their actions have made the IEBC’s work harder by creating a perception that the commission favours the government. He urged Kenyans to reject leaders promoting tribal politics and division.

He further defended the current IEBC team against criticism linked to past commissions, saying the new leadership should be judged by its own performance.

"I'm only one year here. Whose vote have I stolen? We are paying for the sins of our fathers, not our own sins. Kenyans must be kind to us and give us a chance," he posed.

The commissioner said the IEBC has faced scrutiny over its preparedness for the 2027 General Election, including concerns over the voter register, by-elections, election violence and voter bribery allegations.

In the Ol Kalou parliamentary by-election, rival political camps have accused each other of influencing voters using cash, government-branded mattresses and gas cylinders.

Mukhwana said the IEBC cannot be blamed for violence during elections, as security is handled by other agencies.

"People say IEBC should stop violence. That is not our mandate. Our responsibility is to conduct and supervise elections. Security is the responsibility of the police and other agencies," he said.

He said the current commission has conducted 32 by-elections, with only two ending up in court, adding that none of the petitions found the IEBC guilty of electoral malpractice.

Mukhwana said the IEBC works with agencies including the National Police Service, NCIC, EACC and IPOA to support peaceful elections.

He added that the commission’s role is to prepare and supervise elections, train polling officials, ensure election materials are delivered safely and declare results that reflect the will of voters.

"We should be judged on what we do, not on our history," he said.