The Law Society of Kenya (LSK) has rejected proposals to postpone the upcoming Ol Kalou parliamentary by-election over alleged campaign malpractices, arguing that voters should not lose their constitutional right to elect a leader because of the misconduct of candidates or political actors. In a statement issued on Monday, LSK President Charles Kanjama said electoral offenders should be investigated and prosecuted under existing laws instead of denying residents the opportunity to vote.
According to the society, Kenya’s electoral laws already provide sufficient penalties for those found guilty of offences such as voter bribery, violence, misuse of public resources, and other forms of electoral misconduct.
The disenfranchisement of voters should never become the default consequence of misconduct committed by candidates, political actors or public officials
LSK President Charles KanjamaLSK Raises Concern Over Campaign Malpractices
The lawyers’ body said it has been monitoring the Ol Kalou by-election and expressed concern over reports of:
- Voter bribery through cash and goods distributed under the guise of empowerment programmes.
- Misuse of public resources and State machinery during campaigns.
- Participation of public officers in partisan political activities.
- Political intimidation and violence aimed at influencing voters.
LSK warned that such practices threaten the credibility and integrity of the electoral process.
Calls for Independent Enforcement of Electoral Laws
The society urged the Independent Electoral and Boundaries Commission (IEBC) to enforce election laws impartially and without political interference. It also called on the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Public Service Commission (PSC), and the National Police Service to investigate all reported electoral offences and prosecute those found responsible. According to LSK, electoral offences are criminal acts that undermine democracy, constitutional governance, and public confidence in elections.
A Key Test Ahead of the 2027 General Election
The society described the Ol Kalou by-election as an important indicator of Kenya’s readiness for the 2027 General Election. LSK noted that how institutions handle allegations of voter bribery, violence, and abuse of State resources will influence public trust in future elections.
To promote transparency, the society announced that it will deploy accredited election observers to monitor compliance with electoral laws, constitutional principles, and democratic standards throughout the by-election. The findings will be used to recommend measures aimed at strengthening electoral integrity and accountability.
IEBC Warns of Possible Postponement
The statement comes amid growing debate over whether the Ol Kalou by-election should proceed following reports of campaign violence and widespread voter bribery. Last week, IEBC Chairperson Erastus Edung Ethekon warned that the commission could postpone or even cancel the by-election if electoral offences continue. Speaking during the launch of the 2022 Pre-Election Dispute Resolution Report, Ethekon cited reports of large-scale voter bribery, political violence that has claimed one life, and the alleged use of State resources to influence voters.
The electoral commission has also warned that candidates found culpable of electoral offences risk disqualification from the race. While acknowledging the IEBC’s constitutional responsibility to conduct free, fair, and peaceful elections, LSK maintained that postponing the poll should only be considered in exceptional circumstances and strictly within the law.
