The recent by-elections have peeled back the veneer of a functioning democracy and exposed a deeply corrupted electoral environment under equally compromised electoral management bodies, which has raised the level of trust deficit in the election process and their ability to conduct the next general election.
What should have been routine, democratic contests to fill vacant seats in 22 electoral areas instead became a display of state manipulation, opposition complicity, and calculated violence. Today, we are releasing accounts that show how state institutions and opposition actors planned and executed violations aimed at defeating the will of the people.
These violations formed part of a deliberate architecture, built on intimidation, bribery, misinformation, violence, and abuse of public resources to distort the electoral process and predetermine outcomes.
Intimidation and violence
Testimonies gathered from election monitors, journalists, and local observers indicate that state agencies played the most decisive role in orchestrating the violence and coercion that marked election day on November 27.
These by-elections were also marred by violence and intimidation across multiple constituencies. In Kasipul, two people were killed on the evening of November 6 in clashes between supporters of ODM’s Boyd Were and independent candidate Philip Aroko during a political rally in the Opondo area, Central Kasipul Ward, Homa Bay. Several others sustained injuries as gunshots were reported during the confrontations,
In Malava, violent clashes and roaming armed goons, some even escorted by police, created an environment of fear, as documented by observers. The goons appeared to be siding with the state-backed candidate, David Ndakwa, who also ran on the ruling party coalition, UDA.
Specific incidents highlighted the organized nature of these threats. MP Peter Kaluma, acting as an election observer at Agoro Sare Primary School, was attacked during the voting day by suspected goons, sustaining a head wound, and his bodyguard’s firearm was reportedly stolen.
In Mbeere North, polling agents were attacked en route to their stations, and at Siakago Social Hall, groups carrying crude weapons clashed during vote counting. Journalists covering the process had their phones confiscated, suggesting that coordinated efforts were being made to disrupt reporting.
Seth Panyako, a candidate in Malava, claimed that state goons stormed his hotel on the eve of the elections, targeting him and his staff to intimidate and disrupt electoral operations. Vehicles carrying money for voter inducement were reported to have altered number plates.
In Khwisero and Kasipul, police intercepted vehicles transporting crude weapons, indicating that armed groups were actively mobilized to influence the elections.
One area chief in Malava summoned women’s groups and youth leaders and warned them that voting for an opposition candidate would “invite trouble from Nairobi.” The cue was taken from Prime Cabinet Secretary Musalia Mudavadi and National Assembly Speaker Moses Wetangula, who said that the William Ruto regime would give state appointments to UDA aspirants who lost in the primaries.
The threat that voting for the opposition would strip away constitutionally protected rights frightened several voters, especially beneficiaries of state social protection programs, who said they feared losing stipends or bursaries if they voted “the wrong way.” The low voter turnout can be attributed to such tactics.
Such actions violated Article 81(e) of the Constitution, which requires elections to be free from intimidation, undue influence, and improper pressure, as well as Section 10 of the Election Offences Act, which criminalizes the coercion of voters.
State involvement deepened when police units in Malava, Mbeere North, and Kasipul constituencies were positioned as instruments of political enforcement. There were reports that police briefly blocked accredited election observers in Malava from entering the polling stations, while allowing ruling-party agents to operate freely. When voters protested, tear gas was fired, forcing families, some with infants, to flee.
Such actions breached Article 29(c) of the Constitution, which guarantees freedom from violence, and Section 104 of the Elections Act, which mandates facilitation, not obstruction, of voting and oversight.
Perhaps the most alarming finding is the involvement of the Interior Ministry in subverting the will of the people. Interior Cabinet Secretary Kipchumba Murkomen publicly warned political actors, party supporters, and citizens not to “protect votes” or remain around tallying centres, asserting that vote protection is solely the responsibility of the state. This was stated in Kasipul and other constituencies. While framed as a security directive, the statement discouraged civic oversight and limited lawful monitoring of the electoral process and created opportunities for manipulation and intimidation by those with access to state power.
Public Service Cabinet Secretary Geoffrey Ruku actively campaigned for the UDA candidate in Mbeere North, asserting that the constituency had “already decided” on their next MP, Wa Muthende. On election day, Ruku attempted to enter a polling station at Kanyuambora, only to be blocked by residents who accused him of interference. His public endorsement and attempts to physically access polling stations intimidated voters, pressured polling staff, and undermined electoral neutrality.
Embu Governor Cecily Mbarire, in a joint briefing with Ruku on November 26, claimed that opposition forces planned to intimidate voters in UDA strongholds and reassured residents regarding the security of the process. By framing opposition activity as a threat and dismissing credible allegations against the ruling party, the officials used their positions to influence public perception, swaying voters to align with government-preferred candidates.
Mudavadi, the Prime Cabinet Secretary, was not left behind, as he campaigned in Malava, urging voters to elect candidates “trusted by the President” and rewarding losing aspirants, including Simon Kangwana and Rhyan Injendi Malulu, with diplomatic appointments in Uganda and South Africa, respectively. Linking voter choices to presidential approval and future state rewards pressured citizens to vote in alignment with government preferences.
Misuse of state resources
Bribery emerged as the state’s most organised tactic. In virtually all 22 electoral areas, cash handouts were openly distributed during the campaign period by individuals identified by residents as state and county officials, who used government vehicles.
We observed extensive misuse of public resources to benefit candidates of the ruling party. In Baringo County, government ministers ceremonially launched a fiber-optic link and public Wi-Fi sites during the campaign period. While these projects were framed as development initiatives, their timing coinciding with election campaigns was a clear attempt to influence voters.
Similarly, in Mbeere North constituency, there were disturbing allegations that the ruling party’s candidate spent Sh600 million in state funds, deploying military helicopters, Air Force assets, and other government vehicles to support the campaign. As already stated, Cabinet Secretaries and senior county officials actively campaigned using official convoys and state platforms, blurring the line between government and political activity.
Several boda boda riders were paid Sh1,000 each to mobilise voters for the Broad-Based candidates at dawn on November 27. This violated Section 9 of the Election Offences Act, which expressly prohibits bribery before, during, or after voting.
The use of money to determine electoral outcomes undermines the principles set out for electoral systems that are free and fair, as they should be free from improper influence or corruption. It creates an unequal ground, thereby disenfranchising women, yout,h and persons with disability who do not have equal access to opportunities for access to resources to have an equal chance at being elected.
But it was not just about bribery using cash. State-allied individuals were captured on camera in Malava distributing mattresses branded “GOK” (meaning the Government of Kenya) and blankets to elderly voters.
Breaches of ballot secrecy and sovereignty of the vote
There were numerous violations of the secrecy of the ballot. In Mbeere North constituency, voters were openly encouraged to photograph their marked ballots, a tactic used to enforce vote-buying. Across Magarini, Kasipul, Mbeere, and Machakos, super agents, including government-affiliated officers such as CS Ruku, CS Alfred Mutua, and MP Kaluma, were seen visiting polling stations where they were not registered voters. Their presence was a deliberate attempt to influence voter behavior and intimidate polling staff.
On November 26, Murkomen announced the full deployment of security forces in “hotspot” areas. His remarks, coming a day before the ballot, exerted subtle pressure that there would be violence in the so-called “hotspots,” and this had the potential of suppressing voter turnout.
Furthermore, we note that many voters, especially young people, did not turn out to vote as a consequence of the above-mentioned electoral injustices. As a result, overall voter turnout was 20 percent, thus undermining the legitimacy of the process and outcome.
Institutional failures and weak oversight
The by-elections gave all the worrying signs of lethargy in Kenya’s key electoral and oversight institutions. While we acknowledge that the IEBC fined Aroko and Were Sh1 million each for electoral violence, we are concerned that it failed to rein in the massive voter bribery that occurred in all the electoral areas.
We also note that the IEBC allowed Wa Muthende to run in Mbeere North under the UDA ticket, despite credible allegations of corruption that implicated him in a Sh643 million oxygen plant scandal. Even though the EACC clarified that it only provided advisory input to the IEBC on Wa Muthende's suitability and did not clear him, it was concerning that it failed to take legal action to block his run for public office, as it had done for other candidates before.
It is incumbent on the IEBC to demonstrate its commitment to ensuring adherence to Constitutional requirements for safeguarding electoral integrity, including vetting of candidates for their eligibility in strict compliance with Chapter Six of the Constitution. IEBC must move with speed and exercise its mandate provided under Article 88 (4) (i) to regulate the amount of money that may be spent by or on behalf of a candidate or party in respect of any election by placing in parliament the necessary legislative amendments and regulations required to effectively implement the Election Campaign Financing Act of 2013.
Moreover, despite evidence of police escorting goons attacking opposition campaign teams and voters during the polling day, the IPOA remained silent on incidents of chaos, intimidation, and violence, while police largely failed to prevent attacks on voters, polling agents, and candidates. These institutional shortcomings enabled violations to occur unchecked, undermining the rule of law.
We are sending a clear warning shot to the political elite ahead of 2027. The violence, bribery networks, and breaches of the sovereignty of the vote demonstrate subversion of the democratic rights of the people of Kenya. Politicians should be aware that Kenyans are closely watching, monitoring, and documenting electoral-related anomalies and violations.
Recommendations
- The IEBC should admit its failure and apologize to Kenyans for failing to exercise its constitutional mandate in the management of elections. We urge them to conduct immediate, independent, and transparent investigations into all cases of election-related violence, intimidation, voter bribery, and human rights violations, ensuring those responsible are held accountable and issue a guarantee of non-repetition as we move towards 2027.
- The police should, pursuant to the Constitution, refrain from engaging in executive capture where they either commit or abet violence. The security apparatus must ensure that future electoral security operations fully adhere to human rights standards, with clear identification of officers and the proportional use of force at all times.
- We call upon IPOA to initiate investigations into the police excesses witnessed during the by-elections.
- We call for the reinforcement of Chapter 6 of the Constitution to strengthen the vetting of candidates and minimize criminal and unethical conduct during elections.
- We demand full implementation of the Campaign Financing Act to streamline the use of illicit money and public resources during campaigns.
- Map out potential hotspots of electoral violence and voter manipulation ahead of the 2027 General Election, enabling targeted prevention and protection measures.
- Implement voter confidence-building measures, including public information campaigns, engagement with communities, and reassurance of safe voting environments, to encourage higher participation in future.
- Provide regular public updates on investigations to promote transparency and restore public confidence in electoral integrity.
Elections should be a safe, dignified, and free expression of the people’s will, not a trigger for fear, violence, or coercion. We urge all stakeholders to take proactive measures to safeguard Kenya’s democracy and protect the rights and lives of all voters.
Signed by:
- Independent Medico-Legal Unit
- Inuka Kenya Ni Sisi!
- Kenya Human Rights Commission
- Siasa Place
- Transparency International Kenya
