The Kenya Human Rights Commission (KHRC) is concerned about electoral violence, voter intimidation, voter bribery, and the misuse of public resources ahead of the Ol Kalou Parliamentary by-election on July 16. The by-election was occasioned by the death of David Kiaraho.

These developments fall short of the standards set by the Constitution, particularly Article 38, which guarantees every Kenyan the right to make political choices freely, and Article 81(e), which requires elections to be free from violence, intimidation, improper influence and corruption, and to be conducted transparently, impartially and accountably.

Although the Independent Electoral and Boundaries Commission (IEBC) cleared nine candidates who publicly committed to peaceful campaigns, the campaign period has been marked by incidents that threaten the credibility of the electoral process.

There have been deadly clashes between rival political supporters, leaving at least eight people injured, damaging property and disrupting campaign events. KHRC is equally concerned by credible reports that government programmes and official activities intensified alongside political campaigns. Public resources must never be used, or appear to be used, to confer an electoral advantage. Articles 10 and 232 of the Constitution, together with the Leadership and Integrity Act and the Public Officer Ethics Act, require public officers to exercise power impartially and in the public interest.

KHRC has also taken note of reports that a section of Ol Kalou voters was invited to the State House shortly before polling day. While KHRC cannot independently verify those claims, public officials must avoid conduct that creates a perception of political favour or undue influence during an election.

The Constitution places clear obligations on institutions responsible for the electoral process. Under Articles 86 and 88, the IEBC must conduct elections that are transparent, accurate, accountable and impartial. The Election Offences Act criminalises voter bribery, intimidation and violence, while Article 238 requires security agencies to discharge their mandate in a manner that respects human rights and fundamental freedoms.

KHRC demands:

  1. The IEBC to administer the election independently, impartially and transparently, and ensure every eligible voter can vote freely and that the results reflect the sovereign will of the electorate.
  1. The National Police Service, per the law, to provide security to all, ensure all deployed officers are clearly identifiable, and act promptly against perpetrators of electoral offences.
  2. The Ethics and Anti-Corruption Commission (EACC) to investigate reports of misuse of public resources and abuse of public office, and take appropriate actions against offenders.
  3. The Office of the Director of Public Prosecutions (ODPP) to prosecute electoral offences promptly, regardless of the status or political affiliation of those involved.
  4. Political parties, candidates, and their supporters to reject violence, intimidation, hate speech and voter bribery.
  5. The people of Ol Kalou to reject inducement and intimidation, and exercise their constitutional right to vote freely.