High Court clears way for Sh2.5mn IEBC fine against Gikaria

**NAIROBI, Kenya, Oct 8 — The High Court has dismissed Nakuru Town East MP David Gikaria’s challenge against sanctions imposed by the Independent Electoral and Boundaries Commission (IEBC) over an Electoral Code of Conduct violation, clearing the way for enforcement of a Sh2.5 million fine and an order requiring him to issue a public apology and retraction. **

Justice William Musyoka dismissed Gikaria’s judicial review application on Thursday, finding that the MP had not met the threshold for the orders he sought. The court also made no order as to costs.

The judgment discharged temporary orders issued on July 15 that had suspended implementation of the IEBC Electoral Code of Conduct Enforcement Committee’s July 14 determination.

The committee’s sanctions therefore remain in force.

Case arose from Ol Kalou by-election campaign

The case followed complaints over remarks Gikaria made while campaigning ahead of the July 16 Ol Kalou parliamentary by-election.

The IEBC committee found that his remarks concerning cash handouts and the collection of national identity card details amounted to conduct prohibited under the Electoral Code of Conduct, including statements that could imply financial inducement of voters and mislead them about voting requirements.

Gikaria had defended the collection of ID details, saying they were used to account for beneficiaries and were not intended to influence the by-election.

“During voting, is it your ID that is used? No. People vote using their fingerprints.”

The committee subsequently imposed the Sh2.5 million fine, ordered Gikaria to issue a public apology and retraction, issued a formal warning against similar conduct and referred evidence to the Office of the Director of Public Prosecutions (ODPP) for investigation of possible election offences.

Gikaria challenged proceedings

Gikaria moved to the High Court after the IEBC determination, arguing that the proceedings violated his constitutional rights to fair administrative action and a fair hearing.

He challenged the decision to proceed with the hearing while he was reportedly unwell and raised concerns over the time available to respond to a cyber investigation report relied upon by the committee.

On July 15, Justice Musyoka certified the application as urgent and temporarily stayed implementation of the IEBC decision pending determination of the judicial review application.

The IEBC committee had earlier rejected an application to adjourn the July 14 proceedings after Gikaria’s lawyer said the MP had been admitted to hospital.

The committee said it had not been provided with sufficient medical documentation to substantiate the request and proceeded with the matter, noting that Gikaria was represented by advocates and that electoral proceedings are subject to statutory timelines.

Court upholds IEBC enforcement framework

In dismissing the challenge, the High Court affirmed the legal framework under which the IEBC Electoral Code of Conduct Enforcement Committee can summon persons, hear complaints and make findings on alleged breaches.

The court also recognised sanctions available under the framework, including financial penalties, restrictions on campaigning, formal warnings, apologies and disqualification, and noted that the enforcement process is distinct from criminal proceedings.

The judgment further underscored the seriousness of voter bribery and schemes aimed at suppressing voter participation, highlighting the need for effective sanctions to protect electoral integrity.

Following the ruling, the IEBC called on Gikaria to comply with the July 14 determination within the stipulated timelines, including payment of the fine and issuance of the public apology and retraction.

The commission said the ruling reaffirmed its constitutional and statutory mandate to enforce the Electoral Code of Conduct and safeguard the integrity of elections.