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

NAIROBI, Kenya — The High Court has dismissed a legal challenge brought by Nakuru Town East MP David Gikaria against sanctions imposed by the Independent Electoral and Boundaries Commission (IEBC) for a violation of the Electoral Code of Conduct. The court ruled that Gikaria failed to meet the requirements for the orders he sought, clearing the way for the enforcement of a Sh2.5 million fine and a requirement for him to issue a public apology and retraction.

The dispute arose from remarks Gikaria made during the campaign for the July 16 parliamentary by-election in Ol Kalou. The IEBC committee found his comments about cash handouts and the collection of national identity card details to be in breach of the Electoral Code of Conduct, which prohibits financial inducement of voters and misleading information about voting requirements.

Gikaria argued that the collection of ID details was necessary for accounting purposes and not intended to influence voters. The IEBC committee imposed the fine, ordered an apology and retraction, issued a formal warning, and referred the case to the Office of the Director of Public Prosecutions for potential election offenses. Gikaria challenged the proceedings, claiming they violated his rights to fair administrative action and a fair hearing, as well as raising concerns about his ability to respond to evidence presented.

On July 15, Justice William Musyoka certified the case as urgent and temporarily prevented the implementation of the IEBC sanctions pending the outcome of the judicial review. The court dismissed Gikaria's challenge, affirming the legal framework under which the IEBC can take action against violations of the Electoral Code of Conduct. The court also noted that the enforcement process is separate from criminal proceedings and emphasized the importance of sanctions in maintaining electoral integrity.