How by-election flaws have exposed IEBC and police

Flaws in yesterday's by-elections have exposed numerous challenges facing institutions charged with conducting free, fair and credible elections.

Political pundits argue that institutions mandated with setting electoral standards provided in law have either failed in their work or they are deliberately abetting the vices to benefit some players.

Under focus are the Independent Electoral and Boundaries Commission (IEBC), Ethics and Anti-Corruption Commission (EACC), National Cohesion and Integration Commission (NCIC) and the National Police Service (NPS).

The opposition has complained about open bribery of voters, including dishing out of relief food, blankets and mattresses in Malava. Yesterday, the media also witnessed bribery of voters in Mbeere on election day.

In Malava, the IEBC Code of Conduct has been flouted with impunity. Broad-based government leaders led by President Ruto's aide Farouk Kibet have camped in the constituency for months campaigning before the official campaign period began.

It has been a high stakes campaign that Kenya Kwanza was determined to win by hook or crook. But it has not been an easy ride because, opposition leaders led by Trans Nzoia Governor George Natembeya and their DAP-K candidate Seth Panyako, have also given them sleepless nights.

The IEBC also ignored a recommendation by EACC that an aspirant who had been accused of Sh645 million public money fraud be denied a ticket to vie for the Mbeere parliamentary seat.

All these developments paint a worrying picture as the country heads to the 2027 presidential elections. The by-elections were conducted in only six constituencies and one county, as opposed to the 290 constituencies and 47 counties in the General Election.

Violence and electoral malpractice were reported in several areas, and in some cases police have been accused of abetting the vice. Candidates have also without repercussions ignored the IEBC code of conduct they signed.

In Narok Town ward by-election, Democratic Citizens Party (DCP) agents were attacked on Wednesday as they were preparing to observe the elections yesterday.

“People in police uniform came shooting live bullets in the air and lobbed teargas canisters into the room. They then destroyed our observation cards and certificates of oath,” said a DCP official.

Police have also not arrested goons responsible for damaging Malava DAP-K aspirant Seth Panyako’s six vehicles after they allegedly attacked a hotel at Kaburengu junction, despite leads being provided on the perpetrators identity.

DAP-K party leader Eugene Wamalwa told media, that Stanley Livondo allegedly hired goons from Kibera and Kariobangi to injure people in Malava.

"UDA candidate David Ndakwa should be disqualified by IEBC, if the commission is serious with its work. Otherwise these exercise is a sham,” said Wamalwa.

Violence was also witnessed in Kasipul throughout the campaign period. Yesterday, Homa Bay Town MP Peter Kaluma was attacked at Agoro Sare Primary School grounds, where heavy police presence was reported.

A week ago, IEBC summoned Kasipul aspirants Philip Aroko and ODM’s Boyd Were for engaging in violence. They were fined Sh1 million each. “Violence begets violence. Don’t expect the opposition and their supporters to just sit around and watch what is happening. This madness should be stopped now, otherwise we are setting a dangerous precedent for 2027,” says political analyst Martin Andati.

Last evening reports emerging from Nyamira also indicated that by-election in civic wards had also been marred by violence and torching of two vehicles. The Kabuchai Chwele ward in Bungoma ward has also reported violence.

The independence of political parties and blatant interference in the affairs of rival political parties, leading to aspirants dropping out of the race has also marred the process.

On Monday, DCP party leader Rigathi Gachagua was also stopped by police from addressing supporters in Narok town. He has blamed Inspector General Douglas Kanja of ordering police to disrupt his rallies.

He claimed that the IG ordered police to block all highways into and out of Narok town and to use live ammunition and teargas against crowds.

First, suspicion of some leaders in the governing Kenya Kwanza coalition inducing some candidates dropping out of the race in favour of UDA aspirants have surfaced during the campaign period.

Barely 24 hours before the election, Prime Cabinet Secretary Musalia Mudavadi oversaw withdrawal of Democratic National Alliance (DNA) party candidate Joab Burudi Manyasi, barely 24 hours before closure of the campaign.

The heavily publicised function was attended by UDA candidate David Ndakwa, UDA Vice Chairman Kelvin Lunani, Kakamega Deputy Governor Ayub Savula, Uasin Gishu Senator Jackson Mandago, and MPs Benard Shinali (Ikolomani) and Fred Ikana (Shinyalu).

Two aspirants who earlier stood down in the UDA party primaries in favour of David Ndakwa were also appointed to serve as diplomats in Uganda and South Africa.

Mudavadi announced the appointment of Simon Kangwana and Rhyan Injendi Malulu, to serve as Education Attachee at the Kenyan Mission in Uganda and Trade Attachee at the Kenyan High Commission in South Africa respectively.

They were among three aspirants promised government positions by President William Ruto in exchange for backing Ndakwa in the by-election.

It has been reported that the third aspirant Leonard Shimaka, has already been appointed a Commissioner at the Kenya Revenue Authority (KRA) for a three-year term.

The NCIC has also been blamed for sleeping on the job, occasionally giving feeble warnings to hate speech and to those beating drums of war.