The Independent Electoral and Boundaries Commission (IEBC) has imposed a KSh2.5 million fine on Nakuru Town East MP David Gikaria over the remarks he made during the Ol Kalou parliamentary by-election campaign.
In a ruling delivered on Tuesday, July 14, the IEBC Electoral Code of Conduct Enforcement Committee, chaired by Commissioner Alutalala Mukhwana, directed the MP to pay the fine within 48 hours and issue a public apology on July 15, at the Commission’s University House offices.
The committee further warned that failure to comply with its directives could result in additional sanctions, including barring the MP from participating in any electoral activities conducted or supervised by the Commission.
“The Honorable David Gikaria is hereby condemned to pay a fine of Kenya Shillings 2.5 million within 48 hours of this determination,” Mukhwana said.
Committee Finds David Gikaria Guilty on All Charges
According to the committee, it considered submissions from both parties together with authenticated digital evidence before concluding that Gikaria was culpable on all three allegations brought against him.
In addition to imposing the financial penalty, the committee issued the MP a formal warning against making statements that could be interpreted as offering financial inducements to voters. It also cautioned him against making misleading remarks about the legal requirements for voting in an election.
Also Read: IEBC Sets Tough Conditions for Agents and Voters Ahead of Ol Kalou By-Elections
“The respondent, the Honorable David Gikaria, is hereby issued a severe formal warning to cease and desist forthwith and forever from making statements that imply financial inducement or reward to the electorate,” Mukhwana ruled.
The committee also ordered Gikaria to publicly retract the remarks, apologize to the people of Ol Kalou and the country, and undertake not to repeat such conduct.
In addition, the committee directed that the authenticated video evidence presented during the proceedings be forwarded to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible offenses under the Election Offenses Act.
If criminal offenses are established, the committee recommended that the MP be prosecuted in accordance with the law.
IEBC Rejects Bid to Delay Case
Before delivering its ruling, the committee dismissed Gikaria’s application to postpone the hearing after his lawyer claimed the MP had been hospitalized.
This was the third time the legislator had failed to appear before the committee. His lawyer, Michael Mbongi, told the panel that Gikaria had been admitted to Nakuru Specialist Hospital after his health deteriorated.
However, the committee found that no admission records, medical reports or treatment documents had been produced to support the claim.
Also Read: IEBC Reveals Plan to Delay Ol Kalou By-Election Until 2027
Instead, the only document presented was a letter dated July 13 from Nakuru County Referral and Teaching Hospital recommending that the MP rest at home.
The committee noted that the letter had been issued after the previous day’s proceedings, during which it had already granted the defense an adjournment despite the absence of supporting medical evidence.
“The application for adjournment is officially dismissed. The committee has ordered the proceedings to commence immediately, noting that the respondent has been granted adequate time and is actively represented by his counsel,” the committee ruled.
The panel further observed that election disputes are time-sensitive and cannot be delayed indefinitely, especially where a respondent is represented by legal counsel.
Case Stems From Ol Kalou Campaign Remarks
The case stems from comments Gikaria allegedly made while campaigning for the July 16 Ol Kalou parliamentary by-election. He is accused of telling voters that they would not need to present physical national identity cards to vote.
The committee also investigated allegations that the remarks were made while the MP defended the recording of residents’ identity card details during the distribution of more than KSh1.2 million in cash handouts.
The allegations were reviewed under Paragraph 6(i) of the Electoral Code of Conduct, which prohibits candidates and political actors from offering rewards or incentives to voters to influence their political choices.
In his defense, Gikaria denied any misconduct, maintaining that the exercise was not intended to influence the by-election. He argued that Kenya’s voting process is based on biometric voter identification and not solely on national identity cards.
Gikaria added that the collection of ID details was intended only to confirm that the funds were disbursed to the correct beneficiaries.
“The claims that the collection of National ID details was aimed at influencing the vote in Ol Kalou Constituency by-election are not true at all; Kenya’s electoral system relies on biometric verification rather than identity cards alone,” Gikaria said.
He also told the committee that the outreach programme attracted a larger crowd than anticipated, forcing him to spend more money than originally planned, while maintaining that the distribution of funds was not intended to influence voters.
Follow our WhatsApp Channel and X Account for real-time news updates.
