High Court Stops IEBC From Enforcing Sanctions Against UDA MP

High Court has given the government seven days to release all documents regarding its plan to import 490,000 metric tonnes of rice without duty.

The High Court has temporarily stopped the implementation of sanctions imposed by the Independent Electoral and Boundaries Commission (IEBC) against Nakuru Town East Member of Parliament David Gikaria.

The orders were issued on Wednesday after Gikaria moved to court to challenge a decision by the IEBC Electoral Code of Conduct Enforcement Committee, which had found him guilty of violating the Electoral Code of Conduct.

Justice Wilfrida Musyoka certified the application as urgent, saying the matter concerns conduct during the ongoing Ol Kalou parliamentary by-election.

The judge noted that the case is of public importance because Kenya is already preparing for the 2027 General Election, making compliance with electoral laws a key issue.

Court Suspends IEBC Decision

In the orders issued at the Milimani Law Courts, Justice Musyoka directed Gikaria to serve the court documents on the IEBC and the Electoral Code of Conduct Enforcement Committee within seven days.

The court also ordered the respondents to file and serve their responses after receiving the application.

Pending the hearing and determination of the case, the court stayed the implementation of the enforcement committee’s decision, which had been delivered on July 14.

The High Court directed that the case will be mentioned on July 29 for further directions on how it will proceed.

The court’s temporary orders came after Gikaria challenged a decision by the IEBC Electoral Code of Conduct Enforcement Committee, which fined him Ksh 2.5 million for allegedly violating the Electoral Code of Conduct.

Also Read:Too Early to Cry Foul? Gachagua Writes to IEBC, Alleges Plot to Rig Ol Kalou By-Election

Why IEBC Penalised Gikaria

The committee found Gikaria guilty of making alleged inflammatory remarks during campaigns for the Ol Kalou parliamentary by-election.

According to the IEBC, the remarks touched on voter bribery, the distribution of cash, and the use of national identity cards during a political rally.

Speaking to the media on July 14, the committee’s chair, Commissioner Alutalala Mukhwana, announced that Gikaria had been ordered to pay the Ksh 2.5 million fine within 48 hours.

The dispute comes amid heightened political rivalry in the Ol Kalou by-election, where Gikaria has been actively campaigning for United Democratic Alliance (UDA) candidate Samuel Nyagah.

His involvement has also been linked to the ongoing political contest with Democracy for Citizens (DCP) party leader Rigathi Gachagua, whose party is also seeking to win the seat.

Also Read:IEBC Summons Nakuru MP David Gikaria

IEBC Warns Against Electoral Offences

Ahead of Thursday’s by-election, IEBC raised concerns over reports of voter bribery and election-related violence.

IEBC Chairperson Erastus Ethekon warned that the commission could postpone or even cancel the election if the reported electoral offences continued.

The commission also banned the use of unaccredited “super agents,” allowing only one accredited party agent per candidate inside each polling station.

In addition, IEBC cautioned candidates against sponsoring violence, hiring goons to disrupt the election, conducting illegal late-night campaigns, bribing voters, or buying national identity cards.

The commission warned that candidates found engaging in such offences risk automatic disqualification from the by-election.

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