Justin Muturi puts IEBC on the spot over threat to postpone Ol Kalou by-election
By Mustafa Juma, July 10, 2026Former Public Service Cabinet Secretary Justin Muturi has challenged the Independent Electoral and Boundaries Commission (IEBC) over its warning that it could postpone the upcoming Ol Kalou parliamentary by-election, arguing that such a move raises fundamental constitutional questions about the conduct of future elections.
In a statement issued via his official X account on Friday, July 10, 2026, Muturi said while the IEBC has the constitutional mandate to conduct elections, its powers must be exercised transparently, reasonably and in a manner that inspires public confidence.
He cautioned that decisions affecting elections should not be viewed as the exclusive preserve of the electoral commission, noting that elections involve multiple stakeholders, including voters, political parties, candidates, civil society, security agencies, the media and the judiciary.
“The Commission’s position raises an important constitutional question. If the IEBC can postpone a by-election under the circumstances it has cited, what safeguards exist to ensure that similar reasoning cannot be relied upon in relation to a general election?” Muturi posed.
He emphasised that his concerns were not an accusation against the commission but a legitimate constitutional question that deserves public debate and legal clarity.
According to Muturi, confidence in Kenya’s democratic process depends not only on compliance with the law but also on the public perception that electoral decisions are fair, predictable and free from arbitrary action.
IEBC cites violence and voter bribery
Muturi’s remarks came a day after the IEBC warned that it could postpone or even cancel the Ol Kalou parliamentary by-election, scheduled for July 16, if escalating electoral offences continue unchecked.
Speaking during the launch of the 2022 Pre-Election Dispute Resolution Report and Case Digest, IEBC Chairperson Erastus Edung Ethekon said the commission had received disturbing reports of violence, voter bribery, destruction of campaign materials, late-night campaigns and the mobilisation of gangs in the constituency.
The electoral agency warned that the prevailing security situation could make it impossible to conduct a free, fair and credible election.
IEBC also indicated that candidates found engaging in violence or voter bribery risk disqualification under the Electoral Code of Conduct.
Muturi calls for transparency
While acknowledging that the commission is constitutionally mandated to manage elections, Muturi insisted that every significant electoral decision must be guided by transparency, accountability and meaningful stakeholder engagement.
He argued that electoral processes belong to the Kenyan people and not solely to the electoral commission.
“Elections are not the exclusive enterprise of the IEBC. They are a constitutional process involving the sovereign people of Kenya, political parties, candidates, election observers, civil society, security agencies, the media and the Judiciary.”
Muturi further stated that Kenya has made significant democratic gains over the years and urged the commission to ensure every decision reinforces public trust rather than undermining it.
“Public trust is earned through openness, predictability and adherence to constitutional principles.”
Opposition vows scrutiny
Muturi said the opposition would closely monitor every electoral decision that could affect Kenyans’ constitutional right to elect their leaders freely, fairly and on time.
He warned that any action capable of creating precedents that could influence future elections would face constitutional and public scrutiny.
“The opposition will remain vigilant in safeguarding the integrity of Kenya’s electoral process.”
He added that maintaining a predictable electoral calendar is essential for preserving confidence in Kenya’s democratic institutions.
High-stakes by-election
The Ol Kalou parliamentary by-election was called following the death of area MP David Kiaraho. The IEBC formally gazetted July 16, 2026, as the polling date after completing the nomination process, in which nine candidates were cleared to contest the seat.
The contest has attracted intense political attention, with major parties and independent candidates mounting vigorous campaigns in what is widely viewed as an early test of political strength ahead of the 2027 General Election.
However, reports of violence, voter intimidation and alleged vote-buying have increasingly overshadowed the campaigns, prompting the electoral commission to issue its unprecedented warning.
As political temperatures continue to rise, attention is now focused on whether the security situation in Ol Kalou will improve sufficiently for the by-election to proceed as scheduled, or whether the IEBC will invoke its constitutional powers to postpone the vote.