IEBC commissioner explains why disqualification wasn’t an option during by-elections
By Faith Lagat, December 11, 2025Independent Electoral and Boundaries Commission (IEBC) Commissioner Ann Nderitu has defended the commission’s decision to impose fines rather than disqualify candidates who breached the Electoral Code of Conduct during the November 27, 2025, by-elections.
Nderitu, while speaking during an interview on December 11, 2025, stressed that the law does not permit punishment without facts and criminal responsibility.
Nderitu addressed public criticism over incidents of electoral violence and campaign schedule violations in some of the 22 areas that went to the polls.
“You cannot disqualify a person on the basis that a person died; then we should have waited for the report because they had different versions, and that lies with the police officers and the DCI,” she said.
She added, “You cannot fine or punish without facts. We could not condemn anyone on a criminal basis without criminal responsibility being placed on them.”
Limits of IEBC’s mandate
Nderitu explained that while violence occurred during campaigns, the Commission could not act unilaterally. “Violence is a criminal offence and IEBC does not have the power to prosecute. What we did was fine those who decided to defy the election campaign schedule and be where they were not supposed to be.”
She maintained that the IEBC imposed administrative penalties where breaches of the electoral timetable were verified.
“We did our part; we condemned the violence. It is an ethical issue; our hands are tied unless other institutions join us to take responsibility for this matter,” Nderitu said.
She added that while six areas experienced isolated incidents, the remaining 16 proceeded smoothly. “Even the hired goon is blaming IEBC. Everything that was supposed to be done by the electoral commission was done in time, and everything went on smoothly in 16 parts; only 6 areas had issues.”
IEBC chair warns aspirants
In a related development on December 8, 2025, IEBC Chairperson Erastus Ethekon, speaking at a Stakeholder Engagement Forum at a hotel in Nairobi organised by the Centre for Multiparty Democracy (CMD) Kenya, praised the dispute resolution committee for upholding the Electoral Code of Conduct, particularly in Kasipul Constituency, where fines were issued to rule-breakers.
He cautioned aspirants for the 2027 General Election against spreading misinformation through the media and urged them to report grievances to Returning Officers, including himself, as the Presidential Election Returning Officer.
Ethekon highlighted operational successes in the by-elections, including the timely opening of polling stations, over 99% functionality of KIEMS kits, transparent counting and result transmission, coordinated security, and effective dispute management, despite voter apathy, misinformation, and isolated security incidents.