Kenya: Petition Seeks Postponement of Ol Kalou By-Election Over Integrity Concerns

A man was killed and another seriously injured following violent clashes outside St. Stephen ACK Church in Milimani, Kisumu, during a church service attended by Siaya Governor James Orengo and leaders affiliated with the Linda Mwananchi movement.

Nairobi — A petition has been lodged seeking the postponement of the Ol Kalou parliamentary by-election slated for July 16, 2026, over concerns that the prevailing political climate could undermine the integrity and credibility of the poll.

Public interest activist Francis Awino has formally petitioned the Independent Electoral and Boundaries Commission (IEBC), calling on the electoral agency to suspend the by-election pending investigations into allegations of violence, voter intimidation, bribery and the misuse of state resources during the campaign period.

In the petition, Awino argues that the current electoral environment in Ol Kalou falls short of the constitutional standards required for the conduct of a free, fair, transparent and peaceful election.

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He contends that reports from residents, community leaders, civil society organisations and the media point to an increasingly volatile political atmosphere that could compromise the credibility and legitimacy of the by-election if voting proceeds as scheduled.

The petitioner further claims there have been incidents of political violence, intimidation of voters and attempts to influence the electorate through monetary and material inducements. He argues that, if substantiated, such actions would constitute election offences and violate constitutional guarantees that elections be conducted free from violence, intimidation, corruption and undue influence.

Awino also wants the commission to investigate claims that senior state and public officers, including Cabinet Secretaries, have actively participated in campaign activities in a manner that could breach the constitutional requirement for political neutrality within the public service.

He maintains that the cumulative effect of the alleged violence, voter intimidation, bribery, abuse of public resources and involvement of state officials has created conditions that threaten the transparency, fairness and credibility of the electoral process.

The petition cites Articles 10, 38, 73, 81, 86, 88 and 232 of the Constitution, alongside Section 55B of the Elections Act, which empowers the IEBC to postpone an election where there is a serious breach of peace, widespread electoral malpractice or other circumstances that render the conduct of a credible election impossible.

Among the reliefs sought, Awino wants the IEBC to immediately investigate all reported electoral irregularities, obtain reports from security agencies, election observers and civil society organisations, and exercise its powers under Section 55B of the Elections Act to defer the July 16 by-election until a peaceful, secure and constitutionally compliant electoral environment is restored.

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