High Court suspends IEBC sanctions against Nakuru MP David Gikaria

Justice Wilfrida (W.) Musyoka certified Gikaria's application as urgent, noting that it concerns conduct during the ongoing Ol Kalou parliamentary by-election and comes at a time when the country is preparing for the 2027 General Election.

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

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

"Pending the hearing and determination of the case, the court granted interim orders staying the implementation of the Electoral Code of Conduct Enforcement Committee's decision delivered on July 14, 2026,"reads the order

The matter will be mentioned on July 29, 2026, when the court will give further directions on how the case will proceed.

Gikaria through lawyer Adrian Kamotho moved to the High Court seeking to quash the committee's decision, arguing that it violated his constitutional rights to fair administrative action and a fair hearing.

In his application, the MP contends that the committee proceeded with the hearing despite medical evidence showing that he was hospitalized and medically unfit to attend. He also argues that he was denied sufficient time to respond to a cyber investigation report relied upon by the committee.

The Electoral Code of Conduct Enforcement Committee had found Gikaria guilty of breaching the Electoral Code of Conduct over remarks allegedly made during a political rally in Ol Kalou.

The committee fined him KSh2.5 million, ordered him to issue a public apology and retraction at the IEBC headquarters, directed that the matter be referred to the Director of Public Prosecutions for possible prosecution under the Election Offences Act, and warned that failure to comply could attract further sanctions, including barring him from contesting future elections.