LSK opposes calls to postpone Ol Kalou by-election over campaign irregularities

The Law Society of Kenya (LSK) has opposed suggestions that the forthcoming Ol Kalou parliamentary by-election should be postponed over alleged campaign irregularities, arguing that voters should not be punished because of the actions of candidates or political actors.

According to LSK, denying voters their constitutional right to elect a representative because of the violence and electoral malpractices by candidates amounts to an infringement of their rights.

"The disenfranchisement of voters should never become the default consequence of misconduct committed by candidates, political actors or public officials," LSK President Charles Kanjama said in a statement on Monday.

"Existing legal mechanisms provide adequate sanctions against electoral offenders, including investigations, prosecutions, fines, disqualification proceedings and other statutory remedies."

The society, which says it has been monitoring developments surrounding the by-election, raised concern over reports of voter bribery, misuse of public resources, political intimidation and violence that it warned could undermine the credibility of the poll.

Among the issues flagged by LSK are alleged distribution of cash and goods to voters under the guise of empowerment programmes, use of government resources and State machinery to support campaigns, participation of public officers in partisan political activities, and acts of intimidation and violence aimed at influencing voters.

The lawyers' body urged the IEBC to enforce electoral laws independently and without political interference, insisting that no individual or institution should be shielded from accountability.

"The Commission must demonstrate that no person, political party, public officer or institution is above the law," Kanjama said.

LSK also called on the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Public Service Commission (PSC) and the National Police Service to investigate all reported electoral offences and take appropriate legal action where violations are established.

The society argues that electoral offences are not merely political disputes but criminal acts that threaten constitutional governance and public confidence in democratic processes.

The society further described the Ol Kalou parliamentary by-election as an important test of Kenya's electoral governance ahead of the 2027 General Election, saying the manner in which institutions respond to allegations of electoral misconduct will shape public confidence in future polls.

"The Ol Kalou By-Election presents a critical test of Kenya's electoral governance framework and the readiness of institutions charged with protecting the integrity of elections ahead of the 2027 General Election. The manner in which electoral laws are enforced in this by-election will significantly influence public confidence in future electoral processes," LSK noted.

LSK also announced that it will deploy accredited election observers to independently monitor compliance with constitutional principles, electoral laws and democratic standards throughout the by-election.

The observers' findings, the society said, will inform its engagement with relevant institutions and contribute to recommendations aimed at strengthening electoral integrity, accountability, transparency and public confidence in Kenya's elections.

The lawyers' body urged political leaders, candidates, public officers and voters to reject electoral malpractice and uphold peaceful, lawful and issue-based campaigns, saying respect for the Constitution and the rule of law remains central to safeguarding the country's democracy.

While acknowledging the IEBC's constitutional responsibility to ensure free, fair and peaceful elections, LSK maintained that postponement should only be considered in exceptional circumstances and strictly within the law.

IEBC last week threatened to postpone or cancel the Ol Kalou by-election slated for Thursday due to widespread cases of voter bribery and violence that have already claimed one life.

Speaking during the launch of the 2022 Pre-Election Dispute Resolution Report, IEBC Chairperson Erastus Edung Ethekon lamented claims of massive voter bribery and the use of State machinery to influence voters.

The commission has threatened to disqualify candidates found culpable of electoral offences, as the rain of cash and violence in the constituency finally landed on its radar.