High Court upholds Ksh.2.5M fine against MP Gikaria over Ol Kalou by-election remarks

In a statement issued on Thursday, IEBC said Justice W. Musyoka dismissed Gikaria’s judicial review application, finding that it had not met the threshold for the orders sought.

The court also discharged temporary orders issued on July 15, 2026, which had halted enforcement of the Electoral Code of Conduct Enforcement Committee’s determination against the legislator.

The IEBC said the ruling reaffirmed its mandate to enforce the Electoral Code of Conduct, including the power of its enforcement committee to summon persons, hear complaints and determine whether the code had been breached.

The commission said the court also recognised sanctions available under the Electoral Code of Conduct, including financial penalties, restrictions on campaigning, formal warnings, apologies and disqualification.

The earlier determination, delivered by IEBC Commissioner Dr. Alutalala Mukhwana, found Gikaria guilty on charges arising from remarks he made during campaigns ahead of the Ol Kalou by-election.

The committee had ordered Gikaria to pay Ksh.2.5 million within 48 hours and issue a public apology and retraction to the people of Ol Kalou and the wider public.

It had also warned him against making statements implying financial rewards to voters or giving misleading information about voting requirements, including the need for voters to present national identity cards.

The committee further directed that evidence presented during the proceedings be forwarded to the Office of the Director of Public Prosecutions for investigations into possible electoral offences.

The IEBC said the court had emphasised the seriousness of voter bribery and schemes intended to suppress voter turnout, noting the importance of effective sanctions in protecting electoral democracy.

Following the dismissal of the judicial review application, IEBC has now called on Gikaria to comply with the committee’s July 14 determination within the timelines set out in the decision.

The dispute arose after Gikaria was captured in a video speaking about money he had allegedly distributed during a campaign event in Ol Kalou.

“Jana tulikuwa hapa, tukaskizana, kuna mtu yeyote alifukuzwa? Lakini mimi nilikuwa na Ksh.250,000 ya mikutano ya jana. Watu wakajaa. I had to go home and get another Ksh.800,000. Jana pekee yake hapa kwenu, nilitumia Ksh.1.2 million,” he said on July 7, 2026.

Gikaria also explained why residents receiving the handouts were required to present their identification documents, saying the exercise was intended to account for beneficiaries and was unrelated to the parliamentary by-election.

During the IEBC proceedings, Gikaria argued that there was no evidence showing money had changed hands or that any voter had been promised an award for voting in a particular way.

He also challenged the use of the video evidence, saying he had not been supplied with the footage before the hearing and had expected the case to rely on documentary evidence.

The committee, however, found the digital evidence sufficient to establish culpability and imposed the sanctions.