High Court Clears Way for IEBC to Enforce Sh2.5 Million Fine Against MP David Gikaria
Nakuru Town East MP David Gikaria follows proceedings in a previous engagement. The High Court has dismissed his judicial review application challenging sanctions imposed by the IEBC Electoral Code of Conduct Enforcement Committee, paving the way for enforcement of a Sh2.5 million fine, public apology and retraction. Photo: Courtesy
By James Gitaka
The High Court has dismissed Nakuru Town East MP David Gikaria’s challenge against sanctions imposed by the Independent Electoral and Boundaries Commission (IEBC), clearing the way for enforcement of a Sh2.5 million fine and other penalties imposed over alleged breaches of the Electoral Code of Conduct.
Justice William Musyoka, sitting at the High Court in Milimani, Nairobi, on Thursday, October 8, dismissed Gikaria’s judicial review application, finding that it had not met the threshold required for the judicial review orders sought.
The case, High Court Judicial Review Application No. HCJR/E244/2026 — David Gikaria v Independent Electoral and Boundaries Commission & Electoral Code of Conduct Enforcement Committee, challenged proceedings and the determination of the IEBC Electoral Code of Conduct Enforcement Committee in Case No. 2 of 2026.
The court also discharged temporary orders issued on July 15, removing the legal restraint that had prevented the IEBC from implementing the committee’s July 14 determination.
IEBC orders Gikaria to pay Sh2.5 million
Following the ruling, IEBC Chairperson Erastus Edung Ethekon said the commission expects Gikaria to comply with the directions and sanctions imposed by its Electoral Code of Conduct Enforcement Committee.
The committee ordered the MP to pay a Sh2.5 million fine and issue a public apology and retraction in accordance with the terms of its determination.
The committee also directed that the matter be referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible election offences.
The IEBC said the referral remains part of a separate process from enforcement of the Electoral Code of Conduct.
Court affirms IEBC enforcement powers
The ruling has wider implications for political actors ahead of the 2027 General Election, particularly on the authority of the electoral commission to regulate campaign conduct.
According to the IEBC, the High Court reaffirmed the constitutional and statutory framework underpinning the commission’s mandate to enforce the Electoral Code of Conduct.
The court recognised the jurisdiction of the Electoral Code of Conduct Enforcement Committee to summon persons, hear complaints and make findings on alleged breaches of the code.
The court also recognised the range of sanctions available under the electoral framework, including financial penalties, restrictions on campaigning, formal warnings, apologies and disqualification.
Importantly, the court distinguished enforcement of the Electoral Code of Conduct from criminal proceedings, meaning that regulatory action by the IEBC can operate separately from any criminal investigation or prosecution.
Voter bribery under scrutiny
The IEBC said the judgment was particularly significant because the court recognised voter bribery and schemes intended to suppress voter turnout as serious electoral wrongs.
The commission said such conduct threatens the integrity of elections and undermines the ability of citizens to freely exercise their constitutional right to vote.
The case arose from conduct during the campaign period for the Ol Kalou parliamentary by-election, where questions were raised over alleged voter inducement and the collection of identification details from beneficiaries of handouts.
Gikaria had challenged the IEBC proceedings and sanctions, arguing, among other issues, that the actions in question did not amount to an attempt to manipulate the electoral process.
The IEBC committee nevertheless found grounds for intervention under the Electoral Code of Conduct and imposed the sanctions that subsequently became the subject of the High Court challenge.
Temporary court orders discharged
Gikaria had obtained temporary orders on July 15, a day after the IEBC committee issued its determination, temporarily stopping implementation of the sanctions.
The orders provided the MP with temporary relief while his judicial review challenge was being considered.
With the High Court now dismissing the application and discharging the temporary orders, the IEBC says the original determination is enforceable.
The commission has consequently called on Gikaria to comply with the committee’s directions within the timelines prescribed in its July 14 determination.
Warning to political actors
The IEBC has used the ruling to send a broader warning to politicians and other participants in the electoral process as political activity intensifies ahead of the 2027 polls.
The commission said compliance with the Electoral Code of Conduct is mandatory and applies to all participants irrespective of their political status or position.
“Compliance with the Electoral Code of Conduct is not optional,” the IEBC said.
The commission further called on political parties, candidates and other electoral stakeholders to conduct themselves in accordance with the Constitution, the Elections Act and the Electoral Code of Conduct.
The ruling places renewed attention on how political actors conduct campaigns, particularly in relation to voter inducement, handouts and activities that could undermine voter participation.
For the IEBC, the outcome provides an important judicial affirmation of its regulatory role as Kenya prepares for another highly competitive electoral cycle.
The commission said it remains committed to the impartial, independent and consistent enforcement of the Electoral Code of Conduct and to protecting the integrity of Kenya’s electoral processes.
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