LSK Opposes Ol Kalou By-Election Postponement, Calls for Prosecutions

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The lawyers’ body described electoral offenses as criminal acts that threaten constitutional governance and public confidence in democracy.

Photo: Courtesy.

By Linda Olendo

The Law Society of Kenya has opposed any postponement of the Ol Kalou parliamentary by-election, arguing that voters should not be disenfranchised because of misconduct by candidates or political actors.

Instead, the LSK urged the Independent Electoral and Boundaries Commission and law enforcement agencies to investigate and prosecute those responsible for electoral offenses, saying existing laws provide sufficient sanctions.

“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 Monday.

The society raised concerns over reported voter bribery, misuse of public resources, political intimidation and violence in the constituency. It flagged alleged distribution of cash and goods under empowerment programs, use of government resources for campaigns, participation of public officers in partisan activities, and acts of intimidation aimed at influencing voters.

LSK called on the IEBC to enforce electoral laws independently and without interference. It also urged the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions, the Ethics and Anti-Corruption Commission, the Public Service Commission and the National Police Service to act on all reported violations.

The lawyers’ body described electoral offenses as criminal acts that threaten constitutional governance and public confidence in democracy.

“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,” LSK said. “The manner in which electoral laws are enforced in this by-election will significantly influence public confidence in future electoral processes.”

The society announced it will deploy accredited election observers to monitor the poll and will use their findings to make recommendations for strengthening electoral integrity.

LSK urged all parties to reject malpractice and uphold peaceful, issue-based campaigns. It acknowledged the IEBC’s responsibility for free and fair elections but said postponement should be considered only in exceptional circumstances and strictly according to the law.

The IEBC last week threatened to postpone or cancel the by-election, scheduled for Thursday, citing widespread voter bribery and violence that has already claimed one life. IEBC Chairperson Erastus Edung Ethekon raised concerns about massive voter bribery and the use of state machinery during the launch of a pre-election report.

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