What the Law Says About Disqualification of Candidates Linked to By-Election Violence
Questions have been raised on whether candidates can still face electoral repercussions if they are linked to violence during or before the polls...
✨ Key Highlights
Amidst reports of violence during Kenya's November 27 by-elections, questions have arisen regarding the IEBC's legal options for disqualifying candidates. Clashes between UDA and opposition-affiliated candidates were particularly noted in Malava and Kasipul constituencies, prompting concerns about the integrity of the polls.
- The Elections Act, 2011, specifically Sections 65 and 72, allows for candidate disqualification due to violence, bribery, or intimidation.
- IEBC Chairperson Erastus Ethekon condemned the violence in Kakamega and Homa Bay, confirming collaboration with police to hold perpetrators accountable.
- While disqualification is possible, the IEBC can also nullify a victory if investigations confirm a candidate's direct involvement in the chaos.
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Rigging Claims, Voter Intimidation, and Calls for Action Surround Kenyan By-Elections - November 2025
The by-elections were preceded by the United Opposition Alliance alleging a government rigging plot, a claim the UDA party refuted (29, 25). On election day, ODM's candidate in Magarini alleged his agents were denied access to polling stations (19), while a rival candidate accused ODM officials of intimidating voters at polling stations (20). Following violent events, DAP-K leader Eugene Wamalwa called for the disqualification of the UDA candidate in Malava (23). Nandi Senator Samson Cherargei demanded the immediate arrest of former CS Justin Muturi for alleged aggravated assault and election malpractice (10). Nairobi Senator Edwin Sifuna called on Interior CS Kipchumba Murkomen to take full responsibility for the election insecurity (12), while the IEBC refuted separate claims of ballot stuffing (6).
