Law Society of Kenya President Charles Kanjama / HANDOUT
The Law Society of Kenya (LSK) has raised concern over what it described as reports of widespread electoral malpractice ahead of the Ol Kalou parliamentary by-election, urging electoral and investigative agencies to enforce the law and safeguard the integrity of the poll.
In a statement on Monday, LSK President Charles Kanjama said the Society had been monitoring developments surrounding the July 16 by-election and was concerned by reports and public information suggesting voter inducement, misuse of public resources, political intimidation and other conduct that could undermine the credibility of the election.
The society stressed that the allegations should be investigated and addressed through existing legal mechanisms rather than being treated as political disputes.
It also condemned violence, intimidation and incitement, urging all political actors to conduct peaceful and issue-based campaigns while respecting constitutional rights and the rule of law.
As part of its role, LSK announced that it will deploy accredited election observers to independently monitor compliance with electoral laws and constitutional principles throughout the by-election.
The observers, it said, will document their findings to inform future engagement with relevant institutions and contribute to recommendations aimed at strengthening transparency, accountability and public confidence in Kenya's electoral processes.
Among the issues cited by LSK were reports of the distribution of cash, goods and other benefits to voters under the guise of empowerment programmes, the alleged use of public resources and government programmes in campaigns, participation of public officers in partisan political activities, violence, intimidation and threats, as well as conduct that could amount to electoral offences under the Election Offences Act.
"The appropriate response to allegations of electoral misconduct is the prompt, impartial and effective enforcement of the law against the individuals responsible," Kanjama said.
LSK called on the Independent Electoral and Boundaries Commission (IEBC) to exercise its constitutional mandate independently and without fear or favour, saying no political party, candidate or public officer should be above the law.
The society 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, the National Police Service and other relevant agencies to investigate any alleged breaches of electoral laws and take appropriate action where necessary.
While acknowledging that IEBC has the constitutional mandate to ensure credible elections, LSK cautioned against postponing the by-election except in exceptional circumstances provided for under the law.
The society said voters should not be denied an opportunity to elect their representative because of alleged misconduct by candidates, political actors or public officials, arguing that existing laws already provide sanctions such as investigations, prosecutions, fines and disqualification proceedings against offenders.
"The focus must therefore remain on holding perpetrators accountable rather than denying citizens the opportunity to exercise their constitutional right to elect their representative," the statement said.
LSK further described the Ol Kalou by-election as an important test of Kenya's electoral governance framework ahead of the 2027 General Election, saying the manner in which institutions respond to alleged electoral offences would influence public confidence in future elections.
LSK's statement comes amid growing scrutiny of the Ol Kalou campaigns after IEBC warned it could postpone or even cancel the by-election if violence, voter bribery and other breaches of the Electoral Code of Conduct continue.
The commission has also warned that candidates found culpable could face sanctions, including disqualification.
The Ol Kalou parliamentary by-election is scheduled for July 16 following the death of former area MP David Kiaraho.
