By KPC Reporter
The Law Society of Kenya (LSK) has raised concerns over alleged widespread reports of electoral malpractice ahead of the forthcoming Ol Kalou Parliamentary by-election.
In a statement issued by LSK President Charles Kanjama, SC, the society said it had been closely monitoring developments surrounding the by-election and was troubled by reports of voter inducement, misuse of public resources, political intimidation and inflammatory rhetoric.
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“The Society is deeply concerned by numerous reports and public information suggesting widespread electoral malpractice, misuse of public resources, voter inducement, political intimidation, inflammatory rhetoric, and other conduct capable of undermining the integrity and credibility of the electoral process,” the statement said.
LSK noted that Kenya’s constitutional democracy is anchored on the sovereign will of the people expressed through free, fair and credible elections, stressing that every electoral process must comply fully with the Constitution, the Elections Act and other relevant laws.
The lawyers’ body cited reports of the distribution of cash, goods and other benefits to voters during the campaign period, alleged use of state resources and government programmes to support political campaigns, participation of public officers in partisan activities, and incidents of violence and intimidation aimed at influencing voter behaviour.
According to the society, electoral offences should not be treated as ordinary political disputes.
“Electoral offences are not mere political infractions; they are criminal acts that strike at the heart of constitutional governance and democratic legitimacy,” LSK said, adding that allegations of misconduct should be addressed through prompt and impartial enforcement of the law.
The society called on the Independent Electoral and Boundaries Commission (IEBC), the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions, the Ethics and Anti-Corruption Commission (EACC) and other relevant agencies to investigate any breaches of electoral laws and take appropriate action against offenders.
LSK also weighed in on suggestions that the by-election could be postponed due to campaign-related irregularities, arguing that such a move should only be considered under exceptional circumstances permitted by law.
“The disenfranchisement of voters should never become the default consequence of misconduct committed by candidates, political actors or public officials,” the society stated. It maintained that existing legal mechanisms, including investigations, prosecutions and disqualification proceedings, are sufficient to deal with electoral offenders.
The society described the Ol Kalou by-election as a crucial test of Kenya’s electoral governance framework ahead of the 2027 General Election, saying the manner in which institutions respond to alleged violations will significantly shape public confidence in future elections.
It also announced plans to deploy accredited election observers to independently assess compliance with constitutional principles and electoral laws throughout the voting process.
LSK urged political actors, public officers and voters to reject electoral malpractice and embrace peaceful, lawful and issue-based campaigns, saying Kenya’s democracy can only be strengthened through respect for the Constitution, accountability and the rule of law.
