IEBC Gives MP Gikaria Fresh Directive After High Court Ruling on Ksh2.5 Million Fine

The High Court in Nairobi has dismissed an application filed by Nakuru Town East MP David Gikaria challenging proceedings and a determination by the Electoral Code of Conduct Enforcement Committee.

In a statement, Independent Electoral and Boundaries Commission (IEBC) Chairperson Erastus Ethekon said the judgment was delivered on Thursday, October 8.

"The Court expressly found that the application had not met the threshold for the grant of the judicial review orders sought and consequently dismissed the application, with no orders as to costs. The Court further discharged the temporary orders that had been issued on 15th July 2026," the statement read.

The electoral commission welcomed the court's decision, saying enforcement of the Electoral Code of Conduct remained part of its constitutional and statutory mandate.

"The Commission welcomes the determination of the Court and reiterates that the enforcement of the Electoral Code of Conduct is an integral part of the Commission's constitutional and statutory mandate to safeguard the integrity of elections and electoral processes," the statement added.

The IEBC said the court had also reaffirmed the legal framework supporting the commission's authority to enforce the Electoral Code of Conduct.

The commission noted that the court had recognized the powers 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 addressed the sanctions available under the Electoral Code of Conduct, distinguishing the enforcement process from criminal proceedings.

"The Court further observed that the Electoral Code of Conduct provides for sanctions including financial penalties, restrictions on campaigning, formal warnings and apologies, and disqualification, and recognized that the enforcement framework is distinct from criminal proceedings," the statement further read.

The IEBC said the court had further emphasized the seriousness of voter bribery and schemes aimed at suppressing voter turnout, noting the importance of sanctions in protecting electoral democracy.

Following the dismissal of Gikaria's judicial review application and the discharge of the temporary orders, the commission directed the MP to comply with the sanctions issued by the Electoral Code of Conduct Enforcement Committee on July 14, 2026.

The determination required Gikaria to pay a Ksh2.5 million fine and issue a public apology and retraction. 

The matter was also referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible election offences.

"The said determination, among other directions, required Hon. Gikaria to pay the prescribed fine of Ksh2,500,000/- and to issue a public apology and retraction in accordance with the terms of the Committee's determination. 

"The Committee had also directed that the matter be referred to the Office of the Director of Public Prosecutions for investigations into possible election offences," the statement noted.

The commission said Gikaria was expected to comply with the directions within the timelines prescribed by the committee.

The IEBC maintained that electoral rules applied to all participants regardless of their positions or status.

"The Commission emphasizes that compliance with the Electoral Code of Conduct is not optional. All persons participating in electoral processes, irrespective of their status or position, are required to observe the law and the applicable electoral standards," the statement concluded.

The IEBC fined Gikaria after finding him culpable of multiple electoral code violations.

Speaking on Tuesday, July 14, IEBC Commissioner Alutalala Mukhwana said the panel had reviewed all the evidence presented before reaching its decision.

"The committee has considered all the submissions and authenticated digital evidence, and found that the Honourable David Gikaria is culpable on all three counts," he said.

The committee directed Gikaria to immediately stop making statements suggesting that voters could receive financial rewards or inducements.

"Gikaria, is hereby issued a severe formal warning to cease and desist forthwith, and forever, from making statements that imply financial inducement or reward to the electorate," Mukhwana added.

It also warned the MP against making misleading remarks about the legal requirements for voting, particularly claims relating to identification documents.

"The respondent is hereby issued a severe formal warning to cease and desist forthwith from making any further misleading statements regarding the statutory voting requirements which require an ID as part of the requirement," Mukhwana further said.