IEBC Finds Hassan Omar Guilty of Breaching Electoral Code, Issues Warning

The Independent Electoral and Boundaries Commission (IEBC) has found UDA Secretary General Hassan Omar guilty of breaching the Electoral Code of Conduct over remarks he made at a public rally in Mombasa.

In a statement on Wednesday, November 4, the commission noted that Hassan had been summoned to appear before the Committee on October 21 over alleged inflammatory remarks he made during a public rally in Mombasa on September 11.

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According to IEBC, he honoured the summons and appeared in person, accompanied by legal counsel. 

The committee gave him an opportunity to respond to the allegations and present his defence before reviewing the evidence, submissions and representations.

"The Committee found Hon. Hassan Omar to have been in breach of paragraphs 6(k)(i) and 6(l) of the Electoral Code of Conduct," the statement read.

IEBC explained that the Committee considered the circumstances surrounding the remarks, including Omar's defence that his words were figurative and intended to encourage voter registration and participation.

"In reaching its determination, the Committee considered the context in which the remarks were made, the Respondent's explanation that the words were intended figuratively to encourage voter registration and participation, his subsequent clarification, and the absence of evidence of an actual electoral incident arising from the utterances," the statement added.

However, IEBC maintained that the remarks, when considered in their original Kiswahili form, ordinary meaning and context, invoked the use of a deceased person's biometric identifier to facilitate voting in their name.

"The Committee found such language inconsistent with the obligation under paragraph 6(l) of the Electoral Code to reassure voters regarding the integrity of the ballot," the statement further read.

Consequently, the Committee issued Omar with a formal and strict warning and severe caution under paragraph 7(a)(i) of the Electoral Code of Conduct.

"Consequently, Hon. Hassan Omar was issued with a formal and strict warning and severe caution pursuant to paragraph 7(a)(i) of the Electoral Code of Conduct. He was further directed, for the remainder of the applicable election period, to comply with the Code and, in particular, to refrain from language or conduct that may reasonably be understood as encouraging or normalising electoral malpractice or undermining confidence in the integrity of the ballot," the statement noted.

The IEBC also urged political leaders, candidates, political parties and their supporters to exercise restraint as the country prepares for the 2027 General Election.

"As Kenya prepares for the 2027 General Election, the Commission calls upon all political leaders, candidates, political parties, supporters and other electoral stakeholders to exercise responsibility, restraint and vigilance in their public utterances and conduct," the statement added.

IEBC warned that any repeat of similar conduct by Omar would attract a more severe penalty under the Electoral Code of Conduct and applicable laws.

"The determination places Hon. Hassan Omar on clear and unequivocal notice that the warning issued by the Committee is intended to mark a firm boundary against any recurrence of similar conduct. Any subsequent breach shall be attract a more severe sanction under the Electoral Code of Conduct and the applicable law," the statement read.

This comes days after IEBC explained why foreign nationals appeared on the list of applicants for the position of Commission Secretary/Chief Executive Officer.

In a statement on Friday, October 30, IEBC said it had contracted an independent firm to oversee the recruitment process to safeguard professionalism and independence in the selection of its next chief executive.

"To ensure professionalism and independence in this critical recruitment, the Commission contracted KPMG Kenya to manage the end-to-end recruitment process, including advertisement, receipt of applications, long-listing, verification and shortlisting," the statement read. 

IEBC explained that publishing the names of all applicants was part of its commitment to transparency and fair competition, noting that it had received 304 applications for the position.

"In compliance with Article 35 and Article 232 of the Constitution on transparency and fair competition, the Commission published the full list of all the 304 applicants," the statement added.

Addressing why foreign nationals featured on the published list, IEBC said the vacancy had been advertised publicly through newspapers, its official website and social media platforms, allowing interested candidates to submit applications regardless of their nationality.

The commission maintained that receiving applications from foreign nationals was not unusual in an open recruitment exercise.

"The vacancy was advertised openly in the newspapers, IEBC website and all social media platforms. Some applicants were of foreign nationalities. 

"This is normal for any open advertisement and does not constitute an anomaly. Any person can apply, but not everyone qualifies," the statement explained.

IEBC said it subsequently verified applicants' national identification documents, citizenship status and academic qualifications before preparing the final shortlist.

It confirmed that only Kenyan citizens made it to the final shortlist, with all foreign applicants eliminated at the preliminary stage for failing to satisfy the citizenship requirement.

"Upon verification of national ID, citizenship and academic credentials, the final shortlist contains ONLY Kenyan citizens. All foreign applicants were disqualified at the preliminary stage for not meeting the citizenship requirement," the statement further read.