High Court Dismisses MP Gikaria Challenge, Upholds KSh2.5 Million IEBC Fine

The High Court has rejected Nakuru Town East MP David Gikaria’s judicial review, clearing the way for the Independent Electoral and Boundaries Commission’s KSh2.5 million penalty and the order that he issue a public apology and retraction.

Justice William Musyoka ruled on Thursday that the application did not satisfy the threshold required for the relief sought and made no order as to costs. The judgment also removed the temporary stay granted on July 15 that had halted enforcement of the IEBC Electoral Code of Conduct Enforcement Committee’s July 14 determination.

The sanctions arise from complaints about statements Gikaria made while campaigning for the July 16 Ol Kalou parliamentary by-election. The committee found that his remarks on cash handouts and the collection of national identity card details breached the Electoral Code of Conduct by implying financial inducement and by potentially misleading voters about voting requirements. Gikaria defended the ID collection, saying it was intended to track beneficiaries, and told the court, “During voting, is it your ID that is used? No. People vote using their fingerprints.”

The determination had been issued by IEBC Commissioner Dr Alutalala Mukhwana. The committee responded by imposing a KSh2.5 million fine, directing a public apology and retraction, issuing a formal warning and forwarding the evidence to the Office of the Director of Public Prosecutions for possible election offences.

In his challenge, Gikaria argued that the process violated his constitutional rights to fair administrative action and a fair hearing, citing his reported ill health and insufficient time to address a cyber-investigation report. He also contested the use of video evidence, claiming it had not been supplied before the hearing and that he expected the case to rely on documentary proof.

The court’s decision affirmed the statutory framework that authorises the IEBC Electoral Code of Conduct Enforcement Committee to summon individuals, hear complaints and impose sanctions such as financial penalties, campaign restrictions, formal warnings, apologies and disqualification, noting that these enforcement measures are distinct from criminal proceedings.

IEBC Chairperson Erastus Edung Ethekon welcomed the judgment, saying it reinforces the commission’s constitutional and statutory mandate to safeguard the integrity of elections and that compliance with the code is not optional for any participant in electoral processes.

The commission has now instructed Gikaria to pay the fine and deliver the required apology within the timelines set out in the July 14 determination.