The Law Society of Kenya (LSK) has pushed back against growing calls to postpone the Ol Kalou parliamentary by-election, arguing that voters should not lose their constitutional right to elect a representative because of alleged misconduct by candidates or political actors.
In a statement issued on Monday, LSK President Charles Kanjama said electoral offences should be dealt with through investigations and prosecutions rather than by cancelling or delaying the vote.
“The disenfranchisement of voters should never become the default consequence of misconduct committed by candidates, political actors or public officials,” Kanjama said.
He argued that Kenya’s electoral laws already provide sufficient penalties for those found responsible for breaking campaign rules, including criminal prosecution, fines, disqualification and other legal sanctions.
“Existing legal mechanisms provide adequate sanctions against electoral offenders, including investigations, prosecutions, fines, disqualification proceedings and other statutory remedies,” he added.
The lawyers’ body said it had been closely monitoring developments ahead of the by-election and expressed concern over allegations of voter bribery, political violence, intimidation and the misuse of public resources during campaigns.
Among the issues raised were claims that cash and goods were being distributed to voters under the guise of empowerment programmes, the use of State resources to support political campaigns, involvement of public officers in partisan activities and incidents of violence intended to influence voters.
LSK urged the Independent Electoral and Boundaries Commission (IEBC) to enforce electoral laws independently and without political pressure.
“The Commission must demonstrate that no person, political party, public officer or institution is above the law,” Kanjama said.
The society also called on the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Public Service Commission (PSC) and the National Police Service to investigate all reported electoral offences and prosecute those found responsible.
According to LSK, electoral crimes go beyond political competition and threaten public confidence in democratic institutions and constitutional governance.
The organisation described the Ol Kalou by-election as an important test of Kenya’s electoral system ahead of the 2027 General Election.
“The Ol Kalou By-Election presents a critical test of Kenya’s electoral governance framework and the readiness of institutions charged with protecting the integrity of elections ahead of the 2027 General Election,” the statement said, adding that how authorities respond will shape public trust in future elections.
LSK also announced that it will deploy accredited election observers to monitor the conduct of the poll and assess compliance with constitutional principles, electoral laws and democratic standards. It said the findings would inform recommendations aimed at strengthening transparency, accountability and public confidence in future elections.
The statement comes amid an intensifying debate over whether Thursday’s by-election should proceed following reports of widespread voter bribery and campaign-related violence.
Last week, IEBC Chairperson Erastus Edung Ethekon warned that the commission could postpone or cancel the election if electoral offences continued. Speaking during the launch of the 2022 Pre-Election Dispute Resolution Report, Ethekon cited allegations of widespread voter bribery, violence and the misuse of State machinery to influence voters.
The commission also warned that candidates found responsible for electoral offences risk disqualification.
While acknowledging the IEBC’s constitutional duty to guarantee free, fair and peaceful elections, LSK maintained that postponing an election should remain an exceptional measure, reserved only for circumstances permitted under the law.
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