IEBC Explains Why They Couldn’t Disqualify By-Election Candidates
Ann Nderitu, commissioner of the Independent Electoral and Boundaries Commission (IEBC), has defended the commission’s decision to impose penalties rather than dismiss candidates who violated the Electoral Code of Conduct during the by-elections on November 27.
Nderitu stated in an interview on December 11 that the law prohibits punishment in the absence of facts and criminal guilt.
Nderitu responded to public criticism about episodes of electoral violence and campaign schedule violations in some of the 22 polling districts.
“You cannot disqualify a person on the basis that a person died; then we should have waited for the report because they had different versions, and that lies with the police officers and the DCI,” she said.
Q: Why not an outright disqualification?
— Citizen TV Kenya (@citizentvkenya) December 11, 2025
Ann Nderitu: You cannot fine or punish without facts. We could not condemn anyone on criminal basis without criminal responsibility beimg placed on them #CitizenDayBreak pic.twitter.com/MXg54xA8yn
She added, “You cannot fine or punish without facts. We could not condemn anyone on a criminal basis without criminal responsibility being placed on them.”
Nderitu stated that, while violence occurred during campaigns, the Commission could not act independently.
“Violence is a criminal offence and IEBC does not have the power to prosecute,” she stated.
“What we did was fine those who decided to defy the election campaign schedule and be where they were not supposed to be.”
She asserted that the IEBC applied administrative penalties when violations of the electoral timeline were discovered.
“We did our part; we condemned the violence. It is an ethical issue; our hands are tied unless other institutions join us to take responsibility for this matter,” Nderitu said.
She noted that while six places had isolated incidents, the remaining 16 went successfully.
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“Even the hired goon is blaming IEBC. Everything that was supposed to be done by the electoral commission was done in time, and everything went on smoothly in 16 parts; only 6 areas had issues.”
Ann Nderitu shares IEBC reforms being put in place #CitizenDayBreak pic.twitter.com/LgWuFi5FHr
— Citizen TV Kenya (@citizentvkenya) December 11, 2025
In a related incident, on December 8, 2025, IEBC Chairperson Erastus Ethekon congratulated the dispute resolution committee for respecting the Electoral Code of Conduct, particularly in the Kasipul Constituency, where rulebreakers were fined.
Ethekon was speaking at a Stakeholder Engagement Forum at a Nairobi hotel hosted by the Centre for Multiparty Democracy (CMD) Kenya.
He warned contenders for the 2027 General Election against circulating false information through the media and advised them to report issues to Returning Officers, including himself, as the Presidential Election Returning Officer.
IEBC Explains Why They Couldn’t Disqualify By-Election Candidates
