Kenya’s electoral and anti-corruption commissions face a two-week deadline to address rampant malpractice reported during the November 27 by-elections, or prepare for a legal battle. Human rights organisations, led by Vocal Africa, warned that the failure to act on the violations threatens the stability of the nation's future polls.

The ultimatum puts the Independent Electoral and Boundaries Commission (IEBC) and the Ethics and Anti-Corruption Commission (EACC) on the spot for what critics describe as turning a blind eye to serious electoral offences. This standoff raises critical questions about the integrity of Kenyan elections and whether the lessons from past cycles have been learned as the country looks towards 2027.

A Pattern of Impunity

Vocal Africa’s Executive Director, Khalid Hussein, accused the two bodies of failing to curb the illegalities. “The polls were neither free nor fair. We witnessed violence, widespread bribery, voter intimidation and clear inaction by both the IEBC and the EACC,” Hussein stated. The organisation is also demanding the resignation of cabinet secretaries and senior state officials who openly campaigned for government-allied candidates, arguing their actions breached public service ethics.

These claims were corroborated by the Election Observation Group (ELOG), which released preliminary findings detailing significant breaches of electoral integrity. ELOG’s national coordinator, Mule Musau, noted that observers documented repeated instances of violence and political interference across several regions.

The key allegations from the observer groups include:

• Widespread Voter Bribery: Observers reported open bribery through cash distribution and relief goods like blankets, which is illegal under the Electoral Offences Act.
• Violence and Intimidation: Clashes between rival supporters were recorded in Kasipul, Malava, Mbeere North, Nairobi, and Machakos.
• Misuse of State Resources: Senior government officials were accused of using public resources during campaigns, creating an unfair advantage.
• Breaches at Polling Stations: Unauthorised individuals, including so-called "super agents," were reportedly granted access to polling stations, compromising ballot secrecy.

The Road to 2027 at Risk

The by-elections, held in 24 electoral areas, were seen as a crucial test for political parties and the IEBC ahead of the next general election. The alleged inaction by authorities has fuelled fears that a culture of impunity is becoming entrenched, which could have dire consequences for the country.

“If these issues are not addressed urgently, the country risks entering the 2027 General Election on unstable ground,” Hussein warned. The sentiment was echoed by ELOG, which stressed that while the IEBC's technical execution on polling day was largely adequate, the integrity of an election is determined by more than just logistics.

As the 14-day window begins, the nation watches to see how the IEBC and EACC will respond. Their actions, or lack thereof, will significantly impact public trust in Kenya's democratic process and set the tone for the high-stakes 2027 polls.