Nairobi:The High Court has rejected Nakuru East MP David Gikaria’s attempt to overturn proceedings and a decision made by the Independent Electoral and Boundaries Commission’s (IEBC) Electoral Code of Conduct Enforcement Committee.
According to Kenya News Agency, Justice W. Musyoka ruled at the Milimani Law Courts that Gikaria did not meet the necessary criteria for the judicial review orders he was seeking. The court’s decision also ended temporary orders issued on July 15, 2026, allowing the IEBC to enforce the committee’s determination from July 14.
IEBC Chairperson Erastus Edung Ethekon praised the ruling, emphasizing that enforcing the Electoral Code of Conduct is crucial to maintaining election integrity. Ethekon noted that the court confirmed the commission’s legal power to investigate and rule on breaches of the electoral code.
The court acknowledged the code’s sanctions, which include financial penalties, campaign restrictions, public apologies, and potential disqualification. The IEBC pointed out that the enforcement of the code is independent of criminal proceedings, addressing electoral misconduct within its regulatory framework.
Following the court’s decision, the IEBC has instructed Gikaria to adhere to the committee’s ruling, which requires him to pay a Sh2.5 million fine and issue a public apology and retraction. The committee also referred the case to the Office of the Director of Public Prosecutions for further investigation into possible election offences, though this does not confirm any criminal liability.
The IEBC stressed the importance of compliance with the Electoral Code of Conduct, stating that no individual is exempt from the law based on their status or position. Ethekon reiterated the commission’s dedication to impartial enforcement of electoral standards and urged political figures and electoral participants to follow the Constitution, Elections Act, and the Electoral Code of Conduct to safeguard electoral integrity and public trust in Kenya’s democratic processes.
The High Court concluded by dismissing the application without any cost orders.
