The Independent Electoral and Boundaries Commission (IEBC) has defended the issuance of government-branded items and the rollout of development projects during election campaigns, saying the law does not automatically classify such activities as voter bribery.
The commission says Kenya's electoral laws distinguish between illegal inducements and what is legally recognised as voter treatment.
Speaking during an interview on Inooro FM on Tuesday, IEBC Commissioner Anne Nderitu said many people wrongly assume that every item distributed to members of the public during campaigns amounts to an electoral offence, yet the law provides a different interpretation in certain cases.
“It is not always an electoral offence to distribute Government of Kenya-branded mattresses to voters. Sometimes that amounts to voter treatment, and voter treatment is not an electoral offence under our laws,” Anne Nderitu said.
Her remarks come as political debate continues over the distribution of cash, government-branded items and the unveiling of public projects during campaigns ahead of Thursday's Ol Kalou parliamentary by-election. Opposition leaders have accused the Kenya Kwanza administration of using State resources to sway voters before they head to the ballot.
Anne Nderitu said ongoing government programmes should not be halted simply because an election is taking place, insisting that residents are entitled to continue benefiting from development regardless of the political calendar.
“Citizens do not lose their right to development simply because there is an election. You cannot suspend development during an election season. For instance, the people of Ol Kalou Constituency who will vote on Thursday deserve the projects and benefits they have received from the government. It is immaterial to argue otherwise,” she said.
Even so, she admitted that addressing vote-buying remains one of the biggest challenges facing election management because the law is not clear enough in some areas and successful prosecution requires a high standard of proof.
She said the commission has already proposed amendments to campaign financing laws to better regulate the role of money in elections and reduce practices that undermine free and fair competition.
“What we have today is a vague law. We have already proposed amendments to strengthen it. Elections in Kenya are very costly and voters also bear some responsibility because many demand money and gifts from candidates. Those who win often believe they bought the seat and therefore owe voters nothing, while those who lose become bitter over the financial losses and end up blaming the IEBC and rejecting the results,” she said.
According to Anne Nderitu, many candidates privately acknowledge that they hand out money and gifts because voters expect them to do so, rather than because they willingly choose that approach.
Turning to the 2027 General Election, she dismissed claims circulating online that the polls could be cancelled or postponed, saying the Constitution clearly sets the election date and the commission has no authority to change it.
She urged Kenyans to disregard misleading information and stressed that the law only allows cancellation of a General Election under very limited circumstances.
“Let us be responsible in the way we inform the public. It is nearly impossible to cancel a General Election in Kenya. The circumstances under which that can happen are clearly provided for in law and are rarely invoked,” she said.
On the question of whether former Deputy President Rigathi Gachagua can contest the 2027 General Election after his impeachment, Anne Nderitu said the commission has not discussed the matter or reached any official position.
“We have not sat down and reached a common position on Mr Gachagua. Impeachment is a different ball game involving many actors. The decision is not entirely an IEBC matter. We will deal with it when the time comes,” she said.
Gachagua, who was impeached in October 2024, has appealed the High Court decision that upheld his removal from office. He argues that, as was the case with former Nairobi Governor Mike Sonko in 2022, he should remain eligible to contest for office until all court processes have been concluded.
Anne Nderitu also cautioned political leaders against making reckless statements about election manipulation. She noted that while the IEBC can take action against candidates over campaign conduct during the official campaign period, agencies such as the National Cohesion and Integration Commission and the police are also mandated to deal with hate speech, incitement and other election-related offences.