NAIROBI, Kenya, Nov 19 — The Independent Electoral and Boundaries Commission (IEBC) has fined Kasipul by-election candidates Philip Aroko and Boyd Were Sh1 million each after finding them culpable for violence that erupted on November 6, resulting in two deaths and destruction of property.
The Electoral Code of Conduct Enforcement Committee said both candidates violated the harmonised campaign schedule and failed to act in good faith, directly contributing to the deadly confrontation between their supporters.
The committee ordered the two to pay the fines within 48 hours and strictly adhere to the agreed campaign programme—failure to do so could result in disqualification from the November 27 by-election. It also compelled them to sign a peace charter.
“Violence, intimidation, or chaos by any aspirant or their supporters can never be tolerated,” the Committee stated.
In its verdict delivered in Nairobi on Wednesday, the Committee stressed that no candidate or participant in an electoral process has the right to instigate, promote, or tolerate violence, intimidation, or unrest.
“It should never be acceptable for any aspirant or participant in an election to fuel violence or intimidate anyone,” the Committee added, noting that candidates have a duty to uphold peace and ensure their supporters respect the law.
Unscheduled campaigns
The Committee established that on November 6, Aroko and Were were campaigning at Opondo, despite earlier acknowledging that the area was not scheduled for campaigns on that day.
Evidence presented by the Returning Officer showed that the candidates had attempted to seek changes to the campaign schedule but failed to attend a security meeting where such amendments were to be discussed. As not all candidates were present, the RO declined to alter the schedule.
“It is not in doubt that some candidates may have intended to amend the schedule. However, the RO had already issued a clear ‘no’ because not all candidates attended the meeting,” the Committee observed.
The Committee said the candidates’ defiance directly led to the clashes.
Arms display
In detailing the findings, the Committee said it received multiple allegations, including reports that arms and weapons were carried and displayed by supporters, the candidates failed to cooperate, did not act in good faith, and held parallel public rallies at the same venue and time.
“They did not take reasonable steps to restrain their supporters from illegal acts. These failures constituted offences under the Electoral Code of Conduct, and some acts amounted to criminal behaviour,” the Committee said.
The violence at Opondo led to two deaths, destruction of property, and heightened insecurity ahead of the by-election. Both candidates separately reported each other to Yala Police Station the same day.
The IEBC previously issued separate warnings to both candidates to strictly respect the harmonised campaign schedule, noting, “Failure to observe the schedule is what led to the unfortunate violence.”
The Committee has compelled both candidates to sign a peace charter committing to peaceful campaigns and cooperation with security agencies.
Aroko and Were have indicated willingness to comply and called for adequate security on polling day.
“What this Committee has rendered today should serve as a warning not just to Kasipul candidates but to all candidates nationwide,” the ruling stated.
The November 27 by-election was triggered by the April killing of MP Ong’ondo Were.
Tensions have remained high, including a mob attack on three DCI officers in Kachien Village while attempting to arrest suspects linked to political violence.
Inspector General of Police Douglas Kanja has deployed additional officers and warned that criminal acts during campaigns will not be condoned.
