The Independent Electoral and Boundaries Commission (IEBC) has issued Hassan Omar with a formal and strict warning and severe caution. The Star describes him as a senator, while The Eastleigh Voice identifies him as UDA secretary-general. The case concerns remarks suggesting that a dead person's biometric details could be used to vote in their name.
The IEBC's Electoral Code of Conduct Enforcement Committee (ECCEC) released its determination on Wednesday. The commission said Omar breached paragraphs 6(k)(i) and 6(l) of the Code. The complaint covered remarks he made at a public rally in Mombasa on September 11. The sanction falls under paragraph 7(a)(i) of the Code.
Omar was summoned before the committee on October 21. He appeared in person with his lawyer and presented his defence. He said the words were meant figuratively, to encourage people to register and vote. The committee said it weighed that explanation and his later clarification. It also noted the lack of evidence that the remarks caused any real electoral incident.
The committee still ruled against him. It said the words, read in their original Kiswahili form, ordinary meaning and context, invoked using a dead person's biometric identifier to vote in their name. The committee said that language clashed with the Code's duty to reassure voters about the integrity of the ballot.
Omar must comply with the Code for the rest of the election period. He must also avoid language or conduct that could reasonably be read as encouraging or normalising electoral malpractice. IEBC said the warning was "intended to mark a firm boundary against any recurrence of similar conduct." It added that any further breach would attract a more severe sanction under the Code and the law.
The commission also addressed all political leaders. It said they have a constitutional right to campaign, criticise opponents and debate. But it warned that statements seen as encouraging malpractice could damage public confidence in elections. "As Kenya prepares for the 2027 General Election, the Commission calls upon all political leaders, candidates, political parties, supporters and other electoral stakeholders to exercise responsibility, restraint and vigilance in their public utterances and conduct," the commission said.
IEBC chairman Erastus Edung Ethekon said the commission would keep enforcing electoral laws independently and impartially, The Star reported. He said it would not favour any party or candidate. Enforcing the Code, he said, was not meant to restrict legitimate political competition or free speech. The commission said it would judge each complaint on the law, the evidence and the circumstances of the case.