IEBC issues stern warning to Hassan Omar over 'dead voter' remarks

The Independent Electoral and Boundaries Commission (IEBC) has cautioned Senator Hassan Omar over comments he made about the possibility of using a deceased person's biometric details to vote, warning that such statements could erode public trust in the country's electoral system.

In a decision announced on Wednesday, November 4, 2026, the electoral agency ruled that Omar had violated the Electoral Code of Conduct through remarks delivered at a political gathering in Mombasa on September 11.

The commission said the senator's statement, when interpreted in its original Kiswahili wording and considered within the context in which it was made, suggested that a dead person's biometric identification could be used to facilitate voting under their name.

Omar was subsequently required to appear before the Electoral Code of Conduct Enforcement Committee (ECCEC) on October 21 to answer to the complaint.

He attended the hearing accompanied by his lawyer and was allowed to give his account of what he meant by the remarks and respond to the allegations against him.

During the proceedings, the senator maintained that his statement was figurative and was intended to encourage more people to register as voters and take part in elections. The committee also considered a clarification he issued after the incident.

The panel acknowledged that there was no evidence showing that his remarks had resulted in an actual electoral malpractice incident.

Despite this, it found that the wording carried a meaning that could be understood as promoting the use of a deceased person's biometric information to cast a ballot.

The committee concluded that the remarks violated the electoral rules, which require political leaders and other participants in the electoral process to avoid conduct that could undermine confidence in elections.

Omar was consequently handed a formal warning and severe caution in accordance with paragraph 7(a)(i) of the Electoral Code of Conduct.

The senator was also instructed to observe electoral regulations throughout the remaining applicable election period and avoid making statements or engaging in actions that could be interpreted as encouraging or treating electoral malpractice as acceptable.

IEBC cautioned that another violation could result in more serious disciplinary measures under the electoral code and relevant laws.

In addressing political leaders and other stakeholders, the commission acknowledged that they are constitutionally entitled to campaign, criticise their opponents, engage in debates and express their political views.

However, it stressed that these freedoms should not be used irresponsibly, particularly where public statements could create the impression that electoral offences are acceptable.

The commission said political communication must be handled with restraint as the country prepares for the 2027 General Election, warning that careless remarks could weaken confidence in the credibility of the polls.

"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 chairperson Erastus Edung Ethekon said the electoral body would continue carrying out its mandate without bias, insisting that enforcement of electoral laws would not be influenced by political affiliations or individual candidates.

He added that the commission's enforcement of the Electoral Code of Conduct should not be mistaken for an attempt to suppress freedom of expression or interfere with legitimate political competition.

The electoral agency further stated that complaints brought before it would be handled individually, with decisions guided by the law, available evidence and the specific circumstances surrounding each case.

It called on political parties, candidates, their supporters and other stakeholders to play their part in protecting the credibility of the electoral process ahead of the next General Election.

IEBC maintained that every Kenyan's vote must be protected and counted in accordance with the law, urging political actors to avoid conduct that could cast doubt on the integrity of the ballot.