The Kenya Human Rights Commission (KHRC) has raised concern over rising reports of violence, voter intimidation and alleged misuse of public resources ahead of Thursday's Ol Kalou parliamentary by-election, warning that failure to address the incidents could erode public confidence in the electoral process.
The commission has called on the IEBC, the National Police Service, the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) to take immediate action to protect the credibility of the poll.
In a statement issued on Wednesday, the rights body said the by-election, triggered by the death of former Ol Kalou MP David Kiaraho on March 29, 2026, must be conducted in an environment free from violence, intimidation and any form of undue influence.
KHRC said the reported incidents fall below the constitutional standards expected of free, fair and credible elections, warning that they threaten the integrity of the vote and the public's trust in the democratic process.
The commission said the developments violate key constitutional provisions, including Article 38, which guarantees every Kenyan the right to make political choices freely, and Article 81(e), which requires elections to be conducted without violence, intimidation, corruption or improper influence while upholding transparency, impartiality and accountability.
Although the Independent Electoral and Boundaries Commission (IEBC) cleared nine candidates who publicly committed to peaceful campaigns, KHRC said the campaign period has been marked by incidents that could undermine confidence in the election.
According to the commission, clashes involving rival political supporters have left at least eight people injured, damaged property and disrupted campaign activities.
KHRC also expressed concern over reports that government programmes and official activities increased during the campaign period, cautioning that public resources should never be used to influence an election.
"Public resources must never be used, or appear to be used, to confer an electoral advantage. Articles 10 and 232 of the Constitution, together with the Leadership and Integrity Act and the Public Officer Ethics Act, require public officers to exercise power impartially and in the public interest." KHRC stated.
The commission further cited reports that some Ol Kalou voters had been invited to State House shortly before polling day. While noting that it could not independently verify the claims, KHRC maintained that "public officials must avoid conduct that creates a perception of political favour or undue influence during an election."
The rights body reminded institutions responsible for overseeing elections of their constitutional obligations, saying Articles 86 and 88 require the IEBC to conduct elections that are transparent, accurate, accountable and impartial.
It also pointed to the Election Offences Act, which criminalises voter bribery, intimidation and electoral violence, adding that Article 238 of the Constitution requires security agencies to carry out their duties in a manner that respects human rights and fundamental freedoms.
KHRC urged the IEBC to conduct the by-election independently, fairly and transparently, ensuring every eligible voter is able to cast their ballot freely and that the final outcome reflects the will of the electorate.
The commission also called on the National Police Service to provide security to all participants, ensure officers deployed during the election are clearly identifiable and move swiftly against anyone involved in electoral offences.
It further urged the Ethics and Anti-Corruption Commission to investigate claims of misuse of public resources and abuse of office, while calling on the Office of the Director of Public Prosecutions to prosecute all electoral offences without regard to political affiliation.
KHRC also appealed to political parties and candidates to reject violence, hate speech, voter intimidation and bribery, and urged residents of Ol Kalou to resist inducements and intimidation as they exercise their constitutional right to vote freely.