The Law Society of Kenya (LSK) has cautioned the Independent Electoral and Boundaries Commission (IEBC) against postponing the upcoming Ol Kalou parliamentary by-election, saying voters should not be denied their constitutional right to elect a representative because of alleged offences committed during campaigns.
In a statement issued on Monday, the lawyers' body said claims of voter bribery, misuse of public resources, political intimidation, violence, and inflammatory remarks ahead of the July 16 mini-poll should be handled through investigations and prosecutions instead of delaying the election.
"The disenfranchisement of voters should never become the default consequence of misconduct committed by candidates, political actors, or public officials," the Society said.
LSK acknowledged that the IEBC has a constitutional duty to conduct peaceful, free and credible elections but maintained that postponing a poll should only happen under exceptional circumstances allowed by the Constitution and the law.
It instead called on the IEBC, the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Public Service Commission (PSC), and the National Police Service to investigate and prosecute those responsible for electoral offences.
"The focus must therefore remain on holding perpetrators accountable rather than denying citizens the opportunity to exercise their constitutional right to elect their representative," the statement added.
According to LSK, electoral offences are criminal acts that threaten constitutional governance and democratic legitimacy. It said all allegations of wrongdoing should be met with prompt, impartial and effective enforcement of the law.
The statement comes after IEBC Chairperson Erastus Ethekon warned last week that the Commission could postpone or even cancel the Ol Kalou by-election if violence, voter bribery and continued breaches of the Electoral Code of Conduct undermine the integrity of the exercise.
Ethekon said the electoral commission would use its constitutional powers if the environment no longer supports a free and credible election.
However, LSK argued that the law already provides enough penalties for electoral offences, including investigations, prosecutions, fines and the disqualification of candidates, making the postponement of an election a measure that should only be considered as a last option.
The Society also announced that it will deploy accredited election observers to independently monitor compliance with constitutional principles, electoral laws and democratic standards during the by-election.
It said the Ol Kalou contest will be a critical test of Kenya's electoral system ahead of the 2027 General Election and urged political leaders, public officers and voters to reject electoral malpractice while promoting peaceful, lawful and issue-based campaigns.