A coalition of civil society organisations has threatened to challenge the recent by-elections in court, saying the November 27 polls were marred by widespread irregularities that undermined Kenya’s democratic processes.
The Kenya National Human Rights Commission (KHRC), Transparency International – Kenya (TI-Kenya), the Independent Medico-Legal Unit (IMLU), and Siasa Place issued the warning during a joint press conference, arguing that the conduct of the polls peeled back “the veneer of a functioning democracy.”
KHRC Executive Director Davis Malombe said the groups are compiling evidence of electoral violations with the possibility of initiating legal proceedings.
“We are looking at the various violations of the law to see if we have enough evidence to go to court,” Malombe said.
He faulted the move by Cabinet Secretaries to openly campaign for government-backed candidates, terming it an outright breach of the law.
He further noted the extensive use of public resources in support of preferred candidates.
IMLU Executive Director Grace Wangechi said the environment in several constituencies was heavily militarised, with armed groups roaming freely—some reportedly escorted by police.
“A chief in Malava called women and told them that voting for opposition candidates would attract trouble from Nairobi,” she added, condemning intimidation of voters by administrative officers.
TI-Kenya’s Executive Director Sheila Masinde said court action would aim to push for critical electoral reforms.
She called for the fast-tracking of the Election Financing Regulations Amendment Act, currently before Parliament, arguing that it is essential for ensuring fairness in campaign spending.
Masinde said cash handouts were openly distributed across all 22 electoral areas observed.
“IEBC should admit its failure and apologise to Kenyans for the failure to exercise its constitutional mandate in the management of elections,” she added.
The civil society concerns come a day after the Elections Observation Group (ELOG) released a damning assessment of the by-elections, citing widespread voter bribery, violence, and political interference—despite the Independent Electoral and Boundaries Commission (IEBC) delivering what observers described as a strong technical performance.
ELOG deployed long-term observers and 100 roving monitors across constituencies and wards in Baringo, Embu, Machakos, Kajiado, Narok, Kakamega, Homa Bay, and Nairobi counties.
The group documented clashes between rival supporters, cases of harassment, and intimidation in Kasipul, Malava, Mbeere North, Nairobi, and Machakos.
In Kariobangi North, observers were themselves targeted when a rowdy group barricaded an ELOG vehicle and demanded money.
The group criticised security agencies for failing to act decisively, warning that unchecked violence suppresses voter turnout and breeds electoral apathy.
ELOG also reported widespread voter bribery, including cash, foodstuffs, blankets, and other inducements issued openly during campaigns.
The organisation reminded political actors that bribery constitutes an election offence punishable under the Constitution and the Election Offences Act, with the potential to nullify results.
The group further flagged the active participation of senior national and county government officials in campaign activities, a move that observers say tilted the playing field and contributed to the integrity concerns surrounding the by-elections.
