"IEBC Wasn't In Charge" Election Observers Expose Control Failures in Kenya's By-Elections

ELOG National and Regional Coordinator Mulle Musau speaking and Chairperson Victor Nyongesa at the final report release on November 27 by-elections, ELOG offices, Lenana Road, December 3, 2025.

National Coordinator reveals commission allowed senior politicians to intimidate polling officers while staying silent as disinformation spread

The Independent Electoral and Boundaries Commission failed to maintain control of polling stations during the November 27 by-elections, allowing senior politicians to intimidate presiding officers while staying silent as social media disinformation filled the void, the Elections Observation Group revealed Wednesday.

In an exclusive response to The 254 Report, ELOG National and Regional Coordinator Mulle Musau said IEBC "punched way below their weight" by ceding authority at critical moments when it mattered most.

Musau spoke at the final report release at ELOG offices on Lenana Road, delivering a damning assessment of the electoral commission's performance.

Senior Politicians Intimidated Polling Officers

Musau described multiple incidents where presiding officers, who are supposed to be "the little presidents in the polling station," failed to stand firm against senior politicians interfering with electoral processes.

The observation group documented unauthorized persons including political party "Super Agents" moving freely between polling stations in Malava, Kasipul and Mbeere North despite lacking proper accreditation. In Kariobangi North, ELOG observers found two DCI officers inside a polling station without authorization, later identified by the presiding officer as members of the Directorate of Criminal Investigations.

These Super Agents walked with gangs of young people following senior politicians from both camps, creating "a situation which brings fear, intimidation, violence in the electoral areas," Musau explained.

Communication Blackout Let Criminals Control the Narrative

The second critical failure was IEBC's refusal to communicate with the public during the campaign period, on election day, and after results were declared.

ELOG media monitors documented that 48% of disinformation flagged during the campaign targeted political parties and candidates, while 36% targeted IEBC directly. Forms of disinformation included:

• Fake opinion polls accounting for 41% of all disinformation

• Fake documents with institutional logos including gazette notices and press releases at 37%

• Use of old images and sarcasm to alter context at 11%

Deaths, Injuries and Destruction of Property

The final report states the by-elections resulted in death, injury and destruction of property in the just concluded polls.

Verified cases of electoral violence during the campaign period included clashes between rival supporters in Kasipul, Malava, Mbeere North, Nairobi and Machakos, fueled by allegations of monetary inducements. In Kasipul and Malava constituencies, opposing political camps often clashed. ELOG observers were harassed in Kariobangi North where a rowdy crowd barricaded their vehicle demanding cash.

Critical Violations Documented

Ballot secrecy violations: In 15.2% of observed polling stations, voters photographed marked ballot papers despite existing regulations prohibiting use of phones in voting booths, a critical violation of Article 81 of the Constitution.

Assisted voting abuse: Assisted voting was reported in 65.0% of polling stations. In one station, almost 90% of voters were assisted by presiding officers, and concerningly, the presiding officer assisted voters in the presence of agents, likely to compromise the vote secrecy in significant proportions.

State resource abuse: A senior government official was in Baringo County for a development tour that included launch of new fibre links and rollout of public Wi-Fi sites in Kabarnet and Kabartonjo during the campaign period.

Open voter bribery: ELOG reported widespread allegations of voter inducement using monetary and material incentives including distribution of relief goods, blankets, and other goods in some constituencies. Both the Constitution Article 81 and the Election Offences Act Section 9 prohibit such inducements, with penalties including fines and imprisonment.

Deployment of state security organs: ELOG documented widespread public reports showing deployment of state security and national security organs in ways that created an atmosphere of fear, intimidation and obstruction. While security agencies play an essential role in maintaining order, their involvement in actions perceived as partisan undermines public trust and violates the principle of neutrality in election security management.

Limited participation of marginalized groups: While the commission registered a total of 181 candidates to contest in the various vacant electoral areas, the participation of women, youth, marginalized and minorities as candidates was below the required threshold.

What Must Change Before 2027

ELOG Chairperson Victor Nyongesa presented recommendations stating these polls were the first major test for IEBC's new leadership since the 2022 general elections, and the commission's ability to deliver transparent and credible elections remains under scrutiny.

Key recommendations to IEBC:

• Assess the electoral environment early to determine if it is conducive for credible, free and fair elections. As set in past precedents from 2017, the commission has the power to call off an election if it cannot guarantee a peaceful environment.

• The commission, working with other relevant agencies, should in future disqualify both political parties and contestants guilty of electoral malpractices including perpetration of violence, use of public resources to give unfair advantage, and voter bribery.

• Continuous and sustained voter education and information to address the increasing cases of assisted voters and voters being turned away.

• Given the non confirmation of the issuance of oath of secrecy to voter assistants, IEBC should maintain a clear record where the oath has not been taken.

• Strengthen enforcement of rules on ballot secrecy by taking action on voters who violated this. A robust education of voters to understand the importance and consequences should be done preemptively.

• Enhance voter register accuracy and provide adequate voter information education to reduce turnaways at polling stations. ELOG has noted from previous missions that turnaways lead to vote suppression since many voters do not bother to continue with the process.

• IEBC officials at polling stations must take full command of the stations and ensure no unauthorized person gains access. Failure to do this exposes the electoral process to disruption.

• The commission must provide regular updates throughout the process. The silence of the commission during the campaign period, as well as on election day and after result declarations, was alarming.

Security Agencies Must Be Identifiable

To security agencies, ELOG recommended that all security officers around polling stations must be either in uniform or wear badges to identify themselves, to avoid situations where individuals claim to be from DCI but cannot be verified.

The aim of such a plan would be to secure the electoral environment so that normal electoral processes can go on unhindered. Security agencies should investigate reported incidents of intimidation and violence and ensure accountability. Action to prosecute those found guilty should be expeditiously undertaken to mitigate against future repeat offenses.

Political Parties Must Police Themselves

To political parties, ELOG called for adherence to the Electoral Code of Conduct at all times. Political parties, just like IEBC, have the power to disqualify candidates in breach of electoral laws, rules and the code of conduct.

Parties should uphold ethical campaign standards by rejecting bribery, coercion, and disruptive conduct. They should work with IEBC to ensure that party agents are properly accredited and deployed into the designated polling stations. They should also ensure that the agents are well trained and briefed on their responsibilities and procedures for monitoring the electoral process.

Given the highly toxic electoral environment that has characterized recent electoral processes, political party agents should have clearly designated areas of deployment.

Elections Belong to the People

To citizens, ELOG said elections belong to the people, and they must be the vanguard that offer the first protection. Through resident voters, locally assembled election officials, party agents, election observers and local security, they must stand guard to ensure the processes are not directed by criminal elements or through inducements by opposing political camps.

Citizens have a responsibility to ensure local elections are conducted in a peaceful environment. They need to inform the requisite authorities if there are threats to the same.

The Verdict

ELOG stressed that credible elections require both technical soundness and integrity of all actors. The IEBC's success in logistical and procedural management cannot mask its failure to safeguard the compromised integrity of the electoral processes before and during the by-elections.

The commission, as the constitutionally mandated agency for conducting and managing elections in Kenya, must be seen to be fully in charge of the process.

Elections must be free from violence, intimidation and partisan interference. Given the adverse political environment that resulted in deaths, injury and destruction of property in the just concluded by-elections, moving forward without review and redeeming action will taint the credibility of the Kenyan electoral process.

ELOG deployed 100 trained roving observers across 22 electoral areas where by-elections were conducted, including Mbeere North in Embu County, Mumbuni Ward in Machakos County, Purko in Kajiado Central, Narok Town in Narok County, Malava in Kakamega County, Kasipul in Homa Bay County, and Kariobangi North in Nairobi County. This roving observation approach enabled the team to monitor multiple polling stations within each area, respond rapidly to emerging incidents, and provide timely verified updates on the conduct of the elections.

Across the 22 electoral areas observed, polling stations were generally well prepared, opened on time, and adhered to procedural requirements during voting, closing, and counting. Strategic materials were available, KIEMs kits functioned with minimal disruption, and ballot handling during counting was largely transparent and compliant with the law.

With 18 months to the 2027 general elections, ELOG calls on all Kenyans to exercise their civic responsibility in protecting the integrity of the electoral process through active participation, shunning electoral malpractices and supporting the institutions that play a central role in the execution and success of the entire process.

The final report was signed by Victor Nyongesa, Chairperson of the Elections Observation Group.