IEBC Cites Legal Limits on Policing Pre-Campaign Political Activity

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NAIROBI, Kenya, Jul 15 – The Independent Electoral and Boundaries Commission (IEBC) has defended its inability to sanction politicians engaging in early political campaigns, saying the law does not permit enforcement outside the official election campaign period.IEBC Commissioner Alutalala Mukhwana said the poll agency has repeatedly faced criticism for failing to act against inflammatory political speeches made at public functions, yet its mandate only becomes operational once the official campaign period is declared.He explained that while politicians continue making campaign-style speeches across the country, including at funerals and other social events, such activities fall outside the commission’s enforcement jurisdiction.“What I think that politicians do is that they deliberately adopt stances which undermine the credibility of the institution. If you look at what happens out of the campaign period—you saw what happened in Keumbu—you’ve seen our politicians basically campaigning and then we are told bad utterances were made, why are you not punishing?”“We are not in an electoral campaign period; In August 10th next month, 10th August if I’m not mistaken, we will declare the official campaign period for 2027. Until then, there are no campaigns,” Mukhwana said.The Commissioner noted that the official election period for the 2027 General Election is expected to commence around August next year.Until then, the IEBC said it cannot legally prosecute or punish political actors under campaign regulations.Mukhwana argued that many politicians knowingly exploit this legal gap before accusing the commission of selective enforcement.