What Happens to Politicians Caught Campaigning After IEBC Deadline

  • The official campaign period in Kenya came to an end on Saturday, August 6, marking an end of a 6-month heated political temperatures.

    The Independent Electoral and Boundaries Commission (IEBC) implored candidates of various elective seats to desist from any political campaigns outside the gazetted window period.

    Campaigning past the set deadline would mean breaching the Election Act which according to the electoral body, comes with consequences.

    A collage of Roots presidential candidate George Wajackoyah during a campaign rally at Shianda Market, Kakamega county on Sunday, June 26

    A collage of Roots presidential candidate George Wajackoyah during a campaign rally at Shianda Market, Kakamega county on Sunday, June 26

    Alex Kanyi learnt from election law experts that there are consequences covered under electoral offences Acts and can lead into a politician being barred from running for an elective seat for a period of two elective terms or even getting a jail term. 

    “If a politician is caught campaigning past the set deadline, he/she can be subjected to a fine of six months in prison or can be barred from contesting in any elective seat for a period not more than two consecutive terms,” city lawyer Apollo Mboya explained.

    These offences, according to the distinguished lawyer, are not limited to the use of media, both on TV and digital platforms and handouts during election day.

    “If it’s a candidate, he or she would be barred depending on the degree of the offence committed,” he added.

    In previous 2017 election, Nandi Hills Member of Parliament Alfred Keter’s victory was overturned when a petitioner proved before court that the MP campaigned past set deadline, which was on August 5, 2017.

    Keter who had won a Jubilee ticket was petitioned by independent candidate Bernard Kitur whom he floored during the Jubilee Party primaries.

    “That a declaration is hereby issued that the election held on August 8, 2017 for the Member of National Assembly for Nandi Hills Constituency was not free and fair.

    That the 1st respondent, Alfred Kiptoo Keter, was not validly elected as the Member of the National Assembly for Nandi Hills Constituency,” the High Court in Eldoret ruled. The ruling was later overturned by the Court of Appeal. 

    Scores of political candidates held their final campaigns with a clarion call on their supporters to turn up and vote come Tuesday August 9.

    Azimio’s presidential candidate Raila Odinga held a rally at Kasarani Stadium as his Kenya Kwanza counterpart Deputy President William Ruto drummed up support for his candidacy at Nyayo Stadium.

    Gubernatorial, senatorial, Parliamentary, Ward representatives and Woman Representative candidates also held major rallies across the country.

    Agano presidential candidate David Mwaure

    Agano presidential candidate David Mwaure.

    David Mwaure


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