IEBC orders MP Gikaria to apologise, pay Ksh.2.5M fine over Ol Kalou by-election remarks

The Independent Electoral and Boundaries Commission (IEBC) has ordered Nakuru Town East MP David Gikaria to pay a Ksh.2.5 million fine and issue a public apology over remarks he made on voter handouts in Ol Kalou ahead of Thursday's by-election.

In its determination delivered on Tuesday, IEBC Commissioner Dr. Alutalala Mukhwana stated that the commission found Gikaria guilty on all charges brought against him following complaints over his remarks during campaigns in the Ol Kalou by-election.

Mukhwana directed Gikaria to issue a public retraction on Wednesday, July 15, at 10am at Anniversary Towers, and apologise to the public as well as the people of Ol Kalou.

The commission also ordered him to pay Ksh.2.5 million within 48 hours of the ruling, warning that failure to comply would attract further sanctions, including barring him from participating in any electoral activity conducted and supervised by the IEBC.

"The Honourable David Gikaria is hereby condemned to pay Ksh.2.5 million within 48 hours of this determination," Mukhwana stated. 

The committee further issued Gikaria with a formal warning to refrain from making statements implying financial rewards to voters and from making misleading remarks regarding voting requirements, including the requirement for voters to present a national identity card.

Additionally, the commission directed that the evidence presented before the committee be forwarded to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible offences under the Elections Offences Act.

If the investigations establish criminal liability, the committee recommended that Gikaria be prosecuted in accordance with the law.

During the proceedings, the prosecution accused the lawmaker of deliberately misleading voters and attempting to influence the electorate through his remarks.

"Gikaria chose to weaponise his influence, stood before a vulnerable electorate and wilfully and maliciously spread flagrant falsehoods designed to disenfranchise voters while simultaneously boasting of using financial muscle on the innocent," the prosecution submitted.

In his defence, Gikaria argued that he had not been supplied with a video clip relied upon by the prosecution before the hearing, saying he had only expected documentary evidence to be used.

He further maintained that the footage did not show any money changing hands and insisted his remarks amounted only to an offer made to people attending a particular gathering.

"There was no evidence that any voter was promised an award for voting in a certain way," he argued.

Despite his defence, the committee concluded that the digital evidence presented was sufficient to establish culpability and imposed the sanctions forthwith. 

The determination comes after the legislator was captured in a video saying how he used Ksh.1.2 million to disburse to the crowd, citing that he had spent more money than initially planned after larger crowds turned up for the programme.

"Jana tulikuwa hapa, tukaskizana, kuna mtu yeyote alifukuzwa? Lakini mimi nilikuwa na Ksh.250,000 ya mikutano ya jana. Watu wakajaa. I had to go home and get another Ksh.800,000. Jana pekee yake hapa kwenu, nilitumia Ksh.1.2 million," he stated on July 7, 2026. 

He also explained to the crowd why the Ol Kalou residents receiving handouts were required to present their IDs, saying the exercise was intended to account for beneficiaries and had nothing to do with the upcoming parliamentary by-election.