The High Court has upheld the Independent Electoral and Boundaries Commission’s (IEBC) decision to fine Nakuru Town East Member of Parliament David Gikaria Ksh2.5 million over remarks linked to the Ol Kalou parliamentary by-election.

In a judgment delivered at the Milimani Law Courts in Nairobi on Thursday, October 8, Justice Wilfrida Musyoka dismissed Gikaria’s application challenging the ruling previously issued by the Electoral Code of Conduct Enforcement Committee.

The court found that the MP had not met the legal threshold required for the judicial review orders he sought.

The ruling also lifted temporary orders issued on July 15 that had suspended implementation of the committee’s decision.

IEBC has now directed Gikaria to fulfil the fine and other requirements within the deadlines set by the committee, stressing that all individuals involved in electoral processes must abide by the law regardless of their position.

“The Commission calls upon Hon. David Gikaria to comply with the directions and sanctions contained in the determination of the Electoral Code of Conduct Enforcement Committee,” IEBC wrote in a statement.

The original sanctions were issued on July 14 following allegations that Gikaria made inflammatory statements during the Ol Kalou by-election campaign concerning voter bribery, cash distribution and the use of national identity cards.

IEBC had directed the MP to pay the penalty, issue a public apology and retract his remarks in line with the committee’s determination.

The committee had also ordered that the matter be referred to the Office of the Director of Public Prosecutions (ODPP) for investigations into possible electoral offences.

Gikaria moved to court after the decision, and the penalties were temporarily halted pending the determination of his application.

IEBC said the latest judgment reaffirmed the committee’s authority to summon individuals, hear complaints and determine alleged breaches of the Electoral Code of Conduct.

It also reminded politicians that the electoral enforcement framework allows penalties such as fines, campaign restrictions, formal warnings, apologies and disqualification, issued separately from criminal proceedings.

“The Court noted that voter bribery and schemes intended to promote the suppression of voter turnout are critically serious electoral wrongs and emphasised the importance of effective sanctions in deterring conduct that undermines electoral democracy,” IEBC added.