The recently held by-elections have come under sharp criticism from the Kenya National Commission on Human Rights (KNCHR), which accuses the process of lacking transparency. The Commission says the polls were neither free nor fair and raises serious questions about the credibility of the results.

The Commission monitored the by-elections held on November 27, 2025, for the Baringo Senatorial position, as well as for the Member of the National Assembly in the constituencies of Kasipul, Ugunja, Malava, and Magarini; and for the Member of the County Assembly in the Kariobangi North, Mumbuni North, and Kabuchai wards, and documented significant breaches of human rights.

The Commission was, however, kept out of two tallying centres: Siakago Primary School in Mbeere North and Mumbuni North ward. “Therefore, we cannot make a decision on whether the elections were free and fair because we were denied entry,” said Marion Mutugi, Commissioner, KNCHR.

Worryingly, the Commission observed numerous cases of open bribery of voters and inducements during the by-elections. The body said it documented three deaths during the by-elections, with several reported cases of destruction of property contrary to Article 40(1) of the Constitution 2010.

Additionally, the Commission established that violence was, in some instances, employed as a tool to scare and harm opponents during the by-elections, contrary to Articles 25 and 29 of the Constitution. KNCHR also recorded various cases of the misuse of freedom of expression, including cyberbullying and the dissemination of misleading information.

Article 38 of the Constitution guarantees all Kenyans the freedom to make political choices, including the right to vote for candidates of their choice without undue influence.

Moreover, KNCHR noted that senior and middle-level government officials actively participated in the campaigns and were seen as partisan political actors during and after the mini-polls, raising concerns about misuse of public office and resources.

The condemnation came hours after the United Opposition accused the Independent Electoral and Boundaries Commission (IEBC) of being a puppet of the State, warning the electoral body against overseeing shambolic elections in 2027.

The opposition accused the IEBC of being an extension of the State and questioned its transparency in preparing for the 2027 general elections, vowing to challenge the outcome of the Mbeere North and Malava parliamentary by-elections, which they claimed were fraudulent.

The IEBC has defended itself from the accusations, arguing that it had fulfilled 95 per cent of its mandate and placing responsibility for the by-election disruptions on lapses by the National Police Service (NPS) and the Directorate of Criminal Investigations (DCI).

IEBC Commissioner Alutalala Mukhwana said the poll agency’s role was largely executed, while the 5% of unfulfilled responsibilities fell to other state agencies. “There is what was within the armpit of IEBC, and there is what was in the armpit of other state agencies. That is where the five per cent ought to lie,” said Mukhwana.

The Commission is also accused of failing to suspend or cancel elections in areas affected by violence. For instance, in Kasipul, two people died on November 6, following clashes between supporters of Orange Democratic Movement (ODM) candidate Boyd Were and independent candidate Philip Aroko, who held unscheduled rallies in Opondo despite a harmonised campaign timetable.

And in Malava, Democratic Action Party-Kenya (DAP-K) candidate Seth Panyako and his staff were attacked at Downhill Kaburengu Hotel on the night of November 26, hours before voting started. It is alleged that armed assailants injured employees, damaging property and vehicles, and left one man stripped naked, creating fear among voters.

KNCHR Recommendations

The Commission is calling for strict adherence to the principles of political neutrality in the public service and urges oversight to address any misuse of State resources for partisan campaigning.

In addition, the Commission says that IEBC and security agencies must guarantee unhindered access for accredited observers and human rights monitors and ensure that their work is not impeded through intimidation or arbitrary denial of entry.

Moreover, the electoral body, the Office of the Director of Public Prosecutions (ODPP), and the National Police Service (NPS) will investigate and prosecute cases of voter bribery and strengthen preventive measures against undue influence in future elections.

The KNCHR goes ahead to recommend that the NPS and the Independent Policing Oversight Authority (IPOA) should investigate all instances of election-related violence, including any alleged excessive use of force, and ensure access to justice and remedies for victims. The relevant regulatory and law enforcement agencies, including the National Cohesion and Integration Commission (NCIC) and the Communication Authority of Kenya (CA), should proactively address online abuse, disinformation, and incitement while safeguarding legitimate political expression.