The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri Member of Parliament Wanjiku Muhia KSh1.5 million after finding her guilty of breaching the Electoral Code of Conduct through inflammatory remarks made during a political rally in Nyandarua County.
The ruling, delivered on Friday, July 10, 2026, by the IEBC Electoral Code of Conduct Enforcement Committee, also directed the legislator to issue a public apology and warned that failure to comply could result in her being barred from future elections.
The committee, chaired by Commissioner Dr. Alutalala Mukhwana, found that Muhia violated Paragraph 6(a) of the Electoral Code of Conduct by making utterances capable of inciting violence, intimidation, hatred, and hostility, thereby undermining the principles of peaceful campaigning and the integrity of the electoral process.
"The committee has established that the respondent has violated paragraph 6A. The complaint has been proved on the balance of probabilities, being the standard applicable to these quasi-judicial proceedings," the committee ruled.
The Offensive Remarks
The complaint arose from remarks Muhia allegedly made during a campaign rally in Ol Kalou Constituency, where she addressed residents in her native Kikuyu language.
In the now-viral video, the MP urged residents to organise themselves into groups of ten and monitor outsiders whom she claimed could be brought into the constituency to influence the by-election.
"We will not allow people to be brought from other counties to vote in Ol Kalou. Ol Kalou people know each other in clans, and we will not allow voters from outside to take part in the by-elections," she was heard saying. She also spoke of people she described as "goons and criminals" interfering with the electoral process and urged residents to remain vigilant.
The committee found that these remarks were configured to incite citizens to violence, hatred, hostility, and intimidation, thus undermining peaceful campaigning.
Proceedings and Legal Drama
The hearing was not without drama. Muhia's legal team, led by advocates Edward Muriu and Ndegwa Njiru, had earlier walked out of the proceedings, accusing the panel of bias, procedural unfairness, and pursuing a predetermined outcome against their client.
The lawyers withdrew from the proceedings after the committee declined an application for adjournment and indicated it would proceed with the hearing.
Speaking outside the hearing venue, Muriu accused the committee presided over by Commissioner Mukhwana of disregarding concerns over its composition and refusing to grant the defence time to seek interpretation of the relevant Gazette Notice in the High Court.
"We applied for adjournment to go to the High Court for interpretation of the Gazette notice, but they insisted, irrespective of our protestations, they decided they want to proceed in the absence of the respondent, Hon. Wanjiku Muhia, and her counsel," Muriu said.
The lawyers further claimed they arrived at the venue on time but were informed that the committee had already commenced proceedings in their absence.
They also questioned the authority of the official presiding over the session, arguing that the panel was not chaired by the gazetted office holder. However, the IEBC committee rejected the jurisdictional objection, ruling that it was properly constituted and had the legal mandate to hear and determine the matter.
Commissioner Mukhwana stated that the committee was satisfied it could proceed with the matter, adding that the law did not require parties to remain present for proceedings to continue.
Three Witnesses Testified
The committee heard evidence from three witnesses who testified under oath. The first witness, Anthony Njeraini, the Returning Officer for Ol Kalou Constituency, told the committee that he came across a video circulating on social media containing remarks he considered offensive and inconsistent with the Electoral Code of Conduct.
A native Agikuyu speaker, Njeraini said he watched and listened to the clip before concluding that the language used was improper and contrary to the law.
He subsequently reported the matter to the secretary of the Electoral Code of Conduct Enforcement Committee, triggering investigations.
The committee found that his testimony established the genesis of the complaint and explained how the alleged breach came to the attention of the commission.
The second witness, Nancy Kariuki, the County Elections Manager for Nyandarua County, testified that after receiving reports about the circulating video, she retrieved and preserved the electronic evidence before forwarding it to the IEBC Director of Legal Services.
The committee watched the video during the proceedings, with Kariuki confirming it was the same recording she had preserved. She described the contents as offensive, inflammatory, and inconsistent with the standards expected of leaders participating in an electoral process.
Kariuki also told the committee that many residents of Ol Kalou, including IEBC staff, were non-locals and that the heightened political tensions left her feeling threatened.
According to the committee, her evidence established a clear chain of custody, demonstrating that the electronic evidence had been securely preserved from the time it was retrieved until it was presented before the committee.
The third witness, investigations officer Mohamed Halake, testified that the video underwent forensic examination to determine its authenticity, source, and integrity, with technical verification conducted with the assistance of the Communications Authority of Kenya.
The forensic analysis established that the video had not been altered, edited, or manipulated, that its electronic metadata matched the original publication, and that it originated from the identified social media account. Based on the findings, the committee concluded that the publication was authentic and that there was an unbroken chain linking it to Wanjiku Muhia.
"The forensic examination confirmed the authenticity of the video and established an unbroken chain linking its publication to the respondent," the committee ruled. It further stated that there was no evidence of tampering or manipulation and that the impugned publication was correctly attributable to the legislator.
The Penalty
In its ruling, the committee issued several directives against the Kipipiri legislator. First, it issued a formal and resolute warning to Muhia to refrain from ever making such utterances again, as they were considered capable of inciting violence, intimidation, and hatred, thereby undermining the principles of peaceful campaigning and the integrity of the electoral process. Second, it issued a stern warning to Muhia to refrain from any conduct inconsistent with the Electoral Code of Conduct.
Third, it directed Muhia to issue a public retraction and apology to the people of Kenya as an affirmation of her commitment to uphold the Constitution and the Electoral Code of Conduct, and to refrain from making or disseminating statements capable of inciting violence, hatred, or otherwise undermining peaceful electoral processes.
Fourth, it directed Muhia to personally sign the retraction and apology at the Commission's headquarters, Vasari Towers, 6th Floor, at 4:00 p.m. on Monday, July 13, and thereafter publicly issue the apology.
Fifth, it ordered Muhia to pay a fine of KSh1.5 million to the IEBC within 72 hours of the reading of the judgment. Sixth, it issued a stern warning that failure to comply with these orders, or any subsequent violation of the Electoral Code of Conduct, shall attract further sanctions as provided under the Elections Act and the Electoral Code of Conduct, including, but not limited to, an order barring her from contesting any future election conducted by the IEBC. The committee made no order as to costs.
"The Committee hereby condemns and directs Hon Wanjiku Muhia to pay a fine of Ksh 1.5 million to the IEBC within 72 Hours of this judgement," Mukhwana declared.
"The Committee issues a stern warning to Hon Wanjiku Muhia that failure to comply with the orders issued herein or any subsequent violation of the Electoral Code of Conduct shall attract further sanctions, including, but not limited to, issuing an order barring her from contesting in any further election conducted by the IEBC in accordance with the applicable law," the ruling read in part.
Muhia Declined to Participate
The ruling followed hearings in which the committee noted that Muhia had been given sufficient opportunity to defend herself but declined to participate in the proceedings.
"The committee is satisfied that the respondent was afforded space and time to defend herself, but she opted to decline the invitation to be heard," the committee ruled.
Commissioner Mukhwana explained that the committee proceeded with the matter in Muhia's absence after her legal representatives walked out of the hearing, challenging the committee's jurisdiction.
"We are satisfied that this committee could proceed with the matter. We tried the case in absentia after Wanjiku's representatives walked out of the committee hearing following their objection to the validity of the committee to hear the matter," he said.
According to the committee, Muhia was accorded an opportunity to defend herself but voluntarily chose not to participate in the proceedings.
"The respondent was accorded the right to a fair hearing, but when a party voluntarily declines to exercise that right, as happened in this case, they are deemed to have waived their right to be heard," the committee stated.
IEBC Takes a Strong Stand Against Electoral Violence
While delivering the ruling, Commissioner Mukhwana made it clear that the commission would not tolerate conduct that fuels electoral violence. "Our streets are increasingly being taken over by goons.
Kenya is currently experiencing a deeply disturbing wave of electoral campaign violence where organised goons are deployed to unleash bloodshed, fear and looting upon innocent citizens," he said.
"The IEBC will not sanitise criminal behaviour by calling it political enthusiasm. Goons are a lawless assault on our constitutional democracy," he added.
The ruling comes amid heightened political tensions ahead of the Ol Kalou parliamentary by-election, with the commission recently warning that escalating violence and voter bribery could force it to postpone or cancel the poll if the situation deteriorates further.
The IEBC had earlier dispatched investigation teams to Ol Kalou to probe a series of allegations surrounding the ongoing by-election campaign, including voter bribery, illegal late-night campaigns, violence, and the presence of suspected criminal gangs in the constituency.
Commission Chairperson Erastus Ethekon revealed that the commission had already commenced investigations into allegations of voter bribery, violence, and other electoral offences.
Broader Context
The case comes at a time when the IEBC is taking a firmer stance on electoral misconduct. The commission has recently warned that it could postpone or even cancel the Ol Kalou parliamentary by-election if insecurity, voter bribery, and other breaches of the Electoral Code of Conduct continue during the ongoing campaigns.
The ruling against Muhia is seen as part of a broader effort by the IEBC to enforce the Electoral Code of Conduct and ensure that political leaders adhere to the principles of peaceful campaigning.
The KSh1.5 million fine and the 72-hour apology order may ultimately matter less as individual sanctions than as a statement of intent.
The IEBC appears to be drawing a line and inviting Kenya's political class to decide which side of it they intend to stand on.
Meanwhile, Muhia's legal team has vowed to challenge the proceedings in the High Court while maintaining that they remain willing to appear before what they describe as a properly constituted and impartial tribunal.
It remains to be seen whether the MP will comply with the committee's orders or take the matter to court.
What is clear, however, is that the IEBC is sending a strong message that inflammatory remarks and conduct capable of inciting violence will not be tolerated in Kenya's electoral processes.
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