Kenya Police: Recommend Violent Actors to IEBC for Disqualification

• Kenya's National Police Service will recommend individuals involved in political violence to the Independent Electoral and Boundaries Commission for potential disqualification from contesting elections.
• Deputy Inspector General Gilbert Masengeli announced this measure as part of intensified efforts to prevent violence ahead of the 2027 General Election.
• The new policy follows a violent incident at a Homa Bay County political rally on August 16, which led to 37 arrests, property damage, and injuries to eight police officers, including one fatality.
• Police are pursuing organizers, facilitators, and sponsors of political violence, warning that such actions will lead to firm consequences.
• Masengeli emphasized that constitutional freedoms do not justify conduct threatening national security or the common good, urging shared responsibility for public safety.

This proactive stance by the National Police Service, in collaboration with the Independent Electoral Boundaries Commission, aims to deter future political violence by establishing a clear consequence for such actions.

The National Police Service (NPS) in Kenya has announced a significant new strategy to curb political violence ahead of the 2027 General Election, declaring its intention to recommend individuals involved in such activities to the Independent Electoral and Boundaries Commission (IEBC). These recommendations aim to identify and potentially disqualify political actors deemed unfit to contest elective positions due to their track record of promoting or perpetrating violence. Deputy Inspector General of the Administration Police Service, Gilbert Masengeli, confirmed this development, underscoring the security agencies' intensified efforts to prevent politically instigated unrest.

Masengeli explicitly stated that the police would submit names of political figures whose histories demonstrate involvement in fostering or carrying out violence to the electoral body for its consideration. This proactive approach by the Kenya police to recommend violent actors to the IEBC signals a stricter stance against individuals who organize or sponsor disruptive activities. He warned that those found to be involved in such acts would face decisive action, emphasizing that investigations, arrests, and crime prevention would be central to the police response.

This new directive follows closely on the heels of a violent disruption at a Linda Mwananchi political rally in Homa Bay County on August 16. The incident, which saw widespread disorder, prompted the National Police Service to escalate its investigations and apprehend suspects. In connection with the violence, 37 alleged gang members were arrested, found in possession of a cache of crude weapons, including machetes, ropes, metal rods, knives, rungus, batons, and torches.

The Homa Bay political rally violence also resulted in attacks on journalists and significant damage to property, including five police vehicles and multiple civilian vehicles. Tragically, one police vehicle lost control during the chaos, leading to the death of its driver and injuries to five other officers. An additional three officers had sustained injuries the day prior during the arrest of suspected gang members along the Kisumu-Kericho Road, bringing the total number of injured officers from these two related incidents to eight. The NPS has indicated it is actively pursuing other individuals implicated in the violence, including those who organized, facilitated, or sponsored these criminal activities, warning that anyone recruiting, financing, mobilizing, arming, or otherwise enabling criminal elements to cause disorder will be targeted.

Deputy Inspector General Masengeli made these remarks during the launch of the "Roadmap to a Peaceful General Election 2027," an initiative where various security and cohesion agencies outlined measures to prevent election-related violence. He stressed that while political and civil freedoms are enshrined in the constitution, these rights are not absolute and cannot be invoked to justify actions that threaten national security or the broader public good. Masengeli urged both political actors and the general public to review their constitutional rights and responsibilities, highlighting that there are clear limits when conduct poses a threat to the nation's security or common welfare.

The Deputy Inspector General also underscored that security is a collective responsibility, calling for universal respect for political and civil rights while acknowledging the shared duty to maintain public and national safety. The increasing political activity across Kenya, with parties and politicians holding public gatherings and mobilizing supporters in anticipation of the 2027 elections, makes incidents like the Homa Bay violence a stark reminder of the security challenges inherent in such political mobilizations.

The NPS's commitment to recommend violent actors to the IEBC introduces a critical new dimension to Kenya's election integrity measures. This mechanism for Independent Electoral Boundaries Commission candidate vetting, based on National Police Service political actor recommendations regarding political violence, could significantly impact the eligibility of individuals seeking elective office in the 2027 election. Lawyers advising political clients or involved in election law must be acutely aware of this development, as it creates substantial compliance risks for those involved in or sponsoring politically motivated violence.

This proactive stance by the National Police Service, in collaboration with the Independent Electoral Boundaries Commission, aims to deter future political violence by establishing a clear consequence for such actions. The potential for disqualification based on police findings means that political actors, including those warned by Gilbert Masengeli about 2027 election violence, now face a direct threat to their political aspirations if implicated. This also opens new avenues for legal challenges against IEBC decisions, as candidates may dispute the basis of police recommendations, thereby shaping the legal landscape surrounding election integrity and candidate eligibility in Kenya.

Lawyers advising political clients or involved in election law should be aware of this new mechanism for candidate disqualification based on police recommendations regarding political violence. This creates a significant compliance risk for clients involved in or sponsoring such activities, potentially impacting their eligibility for the 2027 General Election and opening avenues for legal challenges against IEBC decisions.

Source: Original reporting via Kenyan news sources