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Kenya DPP Vows Tough Action Against Electoral Offences Ahead of 2027 Polls

Although the Independent Electoral and Boundaries Commission (IEBC) has the primary constitutional responsibility for conducting elections, Ingonga said other institutions also have a critical role in protecting the electoral process.

Senior Reporter
5 Min Read
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Kenya’s Director of Public Prosecutions, Renson Ingonga, has reaffirmed the Office of the Director of Public Prosecutions’ (ODPP) commitment to working with electoral, security and justice institutions to ensure peaceful, transparent and credible 2027 General Elections.

Speaking at a high-level roundtable consultative meeting on election security at Serena Hotel in Nairobi on Wednesday, Ingonga said coordinated action among institutions would be critical in protecting the integrity of the electoral process.

He said Article 81 of the Kenyan Constitution provides clear standards for elections, requiring the electoral system to guarantee free and fair elections that are free from violence, intimidation, improper influence and corruption.

“Delivering on this mandate requires the active, coordinated support of all security and justice sector actors,” he said.

Although the Independent Electoral and Boundaries Commission (IEBC) has the primary constitutional responsibility for conducting elections, Ingonga said other institutions also have a critical role in protecting the electoral process.

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He said the ODPP would ensure that attempts to compromise electoral integrity are met with swift, transparent and firm legal action.

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The DPP identified political violence and goonism, targeted gender-based violence and the spread of online disinformation as some of the major threats that could undermine the 2027 elections.

“Kenya must candidly address the serious risks threatening our political environment, particularly the rise of political violence and goonism, targeted gender-based violence, and the unchecked spread of online disinformation,” he said.

Ingonga also raised concern about the misuse of digital platforms to spread false information and dangerous propaganda, saying such activities could undermine national stability during the election period.

He disclosed that the ODPP has appealed to the Supreme Court against a decision declaring sections 22 and 23 of the Computer Misuse and Cybercrimes Act unconstitutional.

He said the appeal is part of efforts to strengthen the legal framework for addressing the use of digital platforms to spread false information that could threaten peace and stability.

The DPP also said the ODPP had engaged Parliament over statutory gaps affecting the prosecution of public order offences.

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He said the office is pursuing amendments to the Penal Code, particularly provisions relating to incitement to violence and creating disturbances likely to cause a breach of peace, which had previously been declared unconstitutional.

Ingonga said aligning the offences with constitutional standards would give law enforcement agencies and prosecutors clear legal tools to prevent and respond to public disorder while protecting fundamental freedoms.

He said the legal framework must strike a balance between maintaining public order and safeguarding constitutional rights.

The DPP said the ODPP was operationally prepared to handle election-related offences across the country, noting that the office has a presence in all 47 counties.

He said prosecutors would rely on the ODPP’s Decision to Charge Guidelines when reviewing investigations relating to electoral offences.

“Prosecutors will review every investigation file with objectivity, independence and political neutrality,” he said.

To strengthen preparedness, Mr Ingonga said the ODPP would conduct capacity-building programmes for prosecutors on election-related offences.

The office will also work with the IEBC and other institutions to strengthen the capacity of justice sector actors ahead of the elections.

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Ingonga said public confidence in security and justice institutions would be central to the success of the electoral process.

He assured Kenyans that suspects accused of electoral offences would be subjected to the law regardless of their political affiliation or standing.

“A credible election depends heavily on public confidence in our security and legal institutions,” he said.

He said the prosecution of electoral offences must be conducted professionally, fairly and independently to strengthen confidence in the justice system and the electoral process.

The DPP said preparations for peaceful and credible elections should not wait until polling day but should involve sustained collaboration among institutions.

He reaffirmed the ODPP’s commitment to working with the IEBC, National Police Service, civil society organisations and other security sector partners to protect the democratic rights of Kenyans.

“Building a secure and credible election is a continuous effort that requires unwavering collaboration ahead of the polling day,” he said.

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