FOR IMMEDIATE RELEASE NAIROBI, Saturday, 29th November, 2025.

1. Introduction

The purpose of this observation was to assess the conduct of the by-elections in line with Kenyan electoral laws, regional principles, and international standards, and to offer an independent, impartial account of the electoral process as it unfolded on Election Day.

Inuka Kenya Ni Sisi! under its ‘Angaza Kura’ elections platform, observed the by-elections in Malava Constituency (Kisa East Ward) in Kakamega County, Chwele/Kabuchai Ward in Bungoma County, and Kariobangi North Ward in Nairobi City County. A total of 52 observers were deployed, with 45 stationed in polling stations and 5 who were roving observers in Malava Constituency and Chwele/Kabuchai Ward. Inuka also deployed observers in the three Tallying Centres, namely Malava Boys High School for Malava Constituency, Our Lady of Mercy for Kariobangi North Ward, and Kisiwa Technical Training Institute (KTTI) for Chwele/Kabuchai Ward.

Guided by the Constitution of Kenya, 2010, Elections Act, IEBC Act, Election Offences Act, Political Parties Act, Electoral Code of Conduct, Political Parties Code of Conduct and other electoral laws and regulations, as well as regional and international instruments and standards, Inuka Kenya–Angaza Kura observed the procedures during the opening of polling stations, the voting process, the closing of polling stations, and the counting and tallying of votes in selected tallying centres. Observers submitted their findings through online observation tools to the coordinating team.

This preliminary statement is therefore based on verified reports from sampled polling stations and the three tallying centres on 27 November 2025.

2. Key Observation Findings

Polling Environment and Access

The voting environment during the day remained mostly calm and efficient, with polling layouts designed to support smooth voter flow. However, the process was undermined by persistent accessibility challenges, including blackouts at polling stations such as Busaka Primary Polling Station and Chwele VTC Polling Station. There were some polling stations, like Nalondo DEB and Marura Primary Schools, where wheelchair users faced physical barriers like staircases, a lack of ramps, and overgrown paths. These gaps reveal a polling environment that, while procedurally sound, still falls short of ensuring full accessibility and equal participation for all voters, particularly persons with disabilities. While KIEMS kits functioned reliably overall, occasional biometric verification failures forced temporary reliance on manual registers and caused minor delays in some polling stations, like room 2 at Busakala Primary School Polling Station.

Opening of Polling Stations

From the polling stations observed, the opening phase of the election proceeded in an orderly and largely compliant manner. Ahead of the official start time, Inuka Kenya observers noted that some voters had already gathered at the entrances of polling stations, demonstrating strong early interest in the process. All the 52 polling stations observed opened promptly at 6:00 a.m., with election officials displaying and confirming that ballot boxes were empty before sealing them correctly with one case -St. Stephen Sikusi Primary School- opening 30 minutes after 6:00 am. Essential voting materials were present in adequate quantities, and staff appeared well-trained and prepared to manage both the polling process and the equipment, despite one reported case of a missing queuing clerk. The overall impression from the opening reports is that the logistical and procedural aspects of early polling were handled efficiently and consistently by IEBC officials across the polling stations in the aforementioned electoral areas.

Although the KIEMS kits functioned well in most cases, some stations reported biometric verification failures requiring a temporary shift to the manual register, causing minor delays. These technical and accessibility gaps, while not widespread enough to derail the process, nonetheless highlight areas requiring urgent attention to ensure a fully inclusive and seamless voting experience in future elections.

Voting Process During the Day

In most of the polling stations observed, the voting process proceeded smoothly and in an orderly manner. The physical setup in most polling stations facilitated a smooth flow of voters, supported by queuing clerks who assisted and directed voters appropriately. However, in two polling stations, namely Busakala Primary Polling Centre and Chwele VTC Polling Centre, there were only two queuing clerks, even though each of those Polling Stations had 4 Polling Streams. The absence of a queuing clerk created confusion as voters struggled to locate the correct polling room within a centre that hosted the separate polling stations.

The secrecy of the ballot was generally upheld, though two concerning incidents were reported. At Walukaya Primary School in Chwele/Kabuchai Ward and Eshibinga Primary School in Kisa East Ward, presiding officers invited party agents to observe how assisted voters cast their ballots—an action that undermines voter secrecy and violates established procedures.

Our Election Observers also noted a high presence of “super agents” accredited by the IEBC who moved from one polling station to another seeking constant updates and, at times, disrupting the work of polling officials. For example, at Busakala, Chwele VTC, Musese CDF Polling Station, and Shitirira Primary School Polling Station, at least ten such agents made visits, creating pressure on election officials. In addition, some party leaders remained in or around polling stations long after voting, contributing to an environment that could be interpreted as tense and intimidatory.

Furthermore, cases of voter bribery and undue influence were observed in both Chwele/Kabuchai Ward and Malava Constituency, including incidents occurring within polling stations and in nearby homes belonging to party agents—often within the prohibited 400-metre radius. These practices not only breach IEBC regulations but also undermine the integrity of the electoral process. However, the IEBC officials who were asked to intervene claimed that it was the work of the National Police Service and other law enforcement agents.

Closing and Counting

Closing and counting as observed were compliant and within the legal framework. In all the polling stations observed, the layout was reorganized for visibility, adequate lighting was provided, ballot box seals were publicly verified, and ballots were audibly called out. Security was adequately provided by police officers who were present in all polling stations when counting commenced.

3. Incidents and Critical Observations

Accessibility Failures

Multiple polling stations demonstrated significant barriers to inclusive participation for persons with disabilities (PwDs). At Nalondo DEB Primary School in Chwele/Kabuchai Ward, staircases made it impossible for wheelchair users to access the polling rooms, while at Marura Primary School, the lack of ramps and the presence of overgrown grass further hindered mobility-challenged voters. Observers also noted the absence of tactile ballot guides or tactile ballots for visually impaired voters. This points to a systemic gap that the Commission needs to address by maintaining accurate statistics on voters with visual impairments and ensuring that adequate assistive materials are provided to guarantee a fully inclusive voting process.

Election Integrity Breaches

The observers documented multiple violations of electoral integrity in both Malava Constituency and Chwele/Kabuchai Ward. At Busakala Primary School in Chwele/Kabuchai, observers reported “seven young individuals near the gate engaging voters” and others “canvassing with voters on the queue,” indicating coordinated efforts to unlawfully influence voters. In Malava, there were cases where alleged voter bribery was reported as being orchestrated by party agents, with distributions taking place inside nearby homes, amounting to campaigning and voter influence within the prohibited 400-metre radius of polling stations, contrary to the Electoral Code of Conduct. Observers also noted the involvement of local administrators, including Assistant Chiefs and County Government administrators, who were seen mobilizing voters; in some cases, such as in Malava, chiefs voted and remained at polling stations, creating unnecessary suspicion and tension. At Shitirira Primary School, security officers were compelled to intervene and ask a sub-chief to leave, although he and an area administrator later returned seeking voter turnout statistics, further contributing to pressure on polling officials.

Intimidation and Harassment

Observers recorded several forms of intimidation targeting voters, agents, and candidates across the observed areas. At CDF Musese/Msese CDF, observers reported two cases of voter bribery near the polling centre and noted that agents from opposing parties were harassed by individuals allegedly associated with FORD-K. In another incident, one candidate was physically assaulted at a polling station, heightening concerns about the safety and security of the electoral process. These acts of intimidation, coupled with persistent threats directed at voters, created an atmosphere of fear that negatively affected voter turnout in some locations.

Electoral violence occurred at 8.50 AM within a 400M radius just next to the Queue at Busakala Polling Station, where one of the drivers/supporters of the Independent Candidate was beaten and injured badly by the Ford Kenya candidate on allegations that he was canvassing and bribing the voters on the queue. The Election Observers at the Polling Station reported the incident to both the IEBC and Security Officers present, but no action was taken against the Ford Kenya Candidate who had assaulted the supporter of the Independent Candidate. A similar incident took place at Chwele VTC, where the chief agent of the Independent Candidate was seriously injured in the morning around 9:00 AM, allegedly by persons associated with the Ford Kenya Candidate.

Misuse of Accreditation and Authority

In Malava Constituency, observers noted the misuse of IEBC badges by accredited party agents, some of whom were found wearing IEBC-like identification that created a misleading impression of official authority. This misuse was compounded by reports from Presiding Officers who faced intense pressure from more than ten “super agents” moving from station to station, demanding real-time updates on the voting process. Such conduct disrupted normal polling operations, created confusion among voters, and placed undue pressure on polling officials, ultimately undermining the orderly management and integrity of the electoral process.

Operational and Logistical Challenges

In some polling stations observed, IEBC staff were not provided with basic welfare support, including meals. This lack of essential provision negatively reflects on the Commission’s commitment to ensuring that its personnel remain effective and efficient throughout the polling day. Adequate staff welfare is critical for maintaining high performance and reducing fatigue-related errors in the management of the electoral process.

A power blackout affected parts of Chwele/Kabuchai Ward, creating anxiety among voters and other stakeholders. However, the Returning Officer intervened promptly by providing lantern lamps, enabling the tallying process to continue without interruption. This swift response helped maintain continuity and confidence in the process despite the challenging conditions.

Voter Bribery and Influence Inside and Around Polling Stations

Observers documented multiple incidents of alleged voter bribery and undue influence inside and around polling stations. In Chwele/Kabuchai Ward, cases were reported at Busakara Primary, Chwele VTC, Sinandiki, Musese CDF, Walukaya, and Nairumbi Polling Stations, where aspirants or their agents operated from classrooms within polling centres and voters were directed to pass through these rooms to receive “kalamu” before voting. Such practices directly undermine the integrity of the polling environment. In Malava Constituency, observers at Shitirira Primary School reported coordinated bribery taking place in nearby homes belonging to party agents, where voters were approached and influenced before entering the polling compound. Despite these violations occurring openly—including within polling station boundaries—IEBC officials and police did not take visible action to stop or deter the malpractice, further compromising the neutrality and credibility of the electoral process.

General Tension and Propaganda

Observers noted widespread tension and misinformation that contributed to fear and suppressed participation, particularly in Chwele/Kabuchai Ward and Malava Constituency.

4. Voter Turnout Patterns

Chwele/Kabuchai Ward

Turnout stood at 50.09%, with 9,160 votes cast out of 18,288 registered voters. While this level of participation aligns with Kenya’s typical by-election averages, the demographic pattern was notable: youth turned out in significant numbers to elect one of their own, who ultimately emerged as the winner. Compared to other areas, the youth in Chwele/Kabuchai demonstrated renewed confidence in the electoral process, signalling hope that young people can meaningfully shape political outcomes through active participation.

Malava Constituency

Voter turnout in Malava Constituency stood at approximately 46.25%, with 43,675 ballots cast out of 94,417 registered voters across 198 polling stations. While the turnout aligns with Kenya’s typical by-election averages, the demographic breakdown raises concerns: youth participation was notably low, whereas women turned out in comparatively higher numbers. This pattern suggests a growing disengagement among younger voters, possibly influenced by political apathy. Overall, the turnout reflects a moderately engaged electorate but one that is unevenly motivated across age groups.

Kariobangi Ward

Kariobangi Ward recorded a significantly low turnout of 29%, despite having 24,500 registered voters and 34 polling stations distributed across five centres, each capable of accommodating up to 700 voters. This exceptionally low participation signals a serious disconnect between the electorate and the political process in this urban setting. Possible contributing factors include dissatisfaction with local leadership, limited voter mobilization, economic pressures that reduce voter availability, or heightened perceptions of insecurity and mistrust. The contrast between Kariobangi and other electoral areas highlights an urgent need for targeted civic engagement and confidence-building efforts to address voter apathy in densely populated urban wards.

5. Preliminary Recommendations

Strengthen Accessibility and Inclusion for PwDs

The IEBC should conduct mandatory accessibility audits of all polling centres before Election Day and ensure that every station has ramps, clear pathways, and accessible polling rooms. The Commission should also maintain an updated register of voters with visual impairments and provide tactile ballot guides and other assistive devices to guarantee full participation of persons with disabilities.

Enforce the Electoral Code of Conduct and Curb Bribery

The IEBC and security agencies must enforce strict penalties for voter bribery and campaigning within a 400-metre radius of polling stations. Immediate intervention protocols should be activated whenever bribery or undue influence is detected, including removal of perpetrators and documentation of violations for prosecution.

Regulate Party Agents and Prevent Misuse of Accreditation

The IEBC should strengthen the accreditation process by introducing tamper-proof badges, unique QR-coded identification, and clear guidelines on agent movement. “Super agents” should be disallowed, and presiding officers must be empowered to remove any agents who intimidate staff or disrupt operations.

Protect Voters, Candidates, and Agents from Intimidation

Security agencies should increase their presence around polling stations and establish rapid-response mechanisms for incidents of violence, threats, or harassment. Individuals linked to political groups engaging in intimidation should be identified, removed, and subjected to legal action to safeguard the freedom of voters.

Restrict Presence of Local Administrators at Polling Stations

Chiefs, assistant chiefs, and county administrators should be barred from polling stations except when voting. IEBC should issue strict guidance clarifying that administrators must leave immediately after voting to avoid perceptions of influence or coercion.

Improve Polling Staff Welfare and Operational Support

The IEBC should provide basic welfare items—meals, water, and shelter—to polling staff to prevent fatigue and mistakes. Additionally, contingency plans for power outages, such as the provision of lamps and backup lighting, should be standardized for all polling centres.

Political Parties and Candidates Must Refrain from Violence and Intimidation

Political parties and candidates should refrain from the use of violence, intimidation, and harassment as political tactics. The violence witnessed in the observed areas appeared deliberate and orchestrated, posing a direct threat to the credibility of the electoral process and the safety of voters, agents, and candidates. Such actions contravene the Elections Offences Act, which criminalizes the use of force, violence, or threats to influence electoral outcomes. Parties and candidates must therefore uphold the law, promote peaceful political engagement, and ensure that their supporters conduct themselves in a manner that protects the integrity of elections and safeguards public confidence in democratic processes.

Enhance KIEMS Reliability and Backup Measures

The Commission should strengthen KIEMS functionality through better pre-poll testing and rapid technical support teams. Clear guidelines for switching to manual registers should be emphasized to minimize delays and maintain voter confidence.

Ensure Strict Adherence to Ballot Secrecy

IEBC should retrain presiding officers on assisted voting procedures to avoid exposing voter choices to party agents. Any officer violating secrecy protocols should face disciplinary action.

6. Conclusion

In conclusion, Inuka Kenya appreciates the voters who turned out to exercise their democratic franchise, demonstrating commendable commitment to participatory governance despite the challenges observed throughout the polling process. Their dedication to engaging in the democratic exercise reflects a strong civic spirit and underscores the determination of ordinary Kenyans to safeguard and advance the growth of democracy.

Signed by

Dr. Kawive, Wambua
Chief Executive Officer,
Inuka Kenya Ni Sisi!