The Independent Electoral and Boundaries Commission (IEBC) recently threatened to postpone or even call off the Ol-Kalou parliamentary by-election altogether following acts of violence experienced during the campaign period.

🇰🇪 Breaking It Down

The announcement of the possible postponement led to many questions, with the public questioning whether the electoral body has the power to call off an election that has already been planned and its date already set.

Unbeknownst to many, under Kenyan law, IEBC has the power to postpone a scheduled election, but only under specific circumstances.

According to the Elections Act 2011, Section 55B, the commission may delay an election in a constituency, county, or ward where it determines that holding the poll on the appointed date would not be possible or would threaten the credibility and safety of the process.

📌 What You Need to Know

The law identifies three key situations that can lead to the postponement. According to the Act, IEBC may postpone an election where it has reason to believe that a serious breach of the peace is likely to occur if voting proceeds on the scheduled date.

This provision gives the commission room to act where insecurity, violence, or other serious threats could endanger voters, election officials, or candidates, or disrupt the conduct of the poll.

For instance, following the act of violence and attacks seen in Ol-Kalou recently during campaigns, if IEBC confirms that the violence poses a serious security threat and its officers cannot conduct the election safely, it might be forced to delay or even postpone.

However, ordinary political disagreements or isolated incidents may not automatically justify a postponement, as the threat must be serious enough to affect the ability to hold a peaceful election.

At the same time, an election may also be postponed where it becomes impossible to conduct voting because of a natural disaster or other emergency.

These include situations such as severe weather events, major disruptions, or other unforeseen emergencies that prevent voters from accessing polling stations or stop election officials from carrying out their duties.

📰 Source: Kenyans.co.ke