Preliminary Statement on Human Rights Concerns during the 27th November 2025 By-Elections
The Kenya National Commission on Human Rights (KNCHR) pursuant to its constitutional and legal mandate deployed Commissioners, staff and field monitors to monitor the state of human rights during the by-elections held on 27th November 2025. The aim was to monitor the adherence to human rights standards throughout the by-elections.
The areas where KNCHR deployed teams were; Baringo County for the Senatorial by- election, Kasipul, Ugunja, Malava and Magarini constituencies for the Member of the National Assembly by-elections; and Kariobangi North, Mumbuni North and Kabuchai Wards for the Member of County Assembly by-elections.
The Commission notes that the by-elections took place amid highly contested campaigns characterized by significant rivalry among different political actors. These elections were regarded as a critical moment for political leaders to demonstrate their influence, underscoring the importance of upholding democratic principles and respect for human rights in the lead-up to the 2027 General Election.
Because of the high political premium attached to the by-elections, the tense contest resulted in regrettable incidents of gross violation of human rights. KNCHR documented the following violations that occurred before, during and shortly after the mini-polls:
1. Right to life
Article 26(3) of the constitution states that a person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law. During the by- elections campaigns, KNCHR documented three (3) deaths as summarized below:
1.1 A man in his aged over 70 years was killed during a stampede in Kabuchai Ward, Bungoma County on 23rd November 2025 when a rally that was being addressed by the Trans-Nzoia Governor was disrupted by alleged hired goons.
1.2 Two (2) people were killed in Kasipul Constituency on 6th November 2025 when clashes erupted between supporters of Philip Nashon Aroko, an independent candidate, and those of Boyd Were of the Orange Democratic Movement (ODM) in Opondo, Homa Bay County.
The Commission calls on the police to promptly, thoroughly and impartially investigate these deaths to ensure that those responsible are held to account in accordance with the law.
2. Protection of the right to property
The KNCHR recorded several cases of destruction of property contrary to article 40(1) of the constitution, which reiterates that, every person has the right, either individually or in association with others, to acquire and own property. Some of the cases include:
2.1 On 3rd November 2025, a hotel known as Marina Resort, which is associated with the Kabuchai Member of the National Assembly, Hon. Majimbo Kalasinga, was attacked and vandalised.
2.2 On 22nd November 2025, the home of Hon. Majimbo Kalasinga situated in Chwele area was attacked by suspected goons.
2.3 On the night of Wednesday, 26th November 2025, unknown persons allegedly attacked Down Hill Springs Hotel, associated with DAP-K candidate Seth Panyako in Kaburengu. During the attack, vehicles belonging to Mr. Panyako were also badly damaged.
The KNCHR is in the process of verifying more incidences, which have been reported.
3. Freedom from torture, cruel, inhuman or degrading treatment or punishment and Freedom and Security of the Person
The Commission noted that the by-elections were generally adequately secured, with all polling stations having at least two (2) law enforcement officers as required, and where need arose, more officers were assigned. However, KNCHR established that violence was in some instances employed as a tool to scare and harm opponents during the by-elections, contrary to Articles 25 and 29 of the Constitution. Some of the cases recorded by KNCHR are:
3.1 On 27th November, KNCHR officials visited and interviewed more than ten (10) people admitted at Webuye Hospital who had been harmed during the attack on a hotel belonging to a DAP-K candidate, Seth Panyako in Malava.
3.2 On 27th November 2025, the Homa-Bay town Member of the National Assembly, Honorable Peter Kaluma was attacked and injured at Agoro Sare Primary polling station. During the scuffle, the bodyguard allegedly lost his official firearm.
3.3 On 27th November 2025, Justin Muturi, a former Attorney General and a Democratic Party (DP) official was captured on camera assaulting a man at the Siakago Social Hall polling center in the Mbeere North Constituency, Embu County.
3.4 On polling day 27th November 2025, three people were bruised and had their clothes torn by people who accompanied a CS to Kanyuabora Primary polling station in Mbeere North Embu County.
3.5 On 28th November 2025 in Malava, a man was stripped naked and badly injured on allegations of attempting to manipulate the election tallying process.
3.6 The KNCHR officers observed a middle-aged man who was badly injured with a sharp machete on the polling day near Chwele AIC church.
3.7 A middle-aged man suffered serious head injuries outside Kathese polling station in Mumbuni North on 27th November 2025 after being attacked by alleged supporters from an opposing political camp.
3.8 On 30th November 2025, a thanksgiving service at PCEA Berea Parish in Kariobangi North, Nairobi, for David Warui Wanyoike, who was elected on the DCP (Democracy for the Citizens Party) ticket during the ward by-elections, was disrupted when a large group of youths clashed, leading to injuries and one person sustaining bullet wounds.
The Commission calls upon the National Police Service and the Independent Policing Oversight Authority (IPOA) to investigate all instances of election-related violence, including any alleged excessive use of force, and to ensure access to justice and remedies for victims.
4. Freedom of expression
KNCHR recorded various cases of misuse of freedom of expression during the by-elections. While Article 33 of the Constitution guarantees freedom of expression, this right was in several instances abused. Some of the cases recorded were:
4.1 Numerous cases of cyber and online bullying, including shaming candidates and their supporters by posting abusive language or memes aimed at belittling or portraying some candidates, ethnic groups and political parties in bad light.
4.2 Dissemination of misleading information, especially unverified opinion polls and false election results, aimed at swaying public opinion and influencing support through unorthodox means. KNCHR noted that in all the by-elections, illegal online postings were carried out.
4.3 Illegal postings especially of marked ballot papers and Kiems-Kit screens which is against the law.
4.4 Printing and dissemination of character-assassination posters, especially in Mbeere North, which portrayed candidate Newton Ndwiga as a person who practises witchcraft.
The Commission calls upon relevant regulatory and law-enforcement agencies, including the National Cohesion and Integration Commission (NCIC) and the Communications Authority of Kenya (CA), to proactively address online abuse, disinformation and incitement, while safeguarding legitimate political expression.
5. Political Rights
Article 38 of the Constitution guarantees all Kenyans the freedom to make political choices, including the right to vote for candidates of their choice without undue influence. The KNCHR notes that the by-elections were marred by many cases of open bribery of voters and inducement. In all the places monitored, open bribery was observed. Some of these locations were:
5.1 On 27th November 2025 in Ugunja, KNCHR monitors spotted a vehicle (Honda Fit) whose occupants were allegedly giving money to lure voters. Upon noticing KNCHR personnel, the vehicle sped off.
5.2 On 27th November 2025, in Mbeere North, KNCHR car was followed, overtaken and blocked by a car (Toyota Prado) who’s occupants ordered they delete the pictures taken of them dishing out money at St Peter’s Primary School, Ishiara.
5.3 On 27th November 2025, in Mbeere North, KNCHR staff noted a car (Toyota Allex) parked inside Ciangera Primary School from where money was being given to people who then gave voters outside the school as they came into the polling station.
5.4 On 27th November 2025, in Mbeere North, KNCHR staff were denied entry into Kavengero Primary School by a rowdy crowd who on seeing a car with GK number plates became very hostile, pelted the car with stones saying they did not want government to come to interfere with elections.
5.5 In Mumbuni North, KNCHR monitors witnessed unidentified persons openly giving out money, who were thereafter chased by civilians.
5.6 In Kamutu area, Evurore Ward, Mbeere North, KNCHR monitors observed a vehicle distributing handouts wrapped in red bags.
5.7 At Karabok Primary School polling station in Kasipul Constituency, the KNCHR team witnessed a party agent openly distributing “money for lunch” despite the presence of security agents.
5.8 At Kanangoni polling centre, Magarini Constituency, a suspected ODM official was chased by irate citizens on suspicion of bribing voters.
The KNCHR calls on the IEBC, the Office of the Director of Public Prosecutions (ODPP) and the National Police Service (NPS) to investigate and prosecute cases of voter bribery, and to strengthen preventive measures against undue influence in future elections.
6. Denial of Access to Tallying Centers
The Elections Act allows domestic and international observers to play a role in enhancing the transparency and credibility of the electoral process and to help boost public trust and confidence in election outcomes. The Commission made the following observations:
6.1 During the tallying exercises on 27th November, IEBC allowed party agents and observers into most tallying centres.
6.2 Despite accreditation, the KNCHR staff and monitors had difficulty accessing two tallying centres. KNCHR staff and monitor were completely
denied access to Siakago Primary School Constituency Tallying Centre in Mbeere North on 26th and 27th November 2025.
6.3 In Mumbuni North Ward tallying centre at Mumbuni Girls High School, the KNCHR monitor was denied access until past midnight.
6.4 In Malava and Mbeere North constituencies, KNCHR vehicles were constantly followed and officers shouted at and intimidated for being perceived as pro-government agents due to the official number plates.
The KNCHR urges IEBC and security agencies to guarantee unhindered access for accredited observers and human rights monitors, and to ensure that their work is not impeded through intimidation or arbitrary denial of entry.
7. Other key issues of concern
7.1 Belated shift and late gazettement of polling and tallying centres
a) KNCHR noted that IEBC had generally prepared adequately for the exercise, save for a few incidents that might have denied people the opportunity to participate fully or may have compromised the integrity of the vote.
b) Due to flooding, especially in Baringo South, eight (8) polling stations were submerged in water and IEBC had to gazette new polling stations on short notice.
c) Equally, the shifting of Kabuchai Constituency tallying centre from the historical Musese CDF Hall to Kisiwa Technical Institute was widely perceived as a sinister move, although the courts upheld the decision. The main concern, however, was the late transfer.
The KNCHR recommends that IEBC provide timely, clear and accessible information to voters and stakeholders on any changes to polling or tallying centres, and ensure adequate logistical planning to avoid disenfranchisement.
7.2 Failure to provide essential polling materials
At Agoro Sare tallying centre, processes had to stop and later resume due to lack of lighting
back-up. At Witwa polling station in Mbeere North, voting was delayed until 6:30 a.m. due to inadequate lighting in the rooms.
The Commission calls on IEBC to strengthen contingency planning for basic infrastructure such as lighting and back-up power, to avoid disruption of voting and tallying.
7.3 Haphazard transportation of polling materials
The Commission noted with great concern an incident that occurred at Tihinga Polling station within the Sigomere Ward of the Ugunja Constituency where an IEBC official allegedly took a ballot box to the tallying center without seals and incomplete forms. The risks that come
with such actions are so dire, casting doubts over the credibility on any electoral process.
The KNCHR recommends that IEBC enforce strict chain-of-custody procedures for all election materials and investigate any breaches that may undermine confidence in the integrity of results.
7.4 Unmarked vehicles
The KNCHR documented at least twenty (20) unmarked high-end vehicles, especially in Mbeere North Constituency. In one instance, KNCHR staff followed a car without visible number plates as it passed through a police roadblock without being stopped. Attempts to enquire about the ownership and purpose of one of the vehicles were met with threats and demands that photos be deleted.
The Commission urges security agencies to monitor and regulate the use of suspicious unmarked vehicles around polling and tallying centres and to protect citizens and monitors from intimidation.
7.5 Low voter turnout
The KNCHR noted that in all the stations monitored, most centres recorded an average turnout of about 50%, while some recorded less than 20%.
The Commission calls on all electoral stakeholders, including IEBC, political parties and civil society, to invest in civic education and confidence-building measures to address voter apathy, particularly in by-elections.
7.6 Youth voter apathy
The KNCHR observed that most voters were middle-aged and older, while many youthful voters shunned the process.
The Commission urges targeted engagement of young people through inclusive civic education, issue-based campaigns and meaningful participation platforms to strengthen youth confidence in electoral processes.
7.7 Involvement of government and state officials in campaigns
The KNCHR notes that in all the places monitored, senior and middle-level government officials actively participated in the campaigns and were seen as partisan political actors during and after the by-elections contrary to Chapter six (6) of the constitution, raising concerns about misuse of public office and resources. In Mbeere North, the KNCHR team observed state officers facing hostile crowds in Kanyuambora and Riandu.
The Commission calls for strict adherence to the principles of political neutrality in the public service and urges oversight bodies to address any misuse of State resources for partisan campaigning.
8. Conclusion
The Commission is in the process of compiling the final report, which will be released in due course.
KNCHR further calls upon anyone with information and human rights concerns relating to the by-elections to share it through-: SMS-22359, Email-complaint@knchr.org and Toll Free Line 0800 720 627.
Haki kwa Wote, Kila Wakati.
Claris Ogangah,
Chairperson, Kenya National Commission on Human Rights (KNCHR).