The Independent Electoral and Boundaries Commission (IEBC) has shifted blame over the chaos that marred last week’s by-elections, accusing the police and the Directorate of Criminal Investigations (DCI) of failing to prevent violence that left Kenyans shocked and two people dead.

In a candid interview on Spice FM on Wednesday, December 3, IEBC Commissioner Paul Ndemo insisted the commission delivered “95 percent” of its mandate — and that the remaining 5 percent, tainted by violence in Kasipul, Malava and Mbeere North, belonged squarely to other state agencies.

“There is what was within IEBC’s armpit and what was within the armpit of other agencies,” Ndemo said. “That 5 percent lies with them.”

His remarks come as critics question why the IEBC failed to suspend or cancel elections in constituencies where violence spiralled out of control.

Bloody Kasipul Clashes

Kasipul was the worst hit. Two people were killed on November 6 when supporters of ODM’s Boyd Were and independent candidate Philip Aroko clashed after both violated a harmonized campaign calendar by holding unsanctioned rallies in Opondo.

Despite the bloodshed — and the two candidates being fined Sh1 million each — the IEBC allowed the by-election to proceed, a decision now under scrutiny.

Terror Night in Malava

In Malava, the violence took on a terrifying turn hours before voting began.
DAP-K’s Seth Panyako and his hotel employees were ambushed by armed attackers at the Downhill Kaburengu Hotel on November 26.

Staff were injured, vehicles vandalized — and one man was stripped naked, a humiliation that sparked national outrage and fueled fear among voters.

‘We Don’t Have Our Own Police’ — IEBC

Ndemo defended the commission’s handling of election day, arguing polling stations opened on time, ballot boxes were inspected publicly, agents were present and officers were properly trained.

But he also admitted the violent scenes damaged the country’s image.

“The images from Malava and Kasipul were not good for anyone in this country,” he said.
“IEBC does not have its own police, its own DCI or NIS. We rely on a multi-agency approach. When others fail, IEBC takes the body blows.”

He said the commission could not directly link the two Kasipul candidates to the deaths, as no evidence was presented to the disputes committee.

A Big Test for a New Commission

The by-elections — spanning six constituencies and one Senate seat — were the first major test for the newly sworn-in IEBC, which took office on July 11, just four months before the polls.

Ndemo, who oversaw Magarini, insisted IEBC met constitutional thresholds under Article 81 on free, fair and transparent elections.

But the commission’s own Electoral Code of Conduct Enforcement Committee has now accused Homa Bay county officials of misusing public resources during the campaigns, opening a new front in the blame game.

As investigations continue, pressure is mounting on the NPS, DCI and IEBC — with many Kenyans asking the same question: Who is really responsible for keeping elections safe?