The Independent Electoral and Boundaries Commission (IEBC) has found United Democratic Alliance (UDA) Secretary-General Hassan Omar in breach of the Electoral Code of Conduct over controversial remarks he made about using the fingerprints of deceased persons to cast votes in the 2027 General Election.
In a determination released on Wednesday, November 4, the commission's Electoral Code of Conduct Enforcement Committee (ECCEC) found Omar guilty of violating paragraphs 6(k)(i) and 6(l) of the Electoral Code of Conduct.
The committee consequently issued the former Mombasa Senator with a formal and strict warning and severe caution under paragraph 7(a)(i) of the Code, directing him to observe electoral regulations and avoid statements or conduct that could be interpreted as encouraging or normalising electoral malpractice.
The decision follows a complaint arising from remarks Omar allegedly made during a political rally in Mombasa County on September 11, 2026, where he spoke about using the biometric details of deceased individuals to facilitate voting in their names.
According to the IEBC, Omar was summoned to appear before the committee on October 21, 2026. He honoured the summons in person and was accompanied by legal counsel, allowing him an opportunity to respond to the allegations and present his defence.
In arriving at its determination, the committee considered the circumstances surrounding the remarks, Omar's explanation that his statements were figurative and intended to encourage voter registration and participation, as well as his subsequent clarification.
The committee also acknowledged that there was no evidence of an actual electoral incident arising from the statements.
However, the electoral body maintained that the remarks, assessed in their original Kiswahili form, ordinary meaning and context, invoked the use of a deceased person's biometric identifier to facilitate voting in that individual's name.
The committee concluded that such language was inconsistent with the obligation to reassure voters about the integrity of the ballot and uphold public confidence in the electoral process.
Omar had previously defended his remarks, maintaining that they were not intended to promote electoral fraud but rather to emphasise the importance of voter mobilisation, particularly in the Coast region. During his appearance before the committee, his defence argued that the comments were figurative and had been taken out of context.
Despite the explanation, the committee proceeded with the warning, making it clear that any subsequent breach could attract more severe sanctions under the Electoral Code of Conduct and applicable laws.
In its statement, the IEBC directed Omar to remain compliant with the Code throughout the applicable election period, particularly by avoiding language or behaviour that could reasonably be understood as undermining the credibility of elections.
The commission also used the determination to caution other political leaders, candidates, political parties and their supporters against irresponsible public statements as the country prepares for the 2027 General Election.
The IEBC acknowledged that political actors have a constitutional right to campaign, criticise, debate, persuade and participate in political discourse. However, it emphasised that these freedoms must be exercised within the boundaries of the Constitution and electoral laws.
The commission further clarified that enforcing the Electoral Code of Conduct should not be interpreted as an attempt to restrict legitimate political competition or freedom of expression.
It stressed that vigorous political debate remains an essential part of democracy, but conduct that threatens confidence in the electoral process cannot be treated as ordinary political expression.
The determination comes as political parties and leaders begin positioning themselves ahead of the 2027 General Election, with the IEBC seeking to reinforce public confidence in the electoral system.
The commission called on all electoral stakeholders to work together in protecting the sanctity of the vote and ensuring that every Kenyan can participate in an election with confidence that their ballot will be protected and counted in accordance with the law.
IEBC Chairperson Erastus Edung Ethekon reiterated the commission's commitment to independent, impartial and even-handed enforcement of electoral regulations, warning that no political party, candidate or individual is above the law.
The commission concluded that the warning issued to Omar constitutes a formal enforcement action and clear notice that a repeat of similar conduct could attract tougher consequences.
"The Commission will continue to enforce the law firmly, fairly and without fear or favour," the IEBC said.
