IEBC warns UDA SG Hassan Omar over remarks on deceased voters

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The Independent Electoral and Boundaries Commission (IEBC) has issued a stern warning to Senator Hassan Omar after finding him in breach of the Electoral Code of Conduct over remarks he made at a political rally in Mombasa, cautioning that any repeat offence could attract tougher sanctions.

In a determination released on Wednesday, November 4, 2026, the Electoral Code of Conduct Enforcement Committee (ECCEC) found Omar guilty of breaching paragraphs 6(k)(i) and 6(l) of the Electoral Code of Conduct.

The committee consequently issued the senator with a formal and strict warning and severe caution, directing him to comply with the electoral regulations for the remainder of the applicable election period.

Omar was further instructed to refrain from language or conduct that could reasonably be understood as encouraging or normalising electoral malpractice or undermining public confidence in the integrity of the ballot.

The decision follows investigations into remarks the senator allegedly made during a public rally in Mombasa on September 11, 2026, which raised concerns over the possibility of encouraging electoral malpractice.

According to the commission, Omar was summoned to appear before the committee on October 21, 2026, to respond to the allegations. He honoured the summons and appeared in person, accompanied by his lawyer, where he was given an opportunity to explain his remarks and present his defence.

In reaching its determination, the committee considered the context in which the statements were made, Omar's explanation that his words were intended figuratively to encourage voter registration and participation, his subsequent clarification and the absence of evidence linking the remarks to an actual electoral incident.

However, the committee maintained that the language used could not be excused by the explanation offered.

It observed that the impugned words, considered in their original Kiswahili form and ordinary meaning, invoked the use of biometric identification details belonging to a deceased person to facilitate voting in that individual's name.

The committee consequently found the remarks inconsistent with the obligation under paragraph 6(l) of the Electoral Code to reassure voters about the integrity of the ballot.

The warning places Omar on clear notice that any recurrence of similar conduct could attract more severe sanctions under the Electoral Code of Conduct and applicable laws.

“The determination places Hon. Hassan Omar on clear and unequivocal notice that the warning issued by the Committee is intended to mark a firm boundary against any recurrence of similar conduct,” IEBC stated.

The commission further emphasised that political leaders and other electoral stakeholders have a constitutional right to campaign, criticise, debate, persuade and participate in political discourse.

However, it cautioned that political expression must be exercised responsibly, warning that statements perceived as advocating, encouraging or normalising electoral malpractice could undermine public confidence in the electoral process.

“As Kenya prepares for the 2027 General Election, the Commission calls upon all political leaders, candidates, political parties, supporters and other electoral stakeholders to exercise responsibility, restraint and vigilance in their public utterances and conduct,” the commission said.

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The determination comes as political activities gradually intensify ahead of the 2027 General Election, with the electoral body seeking to strengthen compliance with regulations governing political campaigns and public conduct.

IEBC maintained that enforcement of the Electoral Code should not be interpreted as an attempt to suppress legitimate political competition or freedom of expression.

Instead, it said the measures were intended to safeguard democratic participation and ensure that every Kenyan could exercise their right to vote without intimidation, manipulation or interference.

The commission reiterated its commitment to protecting the sanctity of the ballot, assuring Kenyans that every vote must be protected and counted in accordance with the law.

It warned that it would continue enforcing electoral regulations firmly, fairly and without fear or favour, as preparations for the 2027 elections gather momentum.