Senator Hassan Omar has been warned against making statements that could encourage electoral malpractice after the Independent Electoral and Boundaries Commission (IEBC) found his remarks at a Mombasa rally to have breached the Electoral Code of Conduct.
The remarks were made during a public rally on September 11, 2026. They raised concern because, according to the commission, they could be understood to suggest that the biometric details of a dead person could be used to vote in their name.
Omar appeared before the Electoral Code of Conduct Enforcement Committee on October 21 to respond to the allegations. He attended the hearing with his lawyer and was allowed to explain what he meant by the remarks.
In his defence, the senator said he had used the words figuratively to encourage people to register as voters and take part in elections. He also later issued a clarification.
The committee considered his explanation, the circumstances in which he spoke and the fact that no actual electoral incident had been reported as a result of the remarks.
However, it ruled that the words, when considered in their original Kiswahili form and in the context in which they were spoken, referred to using a deceased person’s biometric identity to cast a vote in their name.
In its determination released on November 4, IEBC said the remarks went against the Electoral Code’s requirement that political actors should reassure voters about the integrity of the ballot.
Omar was consequently given a formal and strict warning, together with a severe caution. The committee also directed him to observe the Code for the rest of the applicable election period.
He was specifically told to avoid statements or actions that could be interpreted as encouraging electoral malpractice or making voters question the credibility of the ballot.
The commission stated that there is a possibility of even harsher penalties for Omar in case of a repeat offence under the Electoral Code and laws.
This comes at a time when the election period is approaching as political campaigns heat up in preparation for the 2027 General Elections. IEBC has called on politicians, candidates, parties and their supporters to exercise restraint when addressing the crowds at political rallies.
According to the commission, politicians have the freedom to engage in campaigning, criticize their opponents and participate in political debates. But the commission added that this freedom must not be used in a way that will promote misconduct in elections or reduce the people’s confidence in the voting process.
According to IEBC, the penalty imposed on Omar was not an attempt to interfere with legitimate political competition and freedom of speech.
