Nakuru Town East MP David Gikaria has announced plans to challenge sanctions imposed by the Independent Electoral and Boundaries Commission (IEBC), with his lawyers preparing to move to the Court of Appeal to stop enforcement pending determination of the case.
In a letter dated October 16, 2026, Adrian Kamotho Njenga & Co. Advocates said the legislator intends to appeal both the Electoral Code of Conduct Enforcement Committee’s July 14 determination and the High Court judgment delivered on October 8, which dismissed his judicial review application.
The legal team said it would file an urgent application seeking interim orders to prevent enforcement of the sanctions before the appeal is heard.
“Our client is exercising an undoubted right of appeal and will seek interim protection from the Court of Appeal,” the lawyers said.
The committee had ordered Gikaria to pay a Sh2.5 million fine and issue a public apology and retraction over remarks made during campaigns ahead of the Ol Kalou parliamentary by-election in July.
The High Court dismissed his challenge to the committee’s decision, finding that the application had not met the threshold for the judicial review orders sought. The court also lifted temporary orders that had suspended enforcement of the sanctions. <Cite refs={[“turn723835search1″,”turn723835search3”]}/>
However, Gikaria’s lawyers argue that the High Court’s dismissal did not itself constitute a separate order compelling their client to pay the fine or issue the apology. They maintain that the committee’s determination remains subject to the intended appeal.
The lawyers also questioned the committee’s finding that Gikaria breached provisions of the Electoral Code of Conduct under which, they argue, he had not been charged, raising concerns about his right to a fair hearing.
On the public apology, the legal team said the original deadline of July 15 had passed and argued that the directive could not be revived through subsequent correspondence.
The lawyers further stated that Gikaria was on certified medical convalescence during the period in which he was required to appear before the committee.
Regarding the fine, they argued that it could not be enforced until it was registered in the High Court as provided for under the Elections Act. They said their client was willing to deposit the Sh2.5 million in an interest-bearing joint account or in court, without admitting liability, pending the appeal.
The legal team also opposed the possibility of further sanctions, including a restriction on Gikaria contesting future elections, arguing that the committee lacked authority to impose additional limitations on his constitutional political rights.
The lawyers have asked the committee to undertake not to enforce the sanctions pending the appeal and to provide documents explaining the registration of the fine, the legal authority for the amount imposed and the basis for any further enforcement measures.
They warned that they would move to court if enforcement action was taken before their requests were addressed.
The committee had also referred the matter to the Office of the Director of Public Prosecutions for investigation into possible election offences. Gikaria’s lawyers maintain that the referral alone does not impose an additional compliance obligation on their client.
The planned appeal comes after the IEBC called on Gikaria to comply with the sanctions following the High Court ruling. The Court of Appeal has yet to determine the intended appeal or any application for interim relief.
