The Electoral Code of Conduct in Kenya: What Every Agent and Candidate Must Follow

The Electoral Code of Conduct is not optional. Every candidate and political party contesting a Kenyan election must subscribe to it, and violations carry real consequences — from fines to disqualification. The ORPP Agents Quick Guide places the Code of Conduct at the center of agent training, because agents are the frontline enforcers who witness and report violations.

The Code is established under the Elections Act 2011 and the Political Parties Act 2011, and it is administered jointly by the IEBC and the Office of the Registrar of Political Parties (ORPP). Its purpose is simple: ensure free, fair, and peaceful elections.

Mandatory Subscription

Before a candidate or political party can be gazetted for an election, they must formally subscribe to the Electoral Code of Conduct. This is not a formality — it is a legal requirement. By subscribing, candidates and parties commit to:

• Abide by the Constitution and electoral laws of Kenya
• Respect the rights and freedoms of other candidates, parties, and voters
• Maintain peace and order before, during, and after the election
• Accept the results of the election or challenge them exclusively through legal channels
• Cooperate with the IEBC and other electoral bodies

The Code extends to all persons acting on behalf of a candidate or party — including polling agents, campaign staff, supporters, and media spokespersons.

Key Provisions of the Code

The Electoral Code of Conduct contains specific prohibitions and obligations that agents must understand thoroughly:

Respect for Other Parties and Candidates

• No candidate or agent shall use language that is threatening, abusive, or designed to incite hatred against another candidate, party, or their supporters
• Campaign materials must not contain false or defamatory statements about opponents
• All parties have the right to campaign freely — no party shall obstruct or interfere with another party's campaign activities

Prohibition of Violence and Intimidation

• No person shall use violence, threats, or intimidation to influence voters or prevent them from voting
• Armed persons (other than authorized security personnel) are prohibited from polling stations and tallying centers
• Agents must not participate in or condone acts of violence, even if provoked by the actions of other parties

Acceptance of Results or Legal Challenge

• All candidates and parties must accept the declared results or challenge them exclusively through the courts
• Inciting public disorder in response to results is a direct violation of the Code
• Agents play a key role here: by maintaining independent records of results, they provide the evidence base for legal challenges, reducing the temptation to resort to extra-legal means

Cooperation with IEBC

• Candidates and agents must follow IEBC instructions and regulations
• Obstruction of IEBC officials in the performance of their duties is a violation
• Agents must comply with the Presiding Officer's instructions on station management, including seating arrangements, movement within the station, and communication protocols

Maintaining Peace Before, During, and After Elections

• The Code applies throughout the entire electoral cycle — not just on election day
• Pre-election: candidates must not use hate speech, incite ethnic violence, or engage in bribery
• Election day: agents must maintain calm within and around polling stations
• Post-election: candidates must call on their supporters to remain peaceful regardless of the outcome

Penalties for Breach

The Code is not merely aspirational — it has enforcement mechanisms:

How Agents Enforce the Code

Agents are not passive bystanders when Code violations occur. The ORPP guide outlines specific steps agents should take:

1. Document the violation: Note the time, location, persons involved, and nature of the violation. If possible, photograph or record evidence (without putting yourself at risk).
2. Report to the Presiding Officer: For violations occurring at or near the polling station, the PO has authority to take immediate action, including removing the offending person from the station.
3. Report to the Constituency Chief Agent: The Chief Agent can escalate the matter to the party's legal team or to the IEBC's constituency-level dispute resolution mechanism.
4. File a formal complaint: For serious violations, a formal complaint can be filed with the IEBC, the ORPP, or the Political Parties Disputes Tribunal (PPDT).
5. Do not retaliate: Under no circumstances should an agent respond to a Code violation with their own violation. Two wrongs do not make a right, and retaliatory behavior undermines the agent's credibility as a witness.

The Political Parties Disputes Tribunal (PPDT)

The PPDT is an independent tribunal established under the Political Parties Act to adjudicate disputes arising from the Code of Conduct and other intra- and inter-party matters. Its jurisdiction includes:

• Disputes between members of a political party
• Disputes between political parties
• Disputes between a party and the ORPP
• Appeals from decisions of the ORPP
• Complaints related to the Electoral Code of Conduct

The PPDT operates on expedited timelines during the election period, recognising that electoral disputes require swift resolution. Agents and parties can petition the PPDT for orders against Code violators, including injunctions and penalties.

Connection to ORPP's Mandate

The Office of the Registrar of Political Parties has a dual mandate that is directly relevant to the Code of Conduct. First, the ORPP registers and regulates political parties, ensuring they comply with the Political Parties Act. Second, the ORPP administers the Political Parties Fund and monitors party compliance with governance and financial standards.

When a party or its agents violate the Electoral Code of Conduct, the ORPP can initiate disciplinary proceedings that may lead to the suspension or deregistration of the party. This gives the Code of Conduct real teeth — it is not just about individual agents but about the institutional standing of the party itself.

Key Takeaways

1. The Electoral Code of Conduct is mandatory — all candidates and parties must subscribe before being gazetted
2. Key provisions: respect for opponents, non-violence, acceptance of results or legal challenge, cooperation with IEBC, peace before/during/after elections
3. Penalties range from fines to disqualification and even party deregistration by the ORPP
4. Agents enforce the Code by documenting violations, reporting to the PO and Chief Agent, and filing formal complaints
5. The PPDT adjudicates Code of Conduct disputes on expedited timelines during the election period

Source: This article draws from the ORPP Agents Quick Guide (June 2022), published by the Office of the Registrar of Political Parties with support from the National Democratic Institute (NDI).

Report violations in real time. Votrack's incident reporting system helps agents document Code of Conduct breaches with digital evidence that holds up in court. Request a demo before 2027.