The electoral commission has issued a formal and strict warning to Senator Hassan Omar, the Secretary-General of the ruling United Democratic Alliance (UDA), after finding him in breach of the Electoral Code of Conduct over remarks made at a rally in Mombasa that invoked the use of a deceased person’s biometric identifier to vote.
The Independent Electoral and Boundaries Commission (IEBC) announced on Wednesday, November 4, 2026, that its Electoral Code of Conduct Enforcement Committee had concluded Complaint No. 3 of 2026 against Omar, finding him in violation of paragraphs 6(k)(i) and 6(l) of the Code.
The determination stemmed from a speech Omar delivered on September 11, 2026, during a political rally in Mombasa County. According to the IEBC, the words, considered in their original Kiswahili form, ordinary meaning and context, invoked the use of a deceased person’s fingerprint to facilitate voting in their name.
“The Committee nevertheless found that the impugned words, considered in their original Kiswahili form, their ordinary meaning and the context in which they were uttered, invoked the use of the biometric identifier of a deceased person to facilitate voting in that person’s name,” the IEBC stated.
The commission further explained why it considered the remarks a violation of the electoral conduct requirements.
“The Committee found such language inconsistent with the obligation under paragraph 6(l) of the Electoral Code to reassure voters regarding the integrity of the ballot.”
The controversy arose from a voter registration drive in Mombasa, a region where electoral turnout has historically lagged. During the rally, Omar reportedly suggested that even people who had died should have their fingerprints captured for the biometric voter register.
The remarks circulated on social media and attracted criticism from political opponents, who interpreted them as an endorsement of electoral malpractice.
Omar was subsequently summoned to appear before the Enforcement Committee on October 21, 2026. He honoured the summons and appeared in person, accompanied by his lawyer, to respond to the allegations.
In his defence, Omar described the remarks as satire and political hyperbole intended to encourage voter registration rather than an actual instruction to engage in electoral malpractice.
His legal team maintained that the statement was a rhetorical device aimed at challenging Coast residents who were alive but reluctant to register and participate in elections.
“Political jargon is political jargon. We will not in any way erode institutional authority,” Omar told the committee, according to The Citizen. “It is common knowledge that how I speak in the Coast region is different from how I will speak in Northern Kenya. That is political communication.”
His lawyers also argued that the audience’s laughter demonstrated that the remarks had been understood as a figure of speech. They further pointed out that no actual electoral incident had been reported as a result of the statement.
However, the committee maintained that the explanation did not excuse the language used. Although it considered Omar’s defence, subsequent clarification and the absence of evidence of an actual electoral incident, it concluded that the remarks crossed the boundaries established by the Electoral Code.
Consequently, the commission issued Omar with a “formal and strict warning and severe caution” under paragraph 7(a)(i) of the Electoral Code.
He was also directed to avoid, for the remainder of the applicable election period, any language or conduct that could reasonably be interpreted as encouraging or normalising electoral malpractice or undermining public confidence in the integrity of the ballot.
The IEBC warned that the decision was intended to prevent a recurrence of similar remarks and that any further violation could attract a harsher penalty.
“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.”
The commission clarified that its decision was not intended to restrict legitimate political expression but to safeguard the credibility of the electoral process as the country prepares for the 2027 General Election.
It maintained that political leaders remained free to engage in robust political discussions but had an obligation to avoid statements that could weaken public confidence in elections.
“Vigorous political debate is an essential feature of democracy; conduct that undermines the integrity of the electoral process is not.”
The warning against Omar, a former Mombasa Senator and political ally of President William Ruto, came amid heightened political activity ahead of the 2027 General Election.
It also followed other enforcement measures by the IEBC committee, including a Ksh2.5 million fine and an order for a public apology against Nakuru Town East MP David Gikaria in July 2026 over voter bribery and campaign misinformation during a by-election.
