- Lawyers Adrian Kamotho Njenga & Co. Advocates said Gikaria intends to appeal both the committee’s determination of July 14 and the High Court judgment delivered on October 8, which dismisses his judicial review application.
Nakuru Town East MP David Gikaria has said he will challenge sanctions imposed on him by the Electoral Code of Conduct Enforcement Committee, with his lawyers planning to move to the Court of Appeal for orders stopping enforcement pending determination of the case.
In a letter dated October 16, 2026, lawyers Adrian Kamotho Njenga & Co. Advocates said Gikaria intends to appeal both the committee’s determination of July 14 and the High Court judgment delivered on October 8, which dismisses his judicial review application.
The lawyers noted they would file an urgent application seeking interim protection, arguing that enforcing the sanctions before the appeal is heard could undermine his right to a fair hearing.
“Our client is exercising an undoubted right of appeal and will seek interim protection from the Court of Appeal,” the lawyers wrote.
They argued that the High Court judgment does not compel Gikaria to pay the Ksh.2.5 million fine or issue a public apology, maintaining that the court’s dismissal of the judicial review application does not amount to an order enforcing the committee’s decision.
The lawyers also challenge the committee’s finding that Gikaria breached provisions of the Electoral Code of Conduct under which he was not charged, saying this raises constitutional questions about his right to a fair hearing.
On the public apology, they argue that the deadline of July 15 has passed and the committee cannot revive the directive through correspondence. They further state that Gikaria is on certified medical convalescence during the period he is required to appear before the committee.
Regarding the fine, the lawyers maintain that it is not enforceable until it is registered in the High Court as required under the Elections Act.
However, they say Gikaria is willing to deposit the Ksh.2.5 million in an interest-earning joint account or into court, without admitting liability, pending the appeal.
The legal team also objects to threatened further sanctions, including a possible ban on Gikaria contesting future elections, arguing that the committee lacks the power to introduce additional restrictions on his constitutional political rights.
The lawyers want the committee to undertake not to enforce the sanctions pending the appeal and to provide documentation on the registration of the fine, the authority for the amount imposed and the legal basis for further enforcement measures.
“Should any enforcement step be taken before the foregoing requests are addressed, we hold firm instructions to move the Court without further reference to you,” the lawyers warn.
The committee has also referred the matter to the Director of Public Prosecutions for investigation and possible prosecution. Gikaria’s lawyers maintain that the referral does not itself impose any compliance obligation on their client.