The National Assembly has approved the Election Offences (Amendment) (No. 2) Bill, 2024, introducing stiffer penalties for electoral malpractice and expanding the list of offences targeting Independent Electoral and Boundaries Commission (IEBC) officials.
The legislation, born out of recommendations by the National Dialogue Committee (NADCO), seeks to plug loopholes in the Election Offences Act, 2016, and boost the integrity of Kenya’s electoral process.
It prescribes heavy penalties for IEBC officials who unreasonably delay the announcement of results, alter declared tallies, or tamper with election materials.
The Bill also criminalises making or publishing false statements about candidates or political parties, interfering with lawful campaigns, and using technology to unlawfully influence voters.
Clause Three makes it an offence to spread false statements about a candidate or party. Clause Four creates new technology-related offences, including transmitting electronic messages intended to pressure someone into surrendering their political rights.
Under the amendments, IEBC officials who delay the declaration of results face a fine of up to Ksh5 million, a prison term of up to five years, or both.
The new law also bars elections from being conducted in polling stations that have not been officially gazetted.
In its report, the Justice and Legal Affairs Committee said the law aims to “strengthen the legal framework governing election offences by expanding the list of offences which have undermined public trust in the electoral system and compromised the credibility of election outcomes.”
The Bill was introduced in March 2024 by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo.
“A member of the Commission, staff or other person having any duty to perform pursuant to any written law relating to any election who fails to declare the results of an election commits an offence and is liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or to both,” part of the amended section reads.
“It shall be an offence to knowingly or intentionally interfere, alter or knowingly or intentionally cause another person to interfere or alter declared results,” another provision states.
Previously, the law did not clearly define penalties for IEBC officials who deliberately delayed announcing election results.
