MPs reintroduce criminal penalties for elections held in ungazetted polling stations
The clause, which was part of the Election Offences (Amendment) Bill, had initially proposed to ban the Independent Electoral and Boundaries Commission from holding votes in ungazetted polling centres and from declaring results outside the designated venues.
The National Assembly’s Justice and Legal Affairs Committee has reinstated a provision that criminalises conducting elections in polling stations not officially published in the Kenya Gazette, reversing an earlier move by the Senate to remove it.
The clause, which was part of the Election Offences (Amendment) Bill, had initially proposed to ban the Independent Electoral and Boundaries Commission from holding votes in ungazetted polling centres and from declaring results outside the designated venues.
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It was removed by the Senate before the Bill was passed to the National Assembly, but has now been reintroduced by the committee led by Tharaka MP Gitonga Murugara.
In its report to the House, the committee argued that permitting elections in unlisted polling stations would leave room for manipulation and electoral fraud.
“There is a need to create an offence against IEBC staff to deter the conduct of an election in polling stations which are not in the gazette notice issued for that purpose,” the committee said.
Citing Regulation 7 of the Elections (General) Regulations, the committee emphasised that the IEBC is already required to publicly declare all polling stations ahead of an election. JLAC now wants that legal obligation backed by criminal penalties to ensure accountability and transparency.
The original proposal was among the recommendations of the National Dialogue Committee, which sought to strengthen electoral integrity following previous disputed elections.
JLAC also wants new offences created for tampering with declared results and calls for separate penalties for IEBC staff found destroying or concealing election materials.
Under the revised Bill, IEBC officers would only be allowed to manage elections at polling stations announced in public through print, electronic, or other accessible platforms.
Anyone who alters or interferes with results, or causes someone else to do so, could face fines of up to Sh1 million, a three-year jail term, and a five-year disqualification from running or being nominated for any public office.
However, not everyone supports the provision. Civil society groups such as Kituo cha Sheria welcomed the reinstatement, but the IEBC raised objections.
The commission argued that the proposed changes were overly rigid and might not account for circumstances beyond its control, such as delays in declaring results.
“The offences as amended are overly prescriptive and that external factors outside the control of the commission may occasion delay in the declaration of election results,” the IEBC said.
The JLAC committee also dropped a separate amendment that would have introduced tougher penalties for using technology to influence elections, a sign that legislators are trying to strike a balance between enforcement and practicality.
The National Assembly is expected to vote on the revised Bill before sending it back to the Senate. If the two Houses agree, the Bill will go to the President for signing into law. If they differ, it will be taken to a mediation committee.
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