Parliament passes Bill imposing tougher penalties for electoral malpractice
The proposed law amends Section 6 of the Election Offences Act, 2016, making it a criminal offence for members or staff of the IEBC to conduct or oversee elections in ungazetted polling stations.
The National Assembly has passed the Election Offences (Amendment) (No. 2) Bill, 2024, introducing tougher penalties for electoral malpractice and sealing loopholes in Kenya’s election laws.
Sponsored by Senate Majority Leader Aaron Cheruiyot, the Bill stems from recommendations by the National Dialogue Committee (NADCO), a bipartisan forum established to address political tensions following the disputed August 9, 2022, presidential election.
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Parliament adopted NADCO’s report in February, which urged a review of election laws to safeguard fairness and transparency.
The proposed law amends Section 6 of the Election Offences Act, 2016, making it a criminal offence for members or staff of the Independent Electoral and Boundaries Commission (IEBC) to conduct or oversee elections in ungazetted polling stations. It also criminalises the unreasonable delay in declaring results or the deliberate alteration of declared results.
Sh2 million fine
Those found guilty face penalties of up to Sh2 million in fines, imprisonment for up to five years, or both.
The Bill also strengthens existing prohibitions against colluding with political parties, interfering with voters, rejecting valid ballots, or giving undue advantage to any candidate or party.
Past electoral disputes have highlighted the risks associated with ungazetted polling stations.
In 2017, a presidential election petition alleged that the IEBC had illegally set up polling centres in Mandera County, staffed by unauthorised personnel, undermining the credibility of results from those stations.
Under the Elections (General) Regulations, 2022, the IEBC is required to gazette all polling stations for each constituency, including their identifying numbers and locations.
If signed into law, the amendments will introduce an additional safeguard to ensure all electoral processes are transparent, verifiable, and conducted strictly within gazetted and regulated polling locations.
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