Bill proposes heavy fines for holding elections in illegal polling stations
This legislation is a product of Nadco, a bipartisan initiative formed to address political tensions following the disputed results of the August 9, 2022.
A proposed amendment to the Election Offences Act seeks to penalise the conducting of elections outside gazetted polling stations.
The Election Offences (Amendment) Bill, 2024, currently before the Senate, seeks to establish a fine of Sh2 million or a jail term not exceeding five years, or both, for those who violate this provision.
More To Read
- PSC warns civil servants to steer clear of politics ahead of by-elections
- Democracy in Ivory Coast under scrutiny ahead of election
- Pathologist tells court Kilifi IEBC official died from severe head injuries
- Parliament to fast-track electoral laws ahead of 2027 polls, says Wetang’ula
- Is Western influence on African democracy fading?
- IEBC unveils nomination dispute framework ahead of November by-elections
Sponsored by Kericho Senator Aaron Cheruiyot — the Senate Majority Leader — and Minority Leader Stewart Madzayo, the Bill aims to enhance the integrity of the electoral process by ensuring that results declared by the Independent Electoral and Boundaries Commission (IEBC) originate solely from approved polling locations.
This legislation is a product of the National Dialogue Committee (Nadco), a bipartisan initiative formed to address political tensions following the disputed results of the August 9, 2022, presidential election.
Parliament adopted the committee's report in February which includes recommendations for a comprehensive review of election laws to ensure a fair playing field for all candidates.
Past controversies surrounding the electoral process, including a petition that successfully challenged the outcome of the 2017 presidential election, have highlighted the issue of ungazetted polling stations.
The petition claimed that the IEBC illegally established these stations in Mandera County, manned by unauthorised personnel, which undermined the integrity of the election results.
The current law does not specifically classify holding elections in ungazetted polling stations as an election offence.
The new Bill seeks to rectify this by amending Section 6 of the Election Offences Act to explicitly address such violations.
It proposes that any IEBC member or staff who fails to declare election results in a timely manner, or who alters declared results, will face penalties.
The Bill also introduces provisions making it an offence for any commission member or staff to interfere with the results.
This aims to prevent manipulation and ensure that the electoral process remains transparent.
According to the Elections (General) Regulations of 2022, the IEBC is required to publish a gazette notice detailing the polling stations for each constituency, along with identifying numbers and locations.
This regulation is intended to promote accessibility and transparency in the electoral process.
Top Stories Today
