Members of the National Assembly have passed a bill seeking to introduce tougher penalties for perpetrators of election malpractice ahead of the by-elections.
The Election Offences (Amendment) (No. 2) Bill, 2024, was passed during the Thursday, August 14, session and seeks to expand the scope of offences for officials of the Independent Electoral and Boundaries Commission (IEBC).
Originally, it was developed from recommendations by the National Dialogue Committee (NADCO) to seal loopholes in the Elections Offences Act 2016 and bolster the integrity of the electoral process.
The bill specifically targets IEBC officials committing several offences, including those who unreasonably delay declaring election results, those who knowingly alter declared results, or those who tamper with election materials.
It also targets the spread of false statements about candidates or political parties, interference with free political campaigning, and misuse of technology to influence voters.
In its report to the House, the Justice and Legal Affairs Committee stated that the Bill is designed 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.”
Clause 3 of the bill, for instance, criminalises the publishing of false statements about a candidate or a political party, while clause 4 introduces new technology-related offences, including electronically transmitting information intended to induce or compel a person to forgo their political rights.
IEBC officials will now face up to a five-year jail term or a Ksh5 million fine or both for delaying election results, following the passing of the bill.
It also criminalises conducting elections in stations that have not been gazetted.
It was tabled in the Senate by Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo in March 2024 and sought to amend Section 6 of the Election Offences Act.
"A member of the Commission, staff or other person having any duty to perform pursuant to any written law relating to any election who, where required under the Elections Act (No. 24 of 2011) or any other law to declare the result of an election, 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 proposal read.
Previously, the law was unclear on what happens when an IEBC official intentionally delays announcing election results.
