Little-Known Fines for Not Removing Campaign Posters

Politicians Risk Fines For Not Removing Campaign Posters
A display of campaign posters on a wall in Nairobi City.
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The streets of various cities and urban centres have been littered with posters, banners, and placards despite the end of the election period. Candidates contesting for elective seats used print materials to popularize their candidature and parties ahead of the August 9 elections. 

However, little known to many is that politicians who contested for various elective seats in the concluded elections now risk incurring penalties for not removing their posters and placards. 

This is according to the stipulations of the Elections Act of 2011 regarding various electoral offences. The law applies to political parties, referendum committees and candidates vying for all elective seats. 

PAA gubernatorial candidate for Kilifi County George Kithi campaigns in Kilifi on Monday, June 6,  2022.
PAA gubernatorial candidate for Kilifi County George Kithi campaigns in Kilifi on Monday, June 6, 2022.
George Kithi

“Registered political parties, referendum committees, officials of political parties and referendum committees and candidates do, by subscribing to this Code, further, commit themselves to remove all banners, placards and posters erected during the election period,” the law states. 

Failure to pull down the posters could amount to a violation of the regulations entrenched in the second schedule of the Elections Act.

However, the fine for such offences is not clearly stipulated in the law.  It is upon the electoral commission to decide the fine to be paid for an offence under the second schedule of the Elections Act.

Defaulting the fine as determined by the commission could lead to disqualification of the candidates in future elections.  

The commission also requires politicians to display contacts and addresses to the respective printers of the advertising material. 

“A person who prints, publishes, distributes or posts up, or causes to be printed, published, distributed or posted up, any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of the printer and publisher;”

In addition to the electoral laws, the National Environmental Management Authority (NEMA) has its own regulations. The Environment Management Act 2013 requires all candidates to clear all posters after elections. 

However, the politicians have an alternative to pay for the facilitation of the cleaning process. These are some of the measures taken to prevent the littering caused by campaign materials.

Deputy President William Ruto (left) and ODM leader Raila Odinga (right) at rallies in West Pokot and Kajiado respectively in January 2022
President William Ruto (left) and ODM leader Raila Odinga (right) at rallies in West Pokot and Kajiado, respectively in January 2022
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