Independent Electoral and Boundaries Commission (IEBC) officials will now face a five-year jail term for delaying election results in a new proposal tabled at the Senate.
The Election Offences (Amendment) Bill, 2024, which proposes the changes has been tabled by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo.
Should the Bill be approved by the Senate, it will successfully amend Section 6 of the Election Offences Act, 2016.
“The Bill creates offences for members and staff of the Commission who unreasonably delay in declaring elections results or knowingly alter declared election results,” the Bill reads in part.
Section 6 of the Act states that it is an offence for election officials to fail to declare the results of an election.
The law though is silent on what happens when an IEBC official intentionally delays announcing election results.
The now amended section will read, “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.”
Considering the Bill has the support of both Kenya Kwanza and Azimio-affiliated politicians, it is expected to be adopted unanimously by the House.
The Bill further seeks to introduce new offences for election officials as a measure to promote integrity in the exercise.
One of the proposals is that it will be illegal for any voting to be done in ungazetted polling stations.
“It shall be an offence to knowingly or intentionally interfere, alter or knowingly or intentionally cause another person to interfere or alter declared results,” the other proposal reads.
Through the National Dialogue Committee (NADCO), the government and opposition have agreed to mutually seek ways to restructure the IEBC.
