Thursday, August 14, 2025 - Members of the National Assembly have approved the Election Offences (Amendment) (No. 2) Bill, 2024, introducing harsher penalties for perpetrators of electoral malpractice ahead of the November by-elections.
Passed during the Thursday, August 14th sitting,
the bill expands the scope of offences under the Elections Offences Act, 2016,
with a particular focus on Independent Electoral and Boundaries Commission
(IEBC) officials.
It stems from recommendations by the National Dialogue
Committee (NADCO) aimed at closing loopholes and restoring public trust in the
electoral process.
Key offences outlined include unreasonably delaying the
declaration of election results, knowingly altering declared results, tampering
with election materials, spreading false statements about candidates or
parties, interfering with political campaigns, and misusing technology to
influence voters.
The Justice and Legal Affairs Committee told the House that the
bill seeks to “strengthen the legal framework governing election offences” and
address actions that have “compromised the credibility of election outcomes.”
Clause 3 criminalises publishing false statements about
candidates or parties, while Clause 4 targets technology-related offences such
as transmitting information electronically to induce voters to forgo their
political rights.
Under the new provisions, IEBC officials found guilty of
delaying results face up to five years in prison, a Ksh5 million fine, or both.
The bill also outlaws conducting elections in stations not
officially gazetted.
Originally tabled in the Senate in March 2024 by Majority
Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, the legislation
amends Section 6 of the Elections Offences Act to clearly define penalties for
intentional delays or interference with results, an area previously not well
addressed in law.
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