The National Assembly on Thursday, August 14, passed the Election Offences (Amendment) (No. 2) Bill, 2024, which introduces tougher penalties for electoral malpractice.
The legislation, drawn from recommendations by the National Dialogue Committee (NADCO), seeks to close loopholes in the Election Offences Act, 2016, and reinforce the integrity of the electoral process.
Under the new provisions, the Independent Electoral and Boundaries Commission (IEBC) officials who unreasonably delay the declaration of results, knowingly alter declared results, or tamper with election materials will face penalties of up to Ksh5 million in fines, imprisonment for up to five years, or both.
It also criminalizes the spread of false statements about candidates or political parties, interference with free political campaigning, and the misuse of technology to influence voters.
Clause 3 specifically targets individuals who make or publish false statements about a candidate or political party, while Clause 4 introduces offences related to the electronic transmission of information intended to compel or induce voters to forgo their political rights.
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“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,” the Justice and Legal Affairs Committee stated.
The amendments also address past electoral concerns, including issues raised in the 2017 presidential election petition over ungazetted polling stations in Mandera County.
The Bill makes it an offence to conduct elections in polling stations not officially gazetted.
This comes a month after IEBC was forced to condemn claims of electoral malpractice, calling them unacceptable and reckless.
In a statement on Sunday, July 13, IEBC expressed concern over such statements, noting that they undermine public confidence in the commission.
"The Commission is concerned about statements on election malpractices in the country. Such utterances are unacceptable and reckless in a democratic society such as ours, and IEBC urges all Kenyans to ignore or disassociate with them," the statement read.
IEBC clarified that the country is not yet in an election period, and therefore, discussions of rigging or campaigns are premature and unfounded.
"While IEBC will constitute the Electoral Code of Conduct Enforcement Committee as prescribed under Article 84 of the Constitution of Kenya, 2010, read together with Section 110 of the Elections Act, the Committee has jurisdiction only during the election period in accordance with judgment of Hon. Sabina Chege Supreme Court petition No. 23 (E026) of 2022.
"It should be noted that the IEBC has not declared any elections. Further, there is no gazettement or declaration that has been made to warrant such desirous political utterances and propaganda. The country is not on a campaign period at the moment," the statement continued.
IEBC reaffirmed its dedication to impartiality and transparency in electoral affairs, further promising to ensure the 2027 elections are conducted in a free and fair environment.
"IEBC assures members of the public and stakeholders that it shall safeguard its independence and impartiality while discharging its constitutional mandate and its functions as well as remain committed to ensuring free, fair and credible elections in accordance with the laws of Kenya and best practices. Further, the Commission remains steadfast in its commitment to strengthening Kenya’s democracy," the statement concluded.
