There will be tougher penalities for election malpractices in the country, following passage of Election Offences (Amendment) (No 2) Bill, 2024 by National Assembly.
The Bill introduces tougher penalities for election malpractices and expands the scope of Offences for officials of the Independent Electoral and Boundaries Commission (IEBC).
The Bill, originally developed from recommendations by the National Dialogue Committee (NADCO), seeks to plug loopholes in the Elections Offences Act 2016 and bolster the integrity of Kenya’s electoral process.
The Bill introduces penalties for IEBC officials who unreasonably delay declaring election results, knowingly alter declared results, or 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.
Under Clause 3, the Bill makes it an offence for any person to make or publish false statements about a candidate or political party.
Clause 4 introduces new technology-related offences, including electronically transmitting information intended to induce or compel a person to forgo their political rights.
The Justice and Legal Affairs Committee, in its report, said 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.”
