The Election Offences (Amendment) (No. 2) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Holding Elections in Ungazetted Polling Stations Banned
The bill introduces a new paragraph (n) to Section 6 of the Act, making it an offence for election officials to conduct or hold an election in an ungazetted polling station.
Altering Declared Election Results Prohibited
Under the new paragraph (o) of Section 6, knowingly or intentionally interfering with, altering, or causing another person to alter declared election results is established as a specific offence.
Unreasonable Delay in Declaring Results Penalized
The bill amends Section 6(h) to penalize election officers who unreasonably delay the declaration of election results, expanding the existing offence of failing to declare results.
Collusion Offence Scope Expanded
An amendment to Section 6(k) extends collusion liabilities beyond candidates and political parties to include collusion with 'any other person' for the purpose of giving an undue advantage.
Bill No.
Senate Bill No. 28 of 2024
Gazette No.
Supplement No. 98 of 2024
Sponsors
AARON CHERUIYOT, Stewarts Madzayo
Background
The Election Offences (Amendment) (No. 2) Bill, 2024 seeks to amend Section 6 of the Election Offences Act, 2016 (No. 37 of 2016). The amendments aim to implement recommendations and public feedback submitted during the national dialogue discourse on issues of electoral justice and related constitutional matters.
Key Amendments
The Bill proposes targeted revisions to Section 6 of the Election Offences Act, 2016, which governs offences committed by members and staff of the Commission:
- Unreasonable Delays: Amends Section 6(h) to include "or unreasonably delays" after "fails", thereby making it an offence to unreasonably delay the declaration of election results.
- Expanded Collusion Scope: Amends Section 6(k) by inserting the words "and any other person" after "candidate", ensuring collusion with any third party to give an undue advantage is penalized.
- Ungazetted Polling Stations: Inserts a new paragraph (n) to explicitly criminalize the holding or conducting of an election in any polling station that has not been gazetted.
- Interference with Results: Inserts a new paragraph (o) to criminalize knowingly or intentionally interfering with, altering, or causing another person to interfere with or alter declared election results.
New Obligations
The bill places strict, explicit compliance obligations on members, staff, and any persons carrying out duties under written laws relating to elections:
- Station Verification: Election officials must only host, conduct, or manage elections within officially gazetted polling stations.
- Prompt Declarations: Officials must declare election results efficiently and avoid any unreasonable delays.
- Data Integrity: Commission members and staff must prevent unauthorized changes, alterations, or interference with declared election outcomes.
Penalties
All newly introduced offences fall under the general penalty regime of Section 6 of the Election Offences Act, 2016. Any individual convicted of these offences is liable to:
- A fine not exceeding KSh 2 million;
- Imprisonment for a term not exceeding five years; or
- Both the fine and imprisonment.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.