The Election Offences (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Conducting Elections in Ungazetted Polling Stations Criminalised
The Bill introduces a new offense under section 6 of the Act, prohibiting members and staff of the electoral commission from holding or conducting an election in any polling station that has not been officially gazetted.
Unreasonable Delays in Results Declaration Banned
The Bill amends section 6(h) to explicitly penalise election officials who unreasonably delay the declaration of election results, strengthening the existing requirement to declare results.
Strict Penalties for Altering Declared Results
A new provision under section 6(o) criminalises the act of knowingly or intentionally interfering with, altering, or causing another person to alter declared election results.
Bill No.
No. 9 of 2024
Gazette No.
Supplement No. 51 of 2024
Sponsors
AARON CHERUIYOT, Stewarts Madzayo
Background
The Election Offences (Amendment) Bill, 2024 seeks to amend the Election Offences Act, 2016 (No. 37 of 2016) to enhance electoral integrity and accountability. The proposed amendments specifically target the duties, actions, and conduct of members and staff of the Independent Electoral and Boundaries Commission (IEBC) during the voting and results declaration processes.
Key Amendments
The Bill amends Section 6 of the principal Act by introducing new electoral offenses and refining existing ones:
- Unreasonable Delays (Section 6(h)): Expands the offense of failing to declare election results to include instances where an official "unreasonably delays" the declaration of results.
- Ungazetted Polling Stations (Section 6(n)): Explicitly criminalises conducting or holding an election in an ungazetted polling station.
- Interference with Results (Section 6(o)): Criminalises knowingly or intentionally interfering with or altering declared results, or causing another person to do so.
Penalties
Under Section 6 of the Act, any election official or person tasked with election duties who commits these offenses is liable on conviction to:
- A fine not exceeding two million shillings (KSh 2,000,000);
- Imprisonment for a term not exceeding five years; or
- Both.
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