Members of Parliament on Thursday, August 14, passed the Election Offences (Amendment) (No. 2) Bill, 2024, introducing stiffer penalties for Independent Electoral and Boundaries Commission (IEBC) officials who undermine the credibility of election results.
The Bill, sponsored by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, stems from the National Dialogue Committee (NADCO) recommendations and is aimed at enhancing electoral integrity ahead of the 2027 General Election.
Under the new provisions, IEBC officials who deliberately delay announcing results after polling closes, knowingly alter declared outcomes, or tamper with election materials face fines of up to Ksh. 2 million, a jail term of up to five years, or both.
The legislation also prohibits IEBC staff from conducting elections in ungazetted polling stations, declaring any results from such venues invalid. This measure seeks to curb the emergence of “ghost” polling stations that have historically raised questions over the transparency of the electoral process.
“The Bill seeks to give effect to recommendations and views of the public submitted during the national dialogue on electoral justice, constitutional matters, fidelity to political parties, and the law on multiparty democracy,” the sponsors noted. It also ties into broader governance reforms, including the entrenchment of the National Government Constituencies Development Fund, the Senate Oversight Fund, and the National Government Affirmative Action Fund.
Beyond targeting electoral officers, the Bill expands its reach to candidates, political parties, and voters. Clause 3 criminalises the publication of false statements about a candidate or political party, a move aimed at curbing misinformation during campaigns. Clause 4 addresses the misuse of technology to influence voters, reflecting growing concerns over digital manipulation and cyber interference in elections.
MPs backing the Bill said it was a critical step in restoring public trust in Kenya’s electoral system. “The expanded list of offences will ensure accountability and deter actions that have previously compromised election outcomes,” they argued.
If signed into law, the Bill will significantly strengthen Kenya’s electoral legal framework, aligning it with both public demands and international standards for free and fair elections.
