NAIROBI, Kenya – Electoral officials who conduct elections at polling stations that have not been officially gazetted could face a fine of Sh2 million, imprisonment for up to five years or both under proposed amendments to Kenya’s Election Offences Act.
The Election Offences (Amendment) Bill, 2024, sponsored by Senate Majority Leader Aaron Cheruiyot and Senate Minority Leader Stewart Madzayo, also proposes penalties for officials who unreasonably delay declaring election results or interfere with announced tallies.
The Bill is awaiting consideration at the committee stage in the National Assembly. It proposes changes to Section 6 of the Election Offences Act to ensure election results originate from officially gazetted polling stations.
Under the current law, conducting an election at an ungazetted polling station is not expressly listed as an offence under the Act.
However, Regulation 7(1)(c) of the Elections (General) Regulations, 2022, requires the Independent Electoral and Boundaries Commission (IEBC) to publish a Gazette notice listing polling stations established in each constituency.
The notice must be publicised through electronic and print media of national circulation and other easily accessible channels, identifying each polling station by its distinguishing number, letter or combination of both.
Bill Targets Delayed Declaration Of Results
The proposed amendments would also criminalise the failure or unreasonable delay by electoral officials to declare election results when required by law.
“A member of the commission, staff or any other person having any duty to perform pursuant to any written law relating to any election who, where required to declare the result of an election, fails or unreasonably delays to declare the results of an election, commits an offence,” the proposed provision states.
The Bill further seeks to introduce Section 6(o), which would make it an offence for an IEBC commissioner or staff member to knowingly or intentionally interfere with declared results, alter them or cause another person to do so.
The proposed changes aim to strengthen accountability among officials responsible for conducting elections, announcing results and handling declared tallies.
Bill Follows NADCO Reform Recommendations
The proposed amendments form part of recommendations by the National Dialogue Committee (NADCO), whose report was adopted by Parliament in February 2024.
The Senate passed the Bill on November 19, 2024, before forwarding it to the National Assembly, where it was read for the first time on December 3, 2024. It was subsequently reviewed by the House Committee on Justice and Legal Affairs.
NADCO was established through a bipartisan arrangement to address political tensions following deadly protests after Azimio la Umoja One Kenya leader Raila Odinga disputed the outcome of the August 9, 2022, presidential election.
The talks were co-chaired by Wiper leader Kalonzo Musyoka, representing Azimio, and Kikuyu MP Kimani Ichung’wah, representing Kenya Kwanza. The discussions included electoral law reforms intended to promote a level playing field for competing candidates.
Proposed Law Revives Concerns From 2017 Election
The Bill also draws attention to disputes surrounding the 2017 General Election, when the IEBC gazetted 40,883 polling stations.
A petition that successfully challenged the presidential election outcome alleged that the commission had “illegally and fraudulently established ungazetted polling stations in Mandera County, which were manned by ungazetted and undesignated returning and presiding officers”.
The petition challenging President Uhuru Kenyatta’s victory also questioned the transmission of election results, alleging that results from slightly more than 11,000 polling stations had been transmitted from locations other than those officially gazetted.
It further alleged that vote-count results had been added to the final tally, raising questions about the integrity of the presidential election.
The proposed amendments seek to establish specific penalties for such election-related offences and reinforce accountability in the management of polling stations, declaration of results and handling of announced tallies.
The penalties remain proposals under the Bill and would apply only if the amendments are enacted into law.
