The Election Offences Act defines various offences related to electoral processes in Kenya. These offences aim to ensure free, fair, and credible elections by preventing electoral malpractices. Below are the main types of election offences in Kenya:
1. Offences Relating to the Register of Voters
- Knowingly registering as a voter more than once.
- Falsifying, defacing, destroying, or removing names from the voter register without lawful authority.
- Unlawful possession, printing, or supply of a voter register.
2. Offences Relating to Multiple Registration as a Voter
- Registering or attempting to register more than once in the same election.
- Using false identification or impersonation to register as a voter.
3. Offences Relating to Voting
- Voting more than once in an election.
- Impersonating another voter to cast a vote.
- Forging or unlawfully altering a ballot paper.
- Destroying, defacing, or removing ballot papers without lawful authority.
4. Offences by Members and Staff of the IEBC
- Electoral officials knowingly allowing unlawful voter registration or voting.
- Altering, destroying, or falsifying election results.
- Declaring false election results.
- Refusing to sign or submit official election results forms.
5. Maintenance of Secrecy at Elections
- Revealing how someone else voted.
- Forcing a voter to disclose their vote.
- Interfering with a voter’s decision in a polling booth.
6. Personation (Impersonation of a Voter)
- Voting or attempting to vote using another person’s identity.
- Falsely claiming eligibility to vote when not registered.
7. Bribery
- Offering money, gifts, or other benefits to voters in exchange for votes.
- Accepting bribes in exchange for voting or not voting.
- Using rewards to influence voters before, during, or after elections.
8. Undue Influence
- Threatening or intimidating voters to vote in a particular way.
- Preventing voters from freely exercising their right to vote.
- Using any form of coercion to influence election outcomes.
9. Use of Force or Violence During Election Period
- Using threats, force, or violence against voters, candidates, or election officials.
- Disrupting electoral campaigns or preventing free participation in elections.
10. Use of National Security Organs
- Using police, military, or intelligence officers to influence elections unlawfully.
- Deploying security forces to intimidate voters or political candidates.
11. Offences Relating to Elections
- Printing, distributing, or possessing fake ballot papers.
- Tampering with election materials, including ballot boxes and seals.
- Voting in an election while not eligible.
12. Use of Public Resources
- Misusing government resources for campaign purposes.
- Using state-funded facilities, vehicles, or employees for political campaigns.
- Unlawfully accessing government premises for campaign activities.
13. Participation in Elections by Public Officers
- Public officers engaging in political campaigns contrary to the law.
- Using an official position to influence election outcomes.
- Failing to take leave before contesting an election.
14. Unlawful Expenditure
- Spending above the legally prescribed campaign limits.
- Accepting campaign funding from illegal sources.
- Failing to account for election campaign expenses.
15. Offences Relating to the Use of Technology in Elections
- Interfering with electronic voter registration or results transmission.
- Hacking or tampering with election-related digital systems.
- Failing to safeguard election technology from unauthorized access.
16. Employers to Allow Employees a Reasonable Period for Voting
- Employers refusing to grant employees time off to vote.
- Penalizing employees for participating in the voting process.
17. Aiding and Abetting Offences
- Assisting or facilitating another person in committing an election offence.
- Conspiring to commit electoral fraud or malpractice.
18. Breach of Electoral Code of Conduct
- Spreading false information about candidates, political parties, or the electoral process.
- Engaging in hate speech, incitement, or inflammatory statements.
- Failing to adhere to the rules governing peaceful campaigning.
Penalties for Election Offences
The Election Offences Act prescribes various penalties for individuals found guilty of these offences, including:
- Fines ranging from thousands to millions of Kenya shillings.
- Imprisonment for up to ten years for serious offences.
- Disqualification from contesting in elections or holding public office.
For a detailed explanation of the election offences and penalties in Kenya, refer to the Election Offences Act:
Kenya Law – Election Offences Act
