Parliament has passed a new law to tighten and expand the scope of electoral offences of IEBC officials, a step lawmakers say is aimed at protecting the integrity of upcoming elections especially with 2027 just around the corner.
The Election Offences (Amendment) (No.2) Bill, 2024 was passed on Thursday, August 14. It expands the list of what counts as an election offence, especially for officials of the Independent Electoral and Boundaries Commission.
The Bill, pushed by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, builds on recommendations from the National Dialogue Committee (NADCO), which held talks last year on electoral justice and other political reforms.
So, what’s new? For starters, IEBC officials who delay announcing results after polls close, tamper with election materials, or fiddle with declared results could now face fines of up to Ksh.2 million, up to five years behind bars or both.
The law also makes it illegal for IEBC staff to conduct elections in polling stations that haven’t been officially listed (gazetted). Any results from such stations? Automatically invalid.
“This law is basically responding to what the public told us during last year’s dialogue forums,” one MP said after the session. “People are tired of half-baked elections and loopholes that allow manipulation.”
Another big change: it’s now an offence to publish false statements about candidates or political parties (Clause 3). And under Clause 4, the Bill introduces new rules to prevent the misuse of technology like spreading fake news or using tech to influence how people vote.
The general feeling in the House was that the current laws haven’t kept up with how elections are actually being run and manipulated.
“This isn’t just about punishing bad actors,” said a source close to the Bill’s drafters. “It’s about making sure Kenyans can trust the process next time they head to the ballot.”
