The National Assembly has approved the Election Offences (Amendment) (No. 2) Bill, 2024, introducing stiffer penalties for election malpractice and widening the list of offences for officials of the Independent Electoral and Boundaries Commission (IEBC).
The Bill stems from recommendations by the National Dialogue Committee (NADCO) and aims to close loopholes in the Election Offences Act, 2016, to protect the integrity of Kenya’s elections.
It sets penalties for IEBC officials who delay declaring results without reason, knowingly alter results, or tamper with election materials. It also outlaws spreading false statements about candidates or political parties, blocking free political campaigning, and using technology to influence voters.
Under the new law, making or publishing false claims about a candidate or party will be a criminal offence. It also criminalises the electronic transmission of information meant to pressure or mislead someone into giving up their political rights.
In its report, the Justice and Legal Affairs Committee said the changes will “strengthen the legal framework on election offences, restore public trust in the electoral process, and safeguard the credibility of election outcomes.”
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