Nairobi

In a bold move to shore up democratic integrity, Kenya’s National Assembly on Thursday approved an amendment to the Elections Offences Act that imposes stiff penalties on election officials found guilty of misconduct.

The Election Offences (Amendment) (No. 2) Bill, 2024 was passed with broad support. It expands the list of punishable offences by officials from the Independent Electoral and Boundaries Commission (IEBC), covering acts such as unreasonable delays in declaring results, deliberate manipulation, and tampering with election materials.

A standout clause makes it a crime to publish false statements about candidates or parties. Another penalises the misuse of technology—for example, transmitting information aimed at compelling someone to forgo their political rights.

Under the updated section of the law, an IEBC member or staff who fails to declare results in time may face a fine of up to KSh 2 million, five years in prison, or both. The bill also outlaws elections in polling stations not gazetted and the intentional alteration of declared results.

The amendment stems from recommendations by the National Dialogue Committee (NADCO), which identified weaknesses in the 2016 Act. In its report, the parliamentary Justice and Legal Affairs Committee explained that the update aims to restore public confidence by closing loopholes that had previously undermined trust in election outcomes.

The bill was initially tabled in the Senate by Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo in March 2024. The National Assembly’s approval now sends it to the President for assent.

Not all stakeholders are in full agreement. Civil society groups have welcomed the hard line. However, the IEBC has raised concerns that strictly defined offences may not allow room for practical challenges, such as delays triggered by logistics or security issues.

Why It Matters

Kenya’s 2027 general elections loom large, and with them, concerns over electoral credibility and security. This legislation signals legislators' determination to make election administration more accountable. Yet tensions remain—between enforcing strict standards and allowing election officials the flexibility needed in complex operational environments.