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MPs pass Bill imposing Ksh.2M fine on IEBC officials delaying, altering election results

MPs pass Bill imposing Ksh.2M fine on IEBC officials delaying, altering election results

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Members of Parliament on Thursday, August 14, passed the Election Offences (Amendment) (No.2) Bill, 2024, which seeks to expand the scope of electoral offences for Independent Electoral and Boundaries Commission (IEBC) officials. 

The Bill, sponsored by Senate Majority Leader Aaron Cheruiyot and his Minority counterpart Stewart Madzayo and originally developed from the National Dialogue Committee (NADCO) recommendations, sought to enhance integrity within election practices ahead of the 2027 General Election. 

For instance, the Bill broadens the scope of election offences by introducing penalties for IEBC officials who delay announcing election results immediately after closing the polling, knowingly alter declared results or tamper with election materials. 

This includes a fine not exceeding Ksh.2 million or a jail term not exceeding five years or both. 

The Bill also bars IEBC staff from conducting elections in ungazetted polling stations, noting that such results would be deemed invalid. 

"The Bill seeks to give effect to recommendations and views of the public that were submitted during the national dialogue discourse on the Issues of Electoral Justice and Related Matters; Outstanding Constitutional Matters; Fidelity to Political Parties/Coalitions and the law on multiparty democracy; Entrenchment of the National Government Constituencies Development Fund; the Senate Oversight Fund and the National Government Affirmative Action Fund and Establishment and Entrenchment of State Office."

Under Clause 3, the Bill makes it an offence for any person who publishes false statements about a candidate or a political party.

Clause 4 provides regulations for the use of technology, whereby it curbs the misuse of technology to influence voters. 

The MPs declared that the Bill is designed to strengthen the legal framework governing election offences by expanding the list of offences that have undermined public trust in the electoral system and compromised the credibility of election outcomes.

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