The National Assembly has passed a bill introducing tougher penalties for Independent Electoral and Boundaries Commission (IEBC) officials and others found guilty of election malpractice.

The Election Offences (Amendment) (No. 2) Bill, 2024, approved during the Thursday, August 14 sitting, expands the scope of offences under the Elections Offences Act 2016.

It was developed from recommendations by the National Dialogue Committee (NADCO) to address loopholes and strengthen the credibility of Kenya’s electoral process.

The bill targets several forms of misconduct by IEBC officials, including unreasonably delaying the declaration of election results, knowingly altering declared results, tampering with election materials, publishing false statements about candidates or political parties, interfering with political campaigns, and using technology to improperly influence voters.

According to the Justice and Legal Affairs Committee, the amendments are meant to “strengthen the legal framework governing election offences by expanding the list of offences which have undermined public trust in the electoral system and compromised the credibility of election outcomes.”

Clause 3 of the bill criminalises publishing false statements about a candidate or political party, while Clause 4 introduces new technology-related offences, including the electronic transmission of information intended to induce or compel a person to forgo their political rights.

The changes also make it an offence to conduct elections in stations that have not been gazetted.

IEBC officials who delay announcing results will now face up to five years in prison, a fine of up to Sh5 million, or both.

The bill amends Section 6 of the Election Offences Act, providing that: “A member of the Commission, staff or other person having any duty to perform pursuant to any written law relating to any election who, where required under the Elections Act (No. 24 of 2011) or any other law to declare the result of an election, fails to declare the results of an election commits an offence and is liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or to both.”

It further states, “It shall be an offence to knowingly or intentionally interfere, alter or knowingly or intentionally cause another person to interfere or alter declared results.”

The bill was first tabled in the Senate in March 2024 by Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo.

Lawmakers said the amendments address gaps in the current law, which previously lacked clarity on penalties for intentionally delaying election results.