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Proposal introduces jail term for delaying election results

Faith Chandianya by Faith Chandianya
March 14, 2024
in News
Reading Time: 1 min read

A significant proposal has been brought forth at the Senate, potentially reshaping electoral accountability within Kenya.

Spearheaded by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, the Election Offences (Amendment) Bill, 2024, suggests imposing a five-year imprisonment penalty on Independent Electoral and Boundaries Commission (IEBC) officials responsible for unwarranted delays in announcing election results.

The proposed amendment, aiming to revise Section 6 of the Election Offences Act, 2016, emphasizes stringent consequences for any deliberate obstruction in the timely declaration of election outcomes.

Specifically, the Bill outlines that both members and staff of the Commission who unjustifiably prolong the announcement of election results or engage in tampering with declared results would face legal ramifications.

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Previously, Section 6 of the Act primarily focused on the failure of election officials to declare election results, lacking specific provisions addressing intentional delays. The proposed amendment seeks to rectify this loophole by explicitly stipulating penalties for deliberate delays, alongside existing fines and imprisonment terms.

Crucially, garnering support from both Kenya Kwanza and Azimio-affiliated politicians suggests a promising trajectory for the Bill’s unanimous adoption in the House.

Additionally, the proposed amendments extend beyond addressing delays to encompass broader electoral integrity concerns, such as prohibiting voting in ungazetted polling stations and criminalizing any form of interference or alteration of declared results.

Moreover, the collaborative efforts between the government and opposition through the National Dialogue Committee (NADCO) signify a broader commitment to enhancing the electoral process. This mutual endeavor aims to explore avenues for restructuring the IEBC, reflecting a collective pursuit of transparent and accountable governance.

As the Bill progresses through legislative channels, its potential enactment promises to fortify Kenya’s electoral framework, deter electoral malpractices, and uphold the democratic principles integral to the nation’s governance.

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