Types of Election Offences in Kenya

The Election Offences Act outlines various electoral offenses in Kenya. These offenses are designed to ensure free, fair, and credible elections while maintaining order and integrity throughout the electoral process.

Categories of Election Offences in Kenya

1. Offences Related to the Register of Voters
   • Unauthorized tampering, defacing, or altering voter registers.
   • Registering a non-eligible voter or omitting a qualified voter.
2. Offences Related to Multiple Registration as a Voter
   • Registering more than once using different identities.
   • Voting more than once in the same election.
3. Offences Related to Voting
   • Voting without proper identification or authorization.
   • Voting when not registered.
   • Presenting fake documents to vote.
4. Offences by Members and Staff of the Independent Electoral and Boundaries Commission (IEBC)
   • Manipulating election results.
   • Failing to carry out election duties fairly.
   • Unauthorized disclosure of election results.
5. Maintenance of Secrecy at Elections
   • Disclosing how another person voted.
   • Interfering with the secrecy of the voting process.
6. Personation (Voter Impersonation)
   • Voting under another person’s name.
   • Using fake identification to vote.
7. Bribery
   • Offering money, gifts, or any other benefits to influence voting.
   • Accepting bribes to vote in a certain way.
8. Undue Influence
   • Using threats, intimidation, or blackmail to influence a voter’s choice.
9. Use of Force or Violence During the Election Period
   • Using physical violence to disrupt elections.
   • Destroying election materials or causing chaos at polling stations.
10. Use of National Security Organs

• Misusing police, military, or intelligence agencies to influence elections.
• Deploying security forces unlawfully to intimidate voters.

11. Offences Relating to Elections

• Fraudulent ballot stuffing.
• Destroying or altering election materials.
• Publishing false election results.

12. Use of Public Resources

• Government officials using state resources to campaign.
• Misusing government vehicles, offices, or funds for election campaigns.

13. Participation in Elections by Public Officers

• Public officers engaging in political campaigns unlawfully.
• Failing to resign from public office before vying for elections as required by law.

14. Unlawful Expenditure

• Exceeding the legally allowed campaign spending limits.
• Using unaccounted-for funds in election campaigns.

15. Offences Relating to the Use of Technology in Elections

• Interfering with electronic voting systems.
• Hacking election databases.

16. Employers to Allow Employees Reasonable Period for Voting

• Preventing employees from voting during election day.

17. Aiding and Abetting Offences

• Assisting in committing election fraud or other election offenses.

18. Breach of the Electoral Code of Conduct

• Violating ethical and legal guidelines for political campaigns.
• Spreading false propaganda or engaging in hate speech.

For a detailed explanation of election offences in Kenya, refer to the Election Offences Act.