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.
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Categories of Election Offences in Kenya
- Offences Related to the Register of Voters
- Unauthorized tampering, defacing, or altering voter registers.
- Registering a non-eligible voter or omitting a qualified voter.
- Offences Related to Multiple Registration as a Voter
- Registering more than once using different identities.
- Voting more than once in the same election.
- Offences Related to Voting
- Voting without proper identification or authorization.
- Voting when not registered.
- Presenting fake documents to vote.
- 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.
- Maintenance of Secrecy at Elections
- Disclosing how another person voted.
- Interfering with the secrecy of the voting process.
- Personation (Voter Impersonation)
- Voting under another person’s name.
- Using fake identification to vote.
- Bribery
- Offering money, gifts, or any other benefits to influence voting.
- Accepting bribes to vote in a certain way.
- Undue Influence
- Using threats, intimidation, or blackmail to influence a voter’s choice.
- Use of Force or Violence During the Election Period
- Using physical violence to disrupt elections.
- Destroying election materials or causing chaos at polling stations.
- Use of National Security Organs
- Misusing police, military, or intelligence agencies to influence elections.
- Deploying security forces unlawfully to intimidate voters.
- Offences Relating to Elections
- Fraudulent ballot stuffing.
- Destroying or altering election materials.
- Publishing false election results.
- Use of Public Resources
- Government officials using state resources to campaign.
- Misusing government vehicles, offices, or funds for election campaigns.
- 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.
- Unlawful Expenditure
- Exceeding the legally allowed campaign spending limits.
- Using unaccounted-for funds in election campaigns.
- Offences Relating to the Use of Technology in Elections
- Interfering with electronic voting systems.
- Hacking election databases.
- Employers to Allow Employees Reasonable Period for Voting
- Preventing employees from voting during election day.
- Aiding and Abetting Offences
- Assisting in committing election fraud or other election offenses.
- 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.
