Electoral Reforms · Official document

Election Offences Act No. 37 of 2016 — Revised Edition 2017 [2016]

Other official document · Independent Electoral and Boundaries Commission · Electoral Acts

Type
Other official document
Publisher
Independent Electoral and Boundaries Commission · Electoral Acts
Date
Published

30-second brief

The essential point

Draft: an editor has not checked this summary yet. Every statement below still shows the official record it came from.

This 2017 revised edition treats force, violence, injury, harmful practices, deception, duress or intimidation used to control candidacy, voter registration, voting choice or election results as forms of undue influence.

Evidence: Undue influence, section 10, revised edition p. 10; retained PDF physical p. 10

Why it matters

It assigns investigations and prosecution to the Director of Public Prosecutions, while the next section’s heading and body conflict on whether proceedings begin within two years or twelve months.

Evidence: Powers and timing of prosecution, sections 21–22(1), revised edition p. 16; retained PDF physical p. 16

Open the key points and evidence
  1. The 2017 text makes it an offence for an election officer, candidate or counting agent to violate ballot secrecy or try to ascertain a ballot-paper number while counting.

    Maintenance of secrecy, section 7(2), revised edition p. 9; retained PDF physical p. 9
  2. It treats accepting or agreeing to accept an election-period bribe as an offence, with a stated maximum fine of KSh 2 million, six years’ imprisonment or both.

    Bribery, section 9(2)–(3), revised edition p. 10; retained PDF physical p. 10
  3. The edition treats inflicting or threatening harm to control political support, punish a voting choice or compel how a person votes as an offence.

    Use of force or violence, section 11, revised edition p. 11; retained PDF physical p. 11
  4. It describes partisan activity, public campaign support and using public resources for supportive development projects by a public officer as offences.

    Participation by public officers, section 15(1), revised edition p. 13; retained PDF physical p. 13
  5. Its election-technology provisions cover stealing or damaging election equipment and intentionally concealing, destroying or altering source code or computer-held election information.

    Election technology offences, section 17(a)–(c), revised edition p. 14; retained PDF physical p. 14

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