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SUMMARY OF OFFENCES UNDER THE ELECTION OFFENCES ACT

SECTION

OFFENCE

PENALTY

3a

Making, preparing, printing, being in possession of a document or paper purporting to be a register of voters

A fine not exceeding TWO million shillings or to imprisonment for a term not exceeding SIX years, or to both

b

Knowingly making any false statement or in connection with any application to be registered in any register of voters

c

Aiding, abetting, counselling or procuring the commission or attempting to commit the offences in section 3 (a) and (b)

4 (1)a

Registering as a voter in a register of voter while already registered and not in substitution. (Multiple registration)

 

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding ONE YEAR or to both.

b

Applying to be registered in a register of voters which application has not been either granted or rejected/ applying to be registered in the same register of voters or in another register of voters;

c

Simultaneously making two or more applications to be registered as a voter; or

 

d

Applying to be registered as a voter when you have been disqualified by an election court.

(2)

Commiting an offence under subsection (1)

In addition to the penalty provided in subsection (1), the person shall not be eligible to vote in that election or in the next election

(3)

A member or officer of the Commission or a person aiding another person to register as a voter more than once

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding ONE year or to both

(4)

A candidate aiding a person to register as a voter more than once

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding one year or to both and shall not be eligible to contest in the ongoing general election.

5 a

forging, counterfeiting, defacing or destroying any ballot paper or the official perforation, stamp or mark on any ballot paper;

 

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding SIX YEARS or to both.

 

b

Supplying any ballot paper to any person; without authority

 

c

selling or offering for sale any ballot paper to any person;

 

d

purchasing or offering to purchase any ballot paper from any person;

 

e

Possessing of any ballot paper which has been marked with any official perforation, stamp or mark has any such ballot paper in his possession; without entitlement

 

f

Putting into any ballot box anything other than the ballot paper which he is authorized by law

 

g

Taking out of a polling station any ballot paper or possessing of any ballot paper outside a polling station;

 

h

Removing election material from a polling station before, during or after an election; without authority

 

i

Destroying, taking, opening, disposing of or interfering with any election material in use or intended to be used for the purposes of an election; without authority

 

j

Printing any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; without authority

 

k

Manufacturing, constructing, importing, possessing, supplying or using, or causing to be manufactured, constructing, importing, supplying or using, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after depositing in a ballot box during the polling at any election; for purposes of an election

 

l

Making any mark on any ballot paper issued to any person other than to himself;

 

m

Voting at any election when they are not entitled to vote

 

n

Voting more than once in any election;

 

o

Interfering with a voter in the casting of his vote in secret;

 

p

Pretending to be unable to read or write so as to be assisted in voting; or

 

q

Pretending to be visually impaired or suffering from any other disability so as to be assisted in voting,

 

6 a

Making, in any record, returning or other document which they are required to keep or making under such written law, an entry which

they know or have reasonable cause to believe to be false, or do not believe to be true;

 

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding THREE YEARS or to both.

b

Permitting any person whom they know or have reasonable cause to believe to be able to read or write to vote in the manner provided for persons unable to read or write;

 

c

Permitting any person whom they know or have reasonable cause to believe is not visually impaired or a person with disability to vote in the manner provided for persons who are visually impaired or persons with disability, as the case may be

d

Wilfully preventing any person from voting at the polling station at which they know or have reasonable cause to believe such person is entitled to vote;

e

Wilfully rejecting or refusing to count any ballot paper which they know or have reasonable cause to believe is validly cast for any candidate in accordance with the provisions of such written law;

 

f

Wilfully counting any ballot paper as being cast for any candidate which they know or have reasonable cause to believe was not validly cast for that candidate;

 

g

Interfering with a voter in the casting of his vote in secret;

 

h

Failing to declare the results of an election; where required under the Elections Act or any other law

i

Purporting to make a formal declaration or formal announcement of an election result; except in the case of a member, officer or person authorized to do so,

j

Doing or omitting to do anything in breach of his official duty; without reasonable cause

k

 

Colluding with any political party or candidate for purposes of giving an undue advantage to the political party or candidate;

 

l

Wilfully contravening the law to give undue advantage to a candidate or a political party on partisan, ethnic, religious, gender or any other unlawful considerations; or

 

m

Failing to prevent or report to the Commission or any other relevant authority, the commission of an electoral offence committed under this Act,

 

7 (1)

 

An election officer, candidate, agent or other person

(a)

obtaining or attempting to obtain, in a polling station, information as to the candidate for whom any voter in the station is about to vote or has voted;

(b)

communicating at any time to any person, any information obtained in a polling station as to the candidate for whom any voter in the station is about to vote or has voted; or

       

 

(c)

disclosing the serial number of the ballot paper issued to any voter at the station,

 

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding THREE YEARS or to both.

(2)

Failing to maintain or aiding in violating the secrecy of the ballot or attempting to ascertain at such counting the number of any ballot paper, or communicating any information obtained at such counting as to the candidate for whom any vote is given by any particular ballot paper

(3)

A person attending any proceedings relating to an election—

(a)

communicating, before the poll is closed, to any person any information obtained at those proceedings as to any official perforation, stamp or mark to be used in connection with any paper;

(b)

communicating to any person at any time any information obtained at those proceedings as to the number of ballot papers issued to any person;

       

 

(c)

attempting to ascertain at the proceedings in connection with the receipt of ballot papers, the number on any ballot paper;

(d)

attempting to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings; or

       

 

(e)

capturing an image of any marked ballot for purposes of financial gain or for showing allegiance,

 

8 a

Applying for a ballot paper in the name of another person, or of a fictitious person;

 

The Penalty shall be cognizable

b

Having voted once at any such election, voting again or applying at the same election for a ballot paper in his own name;

 

c

Voting with the knowledge that he is not entitled to vote in that election; or

 

d

A person presenting himself as an election official knowing that he is not,

 

9 (1)

A person who, during an election period—

(a)

directly or indirectly offering a bribe to influence a voter to—

(i)

vote or refrain from voting for a particular candidate or political party;

(ii)

attend or participate in or refrain from attending or participating in any political meeting, march, demonstration or other event of a political nature or in some other manner lending support to or for a political party or candidate;

       

(b)

in any manner unlawfully influencing the result of an election;

       

 

(c)

directly or indirectly, in person or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if they have become candidates,

 

A fine not exceeding TWO million shillings or to imprisonment for a term not exceeding SIX YEARS or to both.

(2)

Accepting or agreeing to accept a bribe that is offered in the circumstances described in subsection (1)

10 (1)

Using or threatening to use any force, violence including sexual violence, restraint, or material, physical or spiritual injury, harmful cultural practices, damage or loss, or any fraudulent device, trick or deception, directly or indirectly, for the purpose of or on account of—

(a)

inducing or compelling a person to vote or not to vote for a particular candidate or political party at an election;

(b)

inducing or compelling a person to refrain from becoming a candidate or to withdraw if he has become a candidate; or

       

 

(c)

impeding or preventing a person from being nominated as a candidate or from being registered as a voter,

 

 

(2)

Inducing, influencing or procuring any other person to vote in an election knowing that the person is not entitled to vote in that election

(3)

A person who directly or indirectly by duress or intimidation—

(a)

impedes, prevents or threatens to impede or prevent a voter from voting; or

(b)

in any manner influences the result of an election,

       

 

(4)

Compelling or inducing any voter who has already voted at an election, by duress or intimidation—

(a)

to inform that person or any other person of the name of the candidate or political party for which the voter has voted; or

(b)

to display the ballot paper on which the voter has marked his vote,

       

 

11

Inflicting or threatening to inflict injury, damage, harm or loss on or against a person—

(a)

so as to induce or compel that person to support a particular candidate or political party;

(b)

on account of such person having voted or refrained from voting; or

       

 

(c)

in order to induce or compel that person to vote in a particular way or refrain from voting,

 

A fine not exceeding TWO million shillings or to imprisonment for a term not exceeding SIX YEARS or to both.

12

Using a public officer, or the national security organs to induce or compel any person to support a particular candidate or political party

A fine not exceeding TEN million shillings or to imprisonment for a term not exceeding SIX YEARS or to both.

13 a

Printing, publishing, distributing or posting, or causing to be printed, published, distributed or posted up, any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of the printer and publisher;

To a fine not exceeding FIVE hundred thousand shillings or to imprisonment for a term not exceeding FIVE YEARS or to both.

b

Making or publishing, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of withdrawal of any other candidate at such election;

 

c

Forging, defacing or destroying any nomination paper, or delivering to a returning officer any nomination paper knowing it to be forged;

 

d

Interfering with election material by removing destroying, concealing or mutilating or assisting in the removal, destruction, concealment or mutilation of any such material save on the authority of the Commission or under the provisions of the Elections Act.

 

e

Directly or indirectly printing, manufacturing or supplying or procuring the printing, manufacture or supply of any election material in connection with the election save on the authority of the Commission;

 

f

Interfering with free political canvassing and campaigning by—

(i)

using language which is threatening, abusive or insulting or engages in any kind of action which may advocate hatred, incite violence or influence the voters on grounds of ethnicity, race, religion, gender or any other ground of discrimination;

(ii)

directly or indirectly, using the threat of force, violence, harassment or otherwise preventing the conduct of any political meeting, march, demonstration or other event of a political nature or any other person from attending or participating therein;

       

 

(iii)

creating a material disruption with the intention of preventing a political party from holding a public political meeting;

(iv)

impeding, preventing or threatening to impede or prevent the right of any representative of any political party from gaining access, in the manner and during the hours prescribed to voters in any particular area, whether public or private for the purposes of canvassing and campaigning and soliciting membership and support; or

       

 

(v)

impeding, preventing or threatening to impede or prevent a member of the Commission, a representative of the Commission or any other authorized person or organization engaged in voter education from gaining access, in the refuses or fails to effect a direction, instruction or lawful order issued by or on behalf of the Commission;

 

g

Refusing or failing to leave an election counting centre or any area designated by the Commission for electoral purposes when so ordered in accordance with the Elections Act;

 

h

Entering or remaining in an election centre or in any area designated by the Commission for electoral purposes in contravention of Elections Act;

 

i

Obstructing or hindering any elections officer, candidate or agent in the execution of their lawful duties;

 

j

Making a false statement or furnishing false particulars in any statement which is required under Elections Act knowing the statement or particulars to be false or without reasonable grounds for believing the same to be true; or

 

k

Publishing, repeating or disseminating in any manner whatsoever, information with the intention of—

(i)

disrupting or preventing the election;

(ii)

creating hostility or fear in order to influence the process or outcome of the election; or

       

 

(iii)

otherwise unlawfully influencing the process or outcome of the election, or aids, abets counsels or procures the commission of or attempts to commit any such offence; or

 

l

Forging, defacing or destroying any campaign or promotional material of an opposing candidate or political party,

 

15 (1) a

Engaging in the activities of any political party or candidate or act as an agent of a political party or a candidate in an election;

 

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding THREE YEARS, or to both.

b

Publicly indicating support for or opposition against any party, side or candidate participating in an election;

 

c

Engaging in political campaigns or other political activity; or

 

d

Using public resources to initiate new development projects in any constituency or county for the purpose of supporting a candidate or political party in that constituency or county,

 

(2)

Knowingly aiding in contravention of subsection (1)

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding THREE YEARS, or to both such fine and imprisonment

(3)

A candidate who knowingly aids in contravention of subsection (1)

Not be eligible to contest in the election.

16 (1)

Making payment, contracting for payment or giving any other consideration of any kind for the purpose of promoting or procuring the election of a candidate at any election—

(a)

on account of the conveyance of voters to or from the poll, whether for the hiring of vehicles, vessels or animals of transport of any kind whatsoever, or for railway fares, or otherwise; or

(b)

to or with a voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address bill or notice,

       

 

 

(2)

A person who, upon the filing of an election petition in respect of an electoral area and prior to the conclusion of a by-election in respect of that electoral area where a court determines that a by-election is to be held—

(a)

Registering voters in the electoral area in which the by-election is to be held;

(b)

Causing the registration of voters in the electoral area in which the by–election is to be held; or

       

 

(c)

Transferring voters in substantial numbers to the electoral area in which a by-election is to be held,

 

 

(3)

Receiving payment under the circumstances provided for under subsection (1) commits an offence.

 

 

(4)

A person who lets, lends or employs a vehicle, vessel, aircraft, or animal of transport knowing that it is intended to be used to convey voters to and from a poll commits an offence.

 

 

(5)

Hiring, borrowing or using a vehicle, vessel, aircraft, or animal of transport knowing that it is intended to be used to convey voters to and from a poll commits an offence.

 

 

17

A person who, in relation to the electoral process—

(a)

stealing or intentionally causing damage to electronic equipment;

   
       

 

 

 

 

 

       

 

 

 

 

 

 

 

A fine not exceeding TEN million shillings or to imprisonment for a term not exceeding TEN YEARS or to both.

(b)

Knowingly or intentionally concealing, destroying, altering or knowingly or intentionally causing another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network;

(c)

 

 

Causing or knowing that he is likely to cause wrongful loss or damage to the public or any person, destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility;

(d)

Accessing the whole or any part of a computer system without authorization;

 

(e)

 

Intercepting, by technical means and without authorization, any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data;

 

(f)

 

Intentionally or recklessly altering or interfering with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or a computer program, electronic document, or electronic data message without authority, including by the introduction or transmission of viruses;

 

 

 

 

 

 

(g)

 

Using, producing, selling, procuring, importing, distributing, or otherwise makes available, without lawful authority—

(i)

a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences under this Act; or

(ii)

a computer password, access code, or similar data by which the whole or any part of a computer system may be accessed with intent that it be used for the purpose of committing an offence under this Act;

       

 

(h)

 

knowingly inputting, altering, or deleting computer data with the intent that the result be considered or acted upon for legal purposes as if it were authentic, regardless of whether or not the data is directly readable and intelligible; or

(i)

 

 

intentionally acquiring, using, misusing, transferring, altering or deleting another person's identification information,

18 (1)

Every employer shall, on polling day, allow a voter in his employ a reasonable period for voting, and no employer shall make any deduction from the pay or other remuneration of any such voter or impose upon or exact from them any penalty by reason of his absence during such period.

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding SIX YEARS or to both.

(2)

An employer directly or indirectly refusing, or by intimidation, undue influence, or in any other manner interfering with the granting to any voter in his employ of a reasonable period for voting as specified in subsection (1) commits an offence and is liable on conviction to

19

Aiding, abetting, counselling or procuring the commission of or attempting to aid, abet, counsel, or procure the commission of an offence specified in this Act commits an offence.

Cognizable

20

Every officer of a political party and every nominated candidate attempting to participate in or participating in an election without subscribing to the Electoral Code of Conduct

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding SIX YEARS or to both.

24

Contravening a provision in this Act for which a penalty has not been provided for, commits an offence and is liable, on conviction, to a

A fine not exceeding ONE million shillings or to imprisonment for a term not exceeding THREE YEARS or to both.

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