The Senate has taken a significant step towards enhancing electoral integrity by introducing the Election Offences (Amendment) Bill (Senate Bills No. 9 of 2024).
The bill, which was read for the first time in the Senate, aims to amend section 6 of the Election Offences Act. Proposed by Kilifi Senator Stewart Madzayo, the amendments seek to address critical issues related to the conduct of elections by the Independent Election and Boundaries Commission (IEBC).
According to the bill, it will be deemed an offence for members and staff of the IEBC to conduct or hold elections in ungazetted polling stations. This measure is intended to ensure that all polling stations used during elections are officially recognized and approved, thereby reducing the risk of irregularities and enhancing the transparency of the electoral process.
"Clause 2 of the Bill amends section 6 of the Act to provide that it shall be an offence for members and staff of the Independent Election and Boundaries Commission to conduct or hold an election in an ungazetted polling station," the bill states.
In addition to addressing the issue of ungazetted polling stations, the bill also seeks to penalize members and staff of the IEBC who unreasonably delay the declaration of election results or knowingly alter declared results. "Further, the Clause creates offences for members and staff of the Commission who unreasonably delay in declaring election results or knowingly alter declared election results," the bill states.
The bill's sponsor emphasized that the proposed legislation does not delegate legislative powers nor does it limit any fundamental rights and freedoms.
The role of the IEBC has been questioned over its handling of elections in different parts of the country over the years. Some Kenyans and leaders have accused the electoral body and its commissioners of being the main instigators of violence in the country by allegedly holding unfair elections.
Currently, the country is operating without IEBC Commissioners, leaving constituencies and wards that should have had by-elections in a state of uncertainty.