Related documents
- Is amended by 24th Annual Supplement
- Amends Elections Act

LAWS OF KENYA
ELECTION OFFENCES ACT
CAP. 66
- Published in Kenya Gazette Vol. CXVIII—No. 114 on 23 September 2016
- Assented to on 13 September 2016
- Commenced on 4 October 2016
- [Amended by Election Laws (Amendment) Act, 2017 (Act No. 34 of 2017) on 2 November 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Short title.
This Act may be cited as the Election Offences Act.2. Interpretation.
In this Act, unless the context otherwise requires—"ballot box" means a transparent container with a slot on the top sufficient to accept a ballot paper in an election or in a referendum but which prevents access to the votes cast until the closing of the voting period;"ballot paper" means paper used to record the choice made by a voter and shall include an electronic version of a ballot paper or its equivalent for purposes of electronic voting;"candidate" means a person contesting for an elective post;"Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;"constituency" means one of the constituencies into which Kenya is divided under Article 89 of the Constitution;"county" means one of the counties into which Kenya is divided under Article 6(1) of the Constitution and specified in the First Schedule to the Constitution;"election" means a presidential, parliamentary or county election and includes a by-election;"election court" means the Supreme Court in exercise of the jurisdiction conferred upon it by Article 163(3)(a) or the High Court in the exercise of the jurisdiction conferred upon it by Article 165 (3)(a) of the Constitution or the Resident Magistrate's Court designated by the Chief Justice in accordance with section 75 of the Elections Act (Cap. 7);"election period" means the period between the publication of a notice by the Commission for a presidential, parliamentary or county election under sections 14, 16, 17 and 19 of the Elections Act (Cap. 7) and the Gazettement of the election results;"referendum committee" has the meaning assigned to it under the Elections Act (Cap. 7);"Register of Voters" has the meaning assigned to it under the Elections Act (Cap. 7);"voter" means a person whose name is included in a current register of voters;"ward" means an electoral area within a county delimited in accordance with Article 89 of the Constitution.3. Offences relating to register of voters.
A person who—4. Offences relating to multiple registration as a voter.
5. Offences relating to voting.
A person who—6. Offences by members and staff of the Commission.
A member of the Commission, staff or other person having any duty to perform pursuant to any written law relating to any election who—7. Maintenance of secrecy at elections.
8. Personation.
9. Bribery.
10. Undue influence.
11. Use of force or violence during election period.
A person who, directly or indirectly in person or by any other person on his behalf, inflicts or threatens to inflict injury, damage, harm or loss on or against a person—12. Use of national security organs.
A candidate or any other person who uses a public officer, or the national security organs to induce or compel any person to support a particular candidate or political party commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding six years or to both.13. Offences relating to elections.
A person who—14. Use of public resources.
15. Participation in elections by public officers.
16. Unlawful expenditure.
17. Offences relating to the use of technology in elections.
A person who, in relation to the electoral process—18. Employers to allow employees reasonable period for voting.
19. Aiding and abetting offences.
20. Breach of Electoral Code of Conduct.
21. Powers of prosecution.
The Director of Public Prosecutions shall have the power to order investigations and to prosecute offences under this Act.22. Proceedings to be commenced within two years.
23. Power to appoint special magistrates.
24. General penalty.
25. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
02 November 2017
04 October 2016
Commenced
23 September 2016
13 September 2016
Assented to
Documents citing this one 79
Judgment 44
Gazette 29
Bench Bulletin 2
1. | Bench Bulletin - Issue 38 | |
2. | Bench Bulletin - Issue 39 |
Bill 2
1. | The Election Laws (Amendment) Bill, 2017 | |
2. | The Referendum Bill, 2020 |
Act 1
1. | Elections Act | 990 citations |
Legal Notice 1
1. | The National Police Service Standing Orders | 6 citations |