The Elections Offences (amendment) (no.2) Bill 2024

Introduced / Published: 1 Apr 2025

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Source: https://www.parliament.go.ke/sites/default/files/2025-04/The%20Elections%20Offences%20%28Amendment%29%20%28No.2%29%20Bill%202024.pdf

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(Bill No. 28 of 2024)

(A Bill published in the Kenya Gazette Supplement No. 98 of 7th May, 2024 and passed by the Senate, with amendments, on 19th November, 2024.)

Amendmentof section13of Cap.66.

ANACT of Parliament to amend the Election OffencesAct.

ENACTEDby theParliament ofKenya,asfollows-

Short title.

1. This Act may be cited as the Election Offences (Amendment) Act, 2024.

Amendmentof section6 of Cap. 66.

2.Section 6 of the Election Offences Act,2016(hereinafter referred to as “"the principal Act") is amended—-

(a) by deleting paragraph (h) and substituting therefor the following new paragraphs -
(h) whererequiredunderArticle138(10)ofthe Constitution todeclaretheresultsofapresidential electionwithinsevendaysafterthepresidential election,fails todeclare theresults of thepresidential electionwithin the seven days;
(ha)whererequiredunder section39(1)of theElections Acttodeclaretheresultsofanelectionimmediately after close of polling, fails to declare the results of an election immediately after close of polling;
, m s q () n () immediately after the words "colludes with any"; and
(c) by inserting the following new paragraph immediately after paragraph (m) ——
(n) knowingly interferes with, alters, destroys or conceals an election material or declared result, or knowingly causes another person to interfere, alter, destroy or conceal an election materialor declared result.
3.Section 13 of the principal Act is amended -
(a) in paragraph (b) by deleting the words "of withdrawal of false statement"and substituting therefor the words"about a candidate, political party or of withdrawal of a"; and
(b) in paragraph (f(i) by inserting the word "sex, marital

status" immediately after the words "religion, gender".

Amendmentof 4. Section 17 of the principal Act is amended by inserting the section17of Cap. 66.

G) wilfully communicates electronically, either directly or indirectly, with a person or any other person who knows the person knowing that their conduct is likely to —
(i) induce or compel the person to refrain from becoming a candidate or towithdraw if they have becomeacandidate;
(ii) induce or compel that other person not to vote for 0n.2 the person or the person's political party; or
(i) impede or prevent the person. from being h nominated as a candidate.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on 19h November,2024.

Endorsed for presentation to the National Assembly in accordance with the provisions of standing order161of theSenateStandingOrders

SpeakeroftheSenate

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