Election Laws: Offences by members and staff of the Electoral Commission of Kenya

Section 6 of the Election Offences Act
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—
(a) makes, in any record, return or other document which they are
required to keep or make 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;
(b) permits 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) permits any person whom they know or have reasonable cause to
believe not to be 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 prevents 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 rejects or refuses 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 counts 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) interferes with a voter in the casting of his vote in secret;
(h) where required under the Elections Act (No. 24 of 2011) or any other
law to declare the result of an election, fails to declare the results of
an election;
(i) except in the case of a member, officer or person authorised to do so,
purports to make a formal declaration or formal announcement of an
election result;
(j) without reasonable cause does or omits to do anything in breach of
his official duty;
(k) colludes with any political party or candidate for purposes of giving an
undue advantage to the political party or candidate;
(l) wilfully contravenes 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) fails to prevent or report to the Commission or any other relevant
authority, the commission of an electoral offence committed under this
Act,
commits an offence and is liable on conviction, to a fine not exceeding two million
shillings or to imprisonment for a term not exceeding five years or to both.


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