Section 5 of the Election Offences Act
Offences relating to voting
A person who—
(a) forges, counterfeits, defaces or destroys any ballot paper or the official
perforation, stamp or mark on any ballot paper;
(b) without authority supplies any ballot paper to any person;
(c) sells or offers for sale any ballot paper to any person;
(d) purchases or offers to purchase any ballot paper from any person;
(e) not being a person entitled to be in possession of any ballot paper
which has been marked with any official perforation, stamp or mark
has any such ballot paper in his possession;
(f) puts into any ballot box anything other than the ballot paper which he
is authorised by law to put in;
(g) without authority takes out of a polling station any ballot paper or is
found in possession of any ballot paper outside a polling station;
(h) not being an election official and not being authorised, removes
election material from a polling station before, during or after an
election;
(i) without authority destroys, takes, opens, disposes of or otherwise
interferes with any election material in use or intended to be used for
the purposes of an election;
(j) without authority prints any ballot paper or what purports to be or is
capable of being used as a ballot paper at an election;
(k) for the purposes of an election, manufactures, constructs,
imports, has in his possession, supplies or uses, or causes to
be manufactured, constructed, imported, supplied or used, any
appliance, device or mechanism by which a ballot paper may be
extracted, affected or manipulated after having been deposited in a
ballot box during the polling at any election;
(l) not being authorised to do so under this Act, makes any mark on any
ballot paper issued to any person other than to himself;
(m) votes at any election when they are not entitled to vote;
(n) votes more than once in any election;
(o) interferes with a voter in the casting of his vote in secret;
(p) pretends to be unable to read or write so as to be assisted in voting; or
(q) pretends to be visually impaired or suffering from any other disability
so as to be assisted in voting,
commits an offence and is liable on conviction, to a fine not exceeding one million
shillings or to imprisonment for a term not exceeding six years or to both.
Election Laws: Offences relating to voting in Kenya
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