ADVOKS GLOBAL · KENYA
Election Offences Act
16. Unlawful expenditure.
Edition: 2022-12-31 · In force
16. Unlawful expenditure.
(1)A person who makes payment, contracts for payment or gives any other consideration of any kind for the purpose of promoting or procuring the election of a candidate at any election—(a)on account of the conveyance of voters to or from the poll, whether for the hiring of vehicles, vessels or animals of transport of any kind whatsoever, or for railway fares, or otherwise; or(b)to or with a voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address bill or notice,commits an offence.(2)A person who, upon the filing of an election petition in respect of an electoral area and prior to the conclusion of a by-election in respect of that electoral area where a court determines that a by-election is to be held—(a)knowingly register voters in the electoral area in which the by-election is to be held;(b)knowingly cause the registration of voters in the electoral area in which the by-election is to be held; or(c)transfer voters in substantial numbers to the electoral area in which a by-election is to be held,commits an offence.(3)A person who knowingly receives payment under the circumstances provided for under subsection (1) commits an offence.(4)A person who lets, lends or employs a vehicle, vessel, aircraft, or animal of transport knowing that it is intended to be used to convey voters to and from a poll commits an offence.(5)A person who hires, borrows or uses a vehicle, vessel, aircraft, or animal of transport knowing that it is intended to be used to convey voters to and from a poll commits an offence.(6)Nothing in subsection (4) or subsection (5) shall prevent an owner of a vehicle, vessel or animal of transport of any kind from letting, hiring or being employed or used by a voter or several voters at their joint cost for the purpose of conveying the voters to or from a poll.(7)Notwithstanding anything in this section—(a)where it is the ordinary business of a voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such voter if made in the ordinary course of business, shall not be deemed to be an offence within the meaning of this section; and(b)where voters are unable at an election to reach their polling stations from their place of residence without crossing the sea or a tributary thereof or a river, means may be provided for conveying the voters to their polling stations or to enable them to cross in order to reach their polling stations.(8)The means of conveyance referred to in subsection (7)(b) shall be made available equally to all voters who wish to be conveyed to vote.