ADVOKS GLOBAL · KENYA
Election Offences Act
5. Offences relating to voting.
Edition: 2022-12-31 · In force
5. 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.
Case law referring to this provision