Election officers who commit electoral offences face sh1 million fine, three years imprisonment or both under the election offences Act enacted by Parliament.
The punitive laws are meant to ensure accountability among the staff of the commission in the conduct of today's general election.
The commission has warned that it will not shield officers who commit offences by tampering with the election from prosecution.
“We have training countrywide going on until August 4 and we’ve been reminding our officers that unlike 2013 when they could get away with anything, this time around, the law requires that they be held individually criminally liable for anything they do at the polling stations,” said commissioner Roselyne Akombe.
It will be an offence punishable by law for IEBC officers among them returning officers, presiding officers and polling clerks to make false entries into election declaration forms.
Election officers are also barred from permitting persons who know how to read and write be assisted as provided for in the law for illiterate voters.
No IEBC officer will willfully prevent any person from voting at the polling station at which
they know or have reasonable cause to believe such person is entitled to vote as this is punishable by law.
"A person who also who willfully 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," commits an offence.
An official who 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 commits an offence and is liable for a sh 1 million fine, three years imprisonment or both.
The law also bars POs or clerks from interfering with a voter in the casting of a vote in secret.
"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 the officer commits an offence," reads the Election offences Act in part.
"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 commits an offence," reads the Act.
Colluding with any political party or candidate for purposes of giving an undue advantage to the political party or candidate,on partisan, ethnic, religious, gender or any other unlawful considerations will also be punishable.
-The Star|JAMES MBAKA
