The Kenyan Parliament has passed the Election Offences (Amendment) (No. 2) Bill, 2024, introducing tougher penalties for electoral malpractice, particularly targeting IEBC officials. This bill aims to bolster the integrity of the electoral process by expanding the scope of offenses and increasing fines and jail terms.

• Penalties for IEBC officials delaying results include up to a five-year jail term or a Ksh5 million fine, or both.
• The bill specifically targets IEBC officials who unreasonably delay declaring election results, knowingly alter declared results, or tamper with election materials.
• It also criminalizes the publishing of false statements about candidates, interference with free political campaigning, and misuse of technology to influence voters.

The Independent Electoral and Boundaries Commission (IEBC) has upheld its decision to hold by-elections on November 27, refuting claims by ODM Secretary General Edwin Sifuna that the date violates the Constitution.

• The IEBC cited Article 259 of the Constitution, allowing flexibility for exceptional circumstances, as the vacancies occurred long before the current Commission was formed.
• Nairobi Senator Edwin Sifuna argued the date exceeded the 90-day constitutional requirement for issuing writs, noting November 27 was over 100 days from some vacancy dates.
• Vacancies include the Baringo Senate seat (February 16, 2025) and several Constituencies like Banissa (March 28, 2023), Magarini (March 3, 2023), and Ugunja (August 8, 2024).
• The IEBC also considered logistical issues, stating that conducting elections during school terms would disrupt learning, as many polling stations are in schools.

The Independent Electoral and Boundaries Commission (IEBC) has justified its decision to hold by-elections on November 27, citing the impossibility of meeting the 90-day constitutional deadline due to delays in fully constituting the commission.

• IEBC stated that the 90-day constitutional window for holding by-elections could not begin until its new members were sworn in on July 11, 2024.
• The electoral body emphasized that its new leadership requires adequate time to prepare for the polls, ensuring compliance with electoral laws and procedures.
• The upcoming by-elections will cover twenty-four vacant parliamentary and county assembly seats, with IEBC assuring stakeholders that electoral integrity will not be compromised.