Election Malpractices

1. Bribery and Vote Buying

This is the most common form of election malpractice. It involves offering money, goods, or services to voters in exchange for their vote or voter's card.

How to identify:

• Candidates or their agents giving cash to voters at campaign events
• Distribution of food, clothing, or household items with the intent to influence voting
• Promise of jobs, contracts, or services in exchange for votes
• Purchase of voter's cards from registered voters
• Transporting voters to polling stations with instructions on how to vote

What the law says:

Bribery is a corrupt practice under the Elections Act, punishable by a fine not exceeding KSh 1 million or imprisonment for up to 6 years, or both. The candidate may also be disqualified from holding public office for up to 10 years.

2. Voter Intimidation and Violence

Using threats, force, or violence to compel someone to vote or not vote for a particular candidate.

Forms of intimidation:

• Physical threats against voters or their families
• Destruction of property to punish or coerce
• Use of armed groups to create fear in certain areas
• Threatening loss of employment or government services
• Intimidation at polling stations to prevent voting

Penalty: Up to 6 years imprisonment and/or KSh 1 million fine.

3. Hate Speech and Incitement

Using language that incites violence, hatred, or discrimination against individuals or groups based on ethnicity, religion, clan, or political affiliation.

Examples:

• Using derogatory language against ethnic or religious groups
• Inciting supporters against opponents using tribal or sectarian rhetoric
• Spreading messages that promote violence against specific groups
• Using stereotypes to demean political opponents

Penalty: Prosecution under the National Cohesion and Integration Act and the Elections Act, with imprisonment of up to 3 years or fines up to KSh 1 million.

4. Character Assassination and Defamation

Spreading false, malicious, or misleading information about a candidate to damage their reputation and influence voter perception.

• Fabricating criminal records or scandals about opponents
• Using doctored photos or videos to misrepresent candidates
• Spreading rumors about candidates' health, family, or personal life
• Using social media to spread false narratives

5. Multiple Voting

Attempting to vote more than once in the same election.

• Registering in multiple constituencies
• Using fake or stolen identification documents
• Voting on behalf of deceased persons
• Removing indelible ink to vote again

Penalty: Up to 6 years imprisonment and/or KSh 1 million fine.

6. Ballot Stuffing and Tampering

• Illegally adding pre-marked ballot papers to the ballot box
• Removing ballot papers from polling stations
• Destroying, altering, or interfering with ballot papers
• Unauthorized access to ballot boxes after sealing
• Falsifying results at the polling station or tallying center

How to Report Election Malpractices

If you witness or experience any election malpractice, report it immediately through these channels:

Your Role as a Voter

As a responsible voter in Maara Constituency, you should:

• Vote freely without any form of coercion or inducement
• Report any attempts at bribery, intimidation, or other malpractices
• Verify your voter registration details well before the election
• Observe the voting process peacefully from outside the polling station
• Accept election results and use legal channels to dispute them if necessary
• Educate fellow voters about their rights and responsibilities
• Reject any attempt to divide our community along ethnic or sectarian lines

Tips for a Free and Fair Election

1. Carry your original National ID or Passport to the polling station
2. Know your polling station in advance
3. Vote early to avoid long queues
4. Do not display your marked ballot to anyone
5. Report any irregularities immediately to the presiding officer or IEBC officials
6. Remain peaceful before, during, and after the election
7. Respect the democratic rights of others to support different candidates