File | NATION Voters line up to cast their votes. The commission shall have the power to impound or to order the impounding of any state resources used in an election campaign.
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted Sunday, December 4 2011 at 22:30
Posted Sunday, December 4 2011 at 22:30
The new election law has now come into effect, giving the electoral commission wide ranging powers to clamp down on vote rigging and corruption.
For example, the electoral agency will now have the power to order the arrest and prosecution of Cabinet ministers, their assistants and other government officials who use their official vehicles to campaign.
The Independent Electoral and Boundaries Commission will also have the authority to impound such vehicles.
Justice minister Mutula Kilonzo has given a final nod to the Elections Act which he told the Nation on Sunday took effect on Friday.
That means the two older laws which governed elections — the National Assembly and Presidential Elections Act and the Election Offences Act — are now repealed.
Acting IEBC chief executive James Oswago welcomed the Elections Act, saying it gave the commission “power to act much more effectively than before.”
For the first time, commissioners and other commission staff, will have the power to order the arrest of a person who breaks electoral laws.
The commission will also have the power to prosecute and even impose punishment on those who break the elections law.
In the past, election officials merely grumbled and looked on as ministers and other public officials used public resources to campaign.
“A member of the commission or any person designated by the commission shall have the power to impound or to order the impounding of any state resources that are used in an election campaign,” the new law notes.
Candidates, who are also public officers, or work in parastatals, will have to declare their wealth.
If they do not, they risk a Sh2 million maximum fine if discovered or six years in jail or both.
Public officials eyeing electoral seats — like Education permanent secretary James ole Kiyiapi — will have to resign at least seven months to the election date or stand disqualified.
Besides, if it is demonstrated that they used their offices to begin projects to improve their chances of getting elected, then their disqualification would not be far off.
For the first time, all a Kenyan will need to cast their vote will be the identity card or passport.
Those who register many times will have to watch out because the penalty for double registration is a Sh100,000 fine or a prison term of one year.
Once the IEBC concludes the delimitation of boundaries sometime in June next year and gets down to registering voters, the exercise will go on across all the 290 constituencies, with the deadline being 60 days to the poll date.
This means that if the elections are held in December 2012, the registration of voters should be concluded by mid-October.
Party-hoping at the eleventh hour by politicians who lose in the nominations will now be minimised, if not eliminated.
The law stipulates that nominees should be known to the IEBC 45 days before the election.
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