By Kelly Inyani
Election crimes and offences are increasingly becoming a common feature of all election processes according to studies that have been done. Elections are here with us once again, the question in everyone’s mind would be “How will the 2022 elections be different from the previous elections?”
Kenya has had a couple of elections since independence and while strides have been made in ensuring an effective and peaceful process, challenges have still been experienced. These challenges range from institutional ones to those created by the political players including the electorate.
In every election period, offences touching on the different players in the electoral process are usually recorded throughout the country. These offences range from institutional offences committed by the state institutions mandated to manage and oversee the electoral process led by the key player the IEBC, security organs among others. Electoral offences can also be committed by political parties within their internal structures or in respect to the other opposing camps.
Records at various law enforcement institutions have always witnessed a surge in crimes whenever an election draws closer. With stakes being higher for political parties and candidates to win the various seats that are available some of them usually employ unorthodox means to achieve this fete. These means are considered crimes as per our laws and are heavily sanctioned.
There are various laws in Kenya that address offences that are committed before, during and after an election. These laws include The Penal Code, Elections Offences Act, The Computer Misuse and Cybercrimes Act, 2018, The Kenya Information and Communication Act Cap 411A, National Cohesion and Integration Act, The Traffic Act among others.
Some of the offences that are captured in the Elections Offences Act include,
- Sec 4 – Multiple registration as a voter
- Sec 5 – Offences relating to voting
- Sec 8 – Personation
- Sec 9 – Bribery
- Sec 10 – Undue influence
- Sec 19 – Aiding and abetting offences
Other elections related offences captured in other laws mentioned that may occur during this period include murder, rape, defilement, maiming, assault, misuse of computers, cyber- crimes, drug-related offences, public disturbance, traffic offences, destruction of both public and private properties among others.
In every elections in Kenya, the notable offences that are usually committed include bribing of voters to vote for particular candidates, buying of voters cards, training and arming of militia (youths), use of hostile and aggressive language or behavior towards political opponents and their supporters, threats of violence towards supporters of opponents, propaganda, physical violence, disenfranchisement of both the opponents and their supporters, trafficking and consumption of illegal drugs and other banned substances, paying of rowdy youths to confront and disrupt opponents and their supporters, flouting of traffic rules among others. The major perpetrators of these crimes are usually the political aspirants, unemployed youths, supporters of politicians, political party officials and the general voters.
Various studies across the world and Kenya specifically have shown that the main causes of these crimes and offences include ethnic animosity, tribalism, poverty, unemployment, illiteracy, incitement from the political class, corruption, drugs and substance abuse among the youths among others.
Though the government of Kenya has over the years done its best to contain these vices, various challenges have been encountered in the process. These challenges have included but not limited to inadequate resources allocated to concerned institutions, rampant corruption, lack of integrity, illiteracy, ignorance, impunity among politicians, tribalism, hatred and animosity, inadequate cooperation, partisan interests among the concerned agencies.
Before you accept that bribe to vote or cause mayhem in an opponent’s congregation, incite your neighbor to attack another neighbor or publish alarming contents on social media about an individual or groups of individuals, be furnished with the contents of our various laws.
The youths should be very vigilant during this electioneering period and avoid being caught in this web of crimes and other electoral related offences. They should say NO to politicians who want to use them in committing offences that may land them in courts and later in our prisons to serve heavy sentences that include hefty fines and/or imprisonment.
Elections come and go, bonds last beyond generations.
Kelly Inyani is a Criminologist and a lecturer of criminology at the Department of Criminology, Kibabii University
