You could spend 10 years in jail, part with a fine of Sh10 million or both if convicted of hacking into the IEBC electoral database, this form part of the proposed amendments in the Elections Offenses Bill.
The new Bill is designed at taming impunity in Kenya’s electoral management and will for the first time give IEBC powers to impound any state resources unlawfully used in an election campaign. The Bill, a product of the 14-man select committee on electoral reforms, also gives all employees time to vote – with full pay even in the private sector.
The Election Offenses Bill, 2016, was tabled in the bicameral Parliament yesterday and would be debated alongside the Election Laws (Amendment) Bill, 2016. “A person who, in relation to the electoral process intercepts, by technical means and without authorisation, any non-public transmission of computer data to, from, or within a computer system...commits an offense and shall be liable, on conviction, to a fine not exceeding Sh10 million or to imprisonment for a term not exceeding 10 years or to both,” the Bill states.
In 2013, Cord alleged that the IEBC servers were hacked by Jubilee agents that led to the collapse of the result transmission system. In the Supreme Court, opposition chief Raila Odinga protested that Kencall, a call centre company, co-hosted both the IEBC’s server and that of President Uhuru Kenyatta’s TNA.
In March 2016, Kanu accused Jubilee of tampering with the Kericho Senatorial by-election and termed Senator Aaron Cheruiyot as “computer-generated”. In the new Bill, a copy of which the Star has obtained, public officers are barred from supporting any political party and could be jailed for up to three years for the offense. A candidate who uses national security organs such as the police to compel the electorate to support a particular candidate will also get six years behind bars.
“A candidate or any other person who uses a public officer, or the national security organs to induce or compel any person to support a particular candidate or political party commits an offense and is liable on conviction to a fine not exceeding Sh10 million or to imprisonment for a term not exceeding six years or to both,” the Bill states.
IEBC has been investigating Energy Cabinet Secretary Charles Keter for openly campaigning in the Kericho polls, despite being a public officer. However, details of the probe remain unknown – five months after the March 2, 2016 mini-poll. The new proposed law bans any advertisement on achievements by both the national and county governments during the election period.
Cord has been accusing Jubilee of dangling state resources to lure its supporters and allegedly paying off its leaders to defect. The law requires governors, their deputies, MPs as well as MCAs to inform IEBC of state facilities allocated to them courtesy of their offices. However, clearly missing in the list of leaders to submit their list of assets to IEBC is the President and Deputy President.
Every employer, the Bill states, shall on polling day allow employees a reasonable period for voting, and no employer shall make any deduction from the pay or any penalty by reason of his absence during such period.
“An employer who directly or indirectly refuses, or by intimidation, undue influence, or in any other manner interferes with the granting to any voter in his employ of a reasonable period for voting commits an offense and is liable on conviction to a fine not exceeding Sh1 million or to imprisonment for a term not exceeding six years or to both,” it states.
A person convicted of multiple registration as a voter shall serve a maximum of one year in jail or will be slapped with a fine not exceeding Sh1 million. But even after staying behind bars for 12 months, such an offender will not be allowed to vote in two subsequent elections.