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which governed elections — the National Assembly and Presidential Elections Act and the Election Offences Act — are now repealed.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.
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