PART II CORRUPT AND ILLEGAL PRACTICES AND OTHER PROVISIONS RELATING TO AN ELECTION
Personation

4. Any person who at an election for the purpose of voting falsely represents himself to be some other person, whether that other person is living or dead or is a fictitious person, or applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or is a fictitious person, or having voted at such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation.

Treating

5. Any person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly, gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part the expenses of giving or providing any meat, drink, refreshment, entertainment or provision, or any money or ticket, or other means or device to enable the procuring of any meat, drink, refreshment, entertainment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at such election, or on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector or person who corruptly accepts or takes any such meat, drink, refreshment, entertainment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such meat, drink, refreshment, entertainment or provision shall be guilty of the offence of treating.

Undue influence

6. Any person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the vote of any person, or thereby compels, induces or prevails upon any person, either to give or refrain from giving his vote an any election, shall be guilty of the offence of undue influence.

Bribery

7. The following persons shall be deemed guilty of the offence of bribery-

(a) every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector or to or for any person, in order to induce any elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election;

(b) every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or to or for any person on behalf of any elector, or to or for any other person, in order to induce such elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election;

(c) every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement as in this section aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person, or the vote of any elector at any election;

(d) every person who upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, promises or endeavours to procure, the return of any person, or the vote of any elector at any election;

(e) every person who advances or pays or causes to be paid any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;

(f) every elector who, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election;

(g) every person who, after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced, any other person to vote or to refrain from voting at any election;

(h) every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate, or to any agent of such candidate, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;

(i) every person who, directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for such other person, or gives or lends, or agrees to give or lend, or offers, or promises

to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.

Punishment and incapacities for corrupt practice

8.-(1) Any person who-

(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation; or

(b) commits the offences of treating, undue influence or bribery; or

(c) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of such candidate; or

(d) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at such election,

shall be guilty of a corrupt practice, and shall be liable upon conviction, in the case referred to in paragraph (a) of this sub-section to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine, and, in any other case, to imprisonment not exceeding six months or to a fine not exceeding fifty pounds or to both such imprisonment and fine.

(2) Any person who is convicted of a corrupt practice shall become incapable for a period of seven years from the date of his conviction of being registered as an elector or, of voting at any election under the principal Law or any Law amending or replacing the same or any Law governing elections of members of the House of Representatives or the Communal Chambers for the time being in force.

(3) A prosecution for a corrupt practice shall not be instituted-

(a) after the expiration of one month-

(i) in the case of any offence committed after an election, from the date of the alleged offence;

(ii) in any other case, from the date of the publication of the result of the election in the Gazette;

(b) except for any corrupt practice as defined in paragraphs (c) and (d) of sub-section (1) of this section, without the sanction of the Attorney-General.

Employers to allow employees reasonable period of voting

9.-(1) Every employer shall, on the day of the poll, allow to every elector in his employment a reasonable period for voting, and no employer shall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period.

(2) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employment, of a reasonable period for voting, as in this section provided, shall be guilty of an illegal practice.

Other illegal practices

10. Any person who-

(a) wilfully obstructs or interferes with any elector while on his way to vore, or while in the polling station;

 

 

(a) wilfully obstructs or interferes with any elector while on his way to vore, or while in the polling station;

(b) in any way interrupts or impedes an election;

(c) votes or attempts to vote more than once at any election;

(d) in any manner infringes or attempts to infringe the secrecy of voting at an election;

(e) being a candidate or person acting in an official capacity in connection with an election, makes in any record, return or other document any entry which he knows or has reasonable cause to believe to be false or does not believe to be true;

(f) being a person acting in an official capacity in connection with an election, in any way actively associates himself with any candidate;

(g) being a Returning Officer, wilfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate or wilfully counts any ballot paper as being cast for any candidate which he knows or has reasonable cause to believe was not cast for such candidate;

(h) being a candidate or person acting in an official capacity in connection with an election, wilfully neglects or refuses to perform any duty relating to such election imposed upon him by the provisions of the principal Law or this Law,

shall be guilty of an illegal practice.

Punishment for conviction for illegal practice

11.-(1) Any person who commits an illegal practice shall, upon conviction, be liable to imprisonment not exceeding six months or to a fine not exceeding fifty pounds or to both such imprisonment and fine.

(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney-General.

(3) Any person convicted of any illegal practice shall upon conviction become incapable for a period of seven years from his conviction of being registered as an elector or of voting at any election under the principal Law or any Law amending or replacing the same, or any Law governing elections of members of the House of Representatives or the Communal Chambers for the time being in force.