Why we should make rigging an election treasonable

Kenya Elections. [File Courtesy]

Our electoral system has devolved into a grotesque theatre of impunity, especially in the recent electoral cycles, which should worry every Kenyan.

The November 2025 by-elections, as flagged by the Elections Observation Group (ELOG), were riddled with voter bribery, intimidation, ballot secrecy breaches, and disinformation campaigns — hallmarks of a broken process that mocks the general will of the people of Kenya.

The Independent Electoral and Boundaries Commission (IEBC), despite its technical competence, presided over this chaos, while the Kenya National Commission on Human Rights (KNCHR) accused security agencies of human rights violations, including failures to curb violence.

Opposition leaders decried the IEBC as a puppet of the state, vowing to challenge results in Mbeere North and Malava. These echoes the sham of past elections in Kenya.

This is a systemic assault on democracy, costing taxpayers billions in reruns while perpetrators walk free. There are murmurs already that unresolved constitutional issues could nullify the 2027 elections entirely. Yet, after nullifications, like the 2017 presidential debacle, no heads roll. This grievous injustice perpetuates a cycle of fraud, eroding trust and inviting chaos.

The notion that rigged votes are simply losses to candidates is a dangerous delusion. They are nothing short of usurpation of sovereign power, stripping Kenyans of their fundamental right to self-determination under Article 1 of the Constitution.

In a nation where elections are the lifeblood of legitimacy, malpractices like form tampering, cyber interference, or organised bribery aren’t petty crimes—they are existential threats akin to treason. The Penal Code already punishes treason with death or life imprisonment; why exempt electoral saboteurs?

The 2022 use of Smartmatic technology, now under global scrutiny for vulnerabilities, underscores how foreign tools can facilitate domestic betrayal. Ignoring this invites authoritarian creep, where elites hijack power. In the process, democracy is stifled and the ordinary man on the street feels helpless.

Current practices are a farce. The Election Offences Act imposes paltry fines or short jail terms, rarely enforced due to political interference. Despite Supreme Court condemnations of irregularities and illegalities, IEBC still turned a blind eye to boastful calls to rig the 2027 elections from a section of politicians, urging citizens to ignore claims of malpractices, which reeks of denial, not reform.

This impunity breeds cynicism — why vote when the system is already rigged? As 2027 looms, with IEBC reconstitution ongoing and opposition petitions seeking to decentralise tallying, we teeter on the brink.

However, it is time for a radical overhaul. First, reclassify severe electoral malpractices under national security laws. Frame them as subversion under the Penal Code or National Security Council Act, mobilising agencies like the National Intelligence Service (NIS) and Directorate of Criminal Investigations (DCI) for robust probes. Cyber rigging or violence, as in the 2025 by-elections, threatens stability more than external foes.

Second, make nullification a trigger for accountability. A court declaration should automatically launch security-led investigations into implicated returning officers, polling streams, and staff. No more slaps on the wrist — impose lifetime bans, heavy fines, or imprisonment. Tie this to causation by auditing Forms 34A/B, prosecute the culpable, and claw back rerun costs from offenders.

Third, elevate organised rigging to capital offenses. When fraud disenfranchises millions, it is collective treason —punishable by life terms, given Kenya’s execution moratorium. This affirms sovereignty’s sanctity, echoing the 2017 Supreme Court ruling that elections are processes, not events.

These reforms demand urgent legislative action, such as amending the Elections Act via Parliament or a citizen-led referendum before 2027. Without this, Kenya risks another 2007 apocalypse. Let us treat electoral thieves as the traitors they are and build a sovereign democracy that endures.