Elections Act
This Act may be cited as the Elections Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 7
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Elections Act. Defines "a political party or an independent candidate" for the purposes of an election under this Act. A person whose name and biometric data are entered in a register for a particular polling station and who produces the identification document used at registration is eligible to vote in that polling station; persons prohibited by any written law remain disqualified. Questions about whether a person is qualified to be registered as a voter must be determined in accordance with this Part. A person who has applied to be registered but whose name is not in the register may submit a claim to the registration officer in the prescribed form, manner and time; the registration officer must determine such a claim in the prescribed manner, subject to the Constitution.
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Provisions of Elections Act
Showing 103 of 103
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title.
This Act may be cited as the Elections Act.
Section 1. Short title. Section This Act may be cited as the Elections Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation.
Defines "a political party or an independent candidate" for the purposes of an election under this Act.
Section 2. Interpretation. Section a political party or an independent candidate for the purposes of an election under this Act; or
Part II
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION
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REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 10. Eligibility to vote.
A person whose name and biometric data are entered in a register for a particular polling station and who produces the identification document used at registration is eligible to vote in that polling station; persons prohibited by any written law remain disqualified.
Section 10. Eligibility to vote. Section 10(1) A person whose name and biometric data are entered in a register of voters in a particular polling station, and who produces an identification document shall be eligible to vote in that polling station. Section 10(2) The identification document produced in subsection (1) shall be the identification document used at the time of registration as a voter. Section 10(3) Nothing in this section shall entitle a person who is prohibited from voting by any written law to vote or relieve that person from any penalties to which the person may be liable for voting. [Act No. 36 of 2016 , s. 7.] - 11 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 11. Determination of questions as to registration.
Questions about whether a person is qualified to be registered as a voter must be determined in accordance with this Part.
Section 11. Determination of questions as to registration. Section Any question whether a person is qualified to be registered as a voter shall be determined in accordance with this Part. - 12 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 12. Claims.
A person who has applied to be registered but whose name is not in the register may submit a claim to the registration officer in the prescribed form, manner and time; the registration officer must determine such a claim in the prescribed manner, subject to the Constitution.
Section 12. Claims. Section 12(1) A person who has duly applied to be registered and whose name is not included in the register of voters may submit a claim for the name to be included in the register to the registration officer in the prescribed form and manner and within the prescribed time. Section 12(2) Subject to the Constitution, a claim under subsection (1) shall be determined by the registration officer in the prescribed manner, and an appeal shall lie in the prescribed manner, to the Principal Magistrate's Court on matters of fact and law and to the High Court on matters of law. - 3 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 3. Right to vote.
Adult citizens are required to exercise the right to vote; citizens may only exercise that right if registered in the Register of Voters.
Section 3. Right to vote. Section 3(1) An adult citizen shall exercise the right to vote specified in Article 38(3) of the Constitution in accordance with this Act. Section 3(2) A citizen shall exercise the right to vote if the citizen is registered in the Register of Voters. [Act No. 36 of 2016 , s. 26.] - 4 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 4. Register of Voters
The Commission must compile and maintain the Register of Voters for the registers listed in subsection (1).
Section 4. Register of Voters Section 4(1)(a) a poll register in respect of every polling station; Section 4(1)(b) a ward register in respect of every ward; Section 4(1)(c) a constituency register in respect of every constituency; Section 4(1)(d) a county register in respect of every county; and Section 4(1)(e) a register of voters residing outside Kenya. Section 4(2) The Commission shall compile and maintain the Register of Voters referred to in subsection (1). Section 4(3) The Register of Voters shall contain such information as shall be prescribed by the Commission. [Act No. 36 of 2016 , s. 26.] - 5 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 5. Registration of voters.
Sets when and how voters are to be registered: eligible citizens aged 18+ must be registered on application; registration officers must enter applicants in the appropriate register and send registration information to the Commission; voters may not transfer their vote to an affected electoral area where an election petition leads to a by‑election between petition filing and that by‑election.
Section 5. Registration of voters. Section 5(1)(a) in the case of a general election or an election under Article 138(5) of the Constitution, between the date of commencement of the sixty day period immediately before the election and the date of such election; Section 5(1)(b) in the case of a by-election, between the date of the declaration of the vacancy of the seat concerned and the date of such by-election; or Section 5(1)(ba) in the case of a referendum between the date of the publication and the date of the referendum. Section 5(1)(c) deleted by ActNo. 1 of 2017, s. 3. Section 5(2) Notwithstanding subsection (1), where an election petition is filed in respect of an electoral area, between the date of the filing of the petition and the date of the by-election, where a court determines that a by-election is to be held, a voter shall not be allowed to transfer his or her vote to the affected electoral area. Section 5(3) Any citizen of Kenya who has attained the age of eighteen years as evidenced by either a national identity card or a Kenyan passport and whose name is not in the register of voters shall be registered as a voter upon application, in the prescribed manner, to the Commission. Section 5(3A) Deleted byNo. 36 of 2016, s. 3. Section 5(3B) Deleted byNo. 36 of 2016, s. 3. . Section 5(4) All applicants for registration under this section shall be registered in the appropriate register by the registration officer or any other officer authorised by the Commission. Section 5(5) The registration officer or any other authorised officer referred to in subsection (3) shall, at such times as the Commission may direct, transmit the information relating to the registration of the voter to the Commission for inclusion in the Register of voters. [Act No. 31 of 2012 , s. 2, Act No. 48 of 2012 , s. 2, Act No. 36 of 2016 , s. 3, Act No. 36 of 2016 , s. 26., Act No. 1 of 2017 , s. 3] - 6 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 6. Inspection of register of voters.
The Commission must open the Register of Voters for public inspection to allow rectification of particulars, must open it within 90 days of notice for a general election for at least 30 days (or a period it considers necessary), and must keep the Register at its headquarters with constituency copies at constituency offices.
Section 6. Inspection of register of voters. Section 6(1) The Commission shall cause the Register of Voters to be opened for inspection by members of the public at all times for the purpose of rectifying the particulars therein, except for such period of time as the Commission may consider appropriate. Section 6(2) The Commission shall, within ninety days from the date of the notice for a general election, open the Register of Voters for inspection for a period of at least thirty days or such period as the Commission may consider necessary. Section 6(3) Deleted by ActNo. 36 of 2016, s. 4. Section 6(4) The Register of Voters shall be kept at the headquarters of the Commission and copies of the part of the Register of Voters relating to the constituency for which the registration officer is responsible shall be kept at all the constituency offices of the Commission. [Act No. 12 of 2012 , Sch, Act No. 47 of 2012 , Sch., Act No. 36 of 2016 , s. 4 & 26, Act No. 1 of 2017 , s. 4.] - 6A Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 6A. Verification of biometric data.
The Commission must open the Register of Voters for biometric-data verification at polling stations, not later than sixty days before a general election, for thirty days; and after that period the Commission must revise the Register to reflect changes found during verification.
Section 6A. Verification of biometric data. Section 6A(1) The Commission shall, not later than sixty days before the date of a general election, open the Register of Voters for verification of biometric data by members of the public at their respective polling stations for a period of thirty days. Section 6A(2) The Commission shall, upon the expiry of the period for verification under subsection (1), revise the Register of Voters to take into account any changes in particulars arising out of the verification process. Section 6A(3)(a) a notice in the Gazette to the effect that the revision under subsection (2) has been completed; and Section 6A(3)(b) the Register of Voters online and in such other manner as may be prescribed by regulations. - 7 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 7. Transfer of registration.
A voter must notify the Commission if they wish to transfer their registration to another electoral area at least ninety days before an election; the Commission must transfer the registration particulars to the preferred constituency register not later than sixty days before the election.
Section 7. Transfer of registration. Section 7(1) Where a voter wishes to transfer the voter's registration to an electoral area other than the one the voter is registered in, the voter shall notify the Commission, in the prescribed manner, of the intention to transfer the registration to the preferred electoral area not less than ninety days preceding an election. Section 7(2) Upon receipt of the notification referred to in subsection (1), the Commission shall transfer the voter's registration particulars to the register of the preferred constituency not later than sixty days preceding the election. - 8 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 8. Updating of the Register of Voters
The Commission must maintain an updated Register of Voters.
Section 8. Updating of the Register of Voters Section 8(1) The Commission shall maintain an updated Register of Voters. Section 8(2)(a) regularly revise the Register of Voters; Section 8(2)(b) update the Register of Voters by deleting the names of deceased voters and rectifying the particulars therein; Section 8(2)(c) conduct a fresh voter registration, if necessary, at intervals of not less than eight years, and not more than twelve years, immediately after the Commission reviews the names and boundaries of the constituencies in accordance with Article 89(2) of the Constitution; Section 8(2)(d) review the number, names and boundaries of wards whenever a review of the names and boundaries of counties necessitates a review; and Section 8(2)(e) revise the Register of Voters whenever county boundaries are altered in accordance with Article 94(3) of the Constitution. - 8A Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 8A. Audit of the register of voters
Requires the national population register data holder to provide information to the Commission for an audit; requires an engaged firm to complete the audit and report within 30 days; requires the Commission to submit the audit report to Parliament within 14 days; requires the Commission to implement audit recommendations and report within 30 days.
Section 8A. Audit of the register of voters Section 8A(1)(a) verifying the accuracy of the Register; Section 8A(1)(b) recommending mechanisms of enhancing the accuracy of the Register; and Section 8A(1)(c) updating the register. Section 8A(2) The Kenya Citizens and Foreign Nationals Management Service established by section 3 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171) shall make available to the Commission the information held by it in the national population register for the purpose of the conduct of an audit under subsection (1). Section 8A(3)(a) verifying the accuracy of the Register; Section 8A(3)(b) recommending mechanisms of enhancing the accuracy of the Register; and Section 8A(3)(c) updating the register. Section 8A(4) The firm engaged under subsection (3) shall conduct the audit and report to the Commission within a period of thirty days from the date of engagement. Section 8A(5) The Commission shall, within fourteen days of receipt of the report under subsection (4), submit the report to the National Assembly and the Senate. Section 8A(6) The Commission shall implement the recommendations of the audit report within a period of thirty days of receipt of the report and submit its report to the National Assembly and the Senate. [Act No. 36 of 2016 , s. 6.] - 9 Verify source ↗
REGISTRATION OF VOTERS AND DETERMINATION OF QUESTIONS CONCERNING REGISTRATION - 9. Postponement of disqualification to enable appeal.
If a person who would otherwise be disqualified from voter registration is entitled to appeal, they are not treated as disqualified until 30 days after the decision or for a longer period the Commission may allow to enable an appeal.
Section 9. Postponement of disqualification to enable appeal. Section Where a person has been adjudged or declared to be of unsound mind, adjudged bankrupt or convicted of an election offence and is thereby disqualified from being registered as a voter, then, if that person is entitled to appeal against the decision, that person shall not be disqualified from being so registered until the expiration of thirty days after the date of the decision or such further period as the Commission may, at the request of the person, direct in order to enable the person to appeal against the decision.
Part III
ELECTIONS
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ELECTIONS - 13. Nomination of candidates by a political party.
Political parties must nominate candidates by specific deadlines, follow their constitution and rules, may substitute candidates in limited circumstances, must resolve intra-party nomination disputes within 30 days, and the Commission can set nomination days at least 55 days before other elections.
Section 13. Nomination of candidates by a political party. Section 13(1) A political party shall nominate its candidates for an election under this Act at least ninety days before a general election under this Act in accordance with its constitution and nomination rules. Section 13(2) A political party shall not change the candidate nominated after the nomination of that person has been received by the Commission: Provided that in the event of the death, resignation or incapacity of the nominated candidate or of the violation of the electoral code of conduct by the nominated candidate, the political party may, after notifying the candidate that the party seeks to substitute, where applicable substitute its candidate before the date of presentation of nomination papers to the Commission. Section 13(2A) A political party shall hear and determine all intra party disputes arising from political party nominations within thirty days. Section 13(3) Notwithstanding subsection (1), in the case of any other election, the Commission shall by notice in the prescribed form, specify the day or days upon which political parties shall nominate candidates to contest in a presidential, parliamentary or county election in accordance with its constitution or rules, which shall be at least fifty-five days before such election. [Act No. 12 of 2012 , Sch., Act No. 36 of 2016 , s. 8., Act No. 1 of 2017 , s. 6] - 14 Verify source ↗
ELECTIONS - 14. Initiation of Presidential election.
Specifies when a Presidential election is initiated: for a general election at least sixty days before the election date; for an election under Article 138(5) at least twenty-one days before the election date; in any other case, when the office of President becomes vacant; and identifies nomination day and poll day(s) for the presidential election, with the poll at least twenty-one days after nomination.
Section 14. Initiation of Presidential election. Section 14(1)(a) in the case of a general election, at least sixty days before the date of the election; or Section 14(1)(b) in the case of an election under Article 138(5) of the Constitution, at least twenty-one days before the date of the election; Section 14(1)(c) in any other case, upon the office of the President becoming vacant. Section 14(2)(a) the nomination day for the presidential election; and Section 14(2)(b) the day or days on which the poll shall be taken for the presidential election, which shall not be less than twenty-one days after the day specified for nomination. - 15 Verify source ↗
ELECTIONS - 15. Change of deputy president nominee candidate.
A presidential candidate or political party must not change a nominated deputy presidential candidate after the nomination has been received by the Commission, but a political party may substitute its candidate in cases of death, resignation, incapacity or breach of the electoral code before nomination papers are presented to the Commission.
Section 15. Change of deputy president nominee candidate. Section 15(1) A presidential candidate or a political party shall not at any time change the person nominated as a deputy presidential candidate after the nomination of that person has been received by the Commission: Provided that in the event of death, resignation or incapacity of the nominated candidate or of the violation of the electoral code of conduct by the nominated candidate, the political party may substitute its candidate before the date of presentation of nomination papers to the Commission. Section 15(2) Subsection (1) shall apply in the case of a fresh election under Article 138 (5) of the Constitution. - 16 Verify source ↗
ELECTIONS - 16. Initiation of election of member of Parliament.
The respective Speaker must issue a notice when a parliamentary vacancy occurs; the Commission must transmit that notice to the relevant returning officer within twenty-one days of receipt.
Section 16. Initiation of election of member of Parliament. Section 16(1)(a) in the case of a general election, at least sixty days before the date of the general election; or Section 16(1)(b) in any other case, upon the office of a member of Parliament becoming vacant and on receipt of a notice issued by the respective Speaker under subsection (2). Section 16(2)(a) the day upon which political parties shall submit a party list in accordance with Article 90 of the Constitution; Section 16(2)(b) the day for the nomination of candidates for the parliamentary election; and Section 16(2)(c) the day or days on which the poll shall be taken for the election, which shall not be less than twenty-one days after the day specified for nomination under paragraph (b). Section 16(3) Whenever a vacancy occurs in the National Assembly or the Senate, the respective Speaker shall issue a notice in accordance with Article 101 of the Constitution. Section 16(3A) For purposes of subsection (3), a vacancy in the office of a Member of Parliament shall be deemed to occur on the date of issuance of a notice to the Commission which shall not be later than twenty-one days from the date of the actual occurrence of the vacancy. Section 16(4) The Commission shall within twenty-one days of receipt of the notice issued under subsection (2), transmit the notice to the relevant returning officer. [Act No. 1 of 2017 , s. 7.] - 17 Verify source ↗
ELECTIONS - 17. Initiation of county governor election.
When initiating a county governor election: for a general election it must be initiated at least sixty days before the general election date; in other cases it is initiated when the county governor's office becomes vacant; nomination day and polling day(s) are specified, with polling at least twenty-one days after nomination.
Section 17. Initiation of county governor election. Section 17(1)(a) in the case of a general election, at least sixty days before the date of the general election; or Section 17(1)(b) in any other case, upon the office of the county governor becoming vacant. Section 17(2)(a) the day for the nomination of candidates for the county governor election; and Section 17(2)(b) the day or days on which the poll shall be taken for the county governor election, which shall not be less than twenty-one days after the day specified for nomination. - 18 Verify source ↗
ELECTIONS - 18. Change of deputy county governor nominee candidate.
Change of deputy county governor nominee candidate.
Section 18. Change of deputy county governor nominee candidate. - 19 Verify source ↗
ELECTIONS - 19. Initiation of County assembly elections.
Specifies timing and notice requirements for initiating county assembly elections, including deadlines for submission of party lists, nomination and polling schedule, and obligations for the speaker and the Commission when vacancies occur.
Section 19. Initiation of County assembly elections. Section 19(1)(a) in the case of a general election, at least sixty days before the date of general election; or Section 19(1)(b) in any other case, upon the office of a member of a county assembly becoming vacant. Section 19(2)(a) the day upon which political parties shall submit a party list in accordance with Article 90 of the Constitution; Section 19(2)(b) the day for the nomination of candidates for county elections; and Section 19(2)(c) the day or days on which the poll shall be taken for the county election, which shall not be less than twenty-one days after the day specified for the nomination under paragraph (b). Section 19(3) Whenever a vacancy occurs in a county assembly, the speaker of the county assembly shall within twenty-one days after the occurrence of the vacancy issue a notice to the Commission in the prescribed form. Section 19(4) The Commission shall within twenty-one days of receipt of the notice issued under subsection (3), transmit the notice to the relevant returning officer. - 20 Verify source ↗
ELECTIONS - 20. Notification in electronic media.
The Commission may publicise the notices under sections 14, 16, 17 and 19 in the electronic and print media of national circulation.
Section 20. Notification in electronic media. Section The Commission may in addition publicise the notices under sections 14 , 16 , 17 and 19 in the electronic and print media of national circulation. - 21 Verify source ↗
ELECTIONS - 21. Election of county assembly speaker.
Each county assembly must elect a speaker (from qualified non-members) and a deputy speaker (from among its members); the First Schedule governs post-first-election procedures; listed circumstances create a vacancy in the office.
Section 21. Election of county assembly speaker. Section 21(1) The speaker of a county assembly shall be elected by each county assembly in accordance with the Standing Orders of the county assembly, from among persons who are qualified to be elected as members of a county assembly but are not such members. Section 21(2) For the purpose of the election of the speaker of the county assembly after the first election under the Constitution, the procedure set out in the First Schedule shall apply. Section 21(3) The deputy speaker of a county assembly shall be elected from among persons who are members of that county assembly. Section 21(4) The First Schedule shall, with necessary modifications, apply to the election of the deputy speaker after the first election under the Constitution. Section 21(5)(a) when a new county assembly first meets after an election; Section 21(5)(b) if the office holder vacates office; Section 21(5)(c) if the county assembly resolves to remove the office holder by a resolution supported by the votes of at least two-thirds of its members; Section 21(5)(d) if the office holder resigns from office in a letter addressed to the county assembly; Section 21(5)(e) where the office holder violates the Constitution; Section 21(5)(f) in the case of gross misconduct on the part of the office holder; Section 21(5)(g) where the office holder is incapable, owing to physical or mental infirmity, to perform the functions of the office; Section 21(5)(h) where the office holder is bankrupt; Section 21(5)(i) where the office holder is sentenced to a term of imprisonment of six months or more; or Section 21(5)(j) if the officer holder dies. - 22 Verify source ↗
ELECTIONS - 22. Qualifications for nomination of candidates.
Sets the qualifications for nomination of candidates, including degree requirements for certain offices and transitional application to elections after 2017.
Section 22. Qualifications for nomination of candidates. Section 22(1)(a) is qualified to be elected to that office under the Constitution and this Act; and Section 22(1)(b) in the case of a Member of Parliament, a degree from a university recognized in Kenya; or Section 22(1)(b)(i) in the case of a Member of Parliament, a degree from a university recognized in Kenya; or Section 22(1)(b)(ii) in the case of member of a county assembly, a degree from a university recognized in Kenya. Section 22(1A) Notwithstanding subsection (1), this section shall come into force and shall apply to qualifications for candidates in the general elections to be held after the 2017 general elections. Section 22(1B) The provisions of this section apply to qualifications to nomination for a party list member under section 34 . Section 22(2) Notwithstanding subsection (1)(b), a person may be nominated as a candidate for election as President, Deputy President, county Governor or deputy county Governor only if the person is a holder of a degree from a university recognised in Kenya. Section 22(2A) For the purposes of the first elections under the Constitution, section 22 (1)(b) and section 24 (1)(b), save for the position of the President, the Deputy President, the Governor and the Deputy Governor, shall not apply for the elections of the offices of Parliament and county assembly representatives. [Act No. 12 of 2012 , Sch., Act No. 48 of 2012 , s. 3., Act No. 1 of 2017 , s. 8.] - 23 Verify source ↗
ELECTIONS - 23. Qualifications and disqualifications for nomination as President.
Lists the qualifications and disqualifications for nomination as President, including birth citizenship, eligibility for Parliament, party or independent nomination, nomination by at least 2,000 voters in a majority of counties, allegiance to a foreign state, holding public office, and certain office-holders (President, Deputy President, members of Parliament).
Section 23. Qualifications and disqualifications for nomination as President. Section 23(1)(a) is a citizen by birth; Section 23(1)(b) is qualified to stand for election as a member of Parliament; Section 23(1)(c) is nominated by a political party, or is an independent candidate; and Section 23(1)(d) is nominated by not fewer than two thousand voters from each of a majority of the counties. Section 23(2)(a) owes allegiance to a foreign state; or Section 23(2)(b) is a public officer, or is acting in any State or other public office. Section 23(3)(a) the President; Section 23(3)(b) the Deputy President; or Section 23(3)(c) a member of Parliament. - 24 Verify source ↗
ELECTIONS - 24. Qualifications and disqualifications for nomination as member of Parliament.
Sets qualifications and disqualifications for nomination as member of Parliament, including voter registration, prescribed requirements, numeric supporter thresholds for National Assembly and Senate, multiple disqualification categories (e.g. public officers, recent commissioners, non-citizens, county assembly members, unsound mind, undischarged bankrupt, certain sentences, misuse of office), and a rule that a person is not disqualified under subsection (2) unless all appeals or reviews are exhausted.
Section 24. Qualifications and disqualifications for nomination as member of Parliament. Section 24(1)(a) is registered as a voter; Section 24(1)(b) satisfies any educational, moral and ethical requirements prescribed by the Constitution and this Act; and Section 24(1)(c) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or Section 24(1)(c)(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or Section 24(1)(c)(ii) in the case of election to the Senate, by at least two thousand registered voters in the county. Section 24(2)(a) is a State officer or other public officer, other than a member of Parliament; Section 24(2)(b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Commission; Section 24(2)(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; Section 24(2)(d) is a member of a county assembly; Section 24(2)(e) is of unsound mind; Section 24(2)(f) is an undischarged bankrupt; Section 24(2)(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or Section 24(2)(h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six of the Constitution. Section 24(3) A person is not disqualified under subsection (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted. - 25 Verify source ↗
ELECTIONS - 25. Qualifications for nomination as member of county assembly.
Sets out who qualifies and who is disqualified for nomination as a member of the county assembly, including voter registration, prescribed educational/moral requirements, nomination methods (party or independent supported by at least five hundred registered voters), and a list of disqualifying statuses (e.g. State or public officer, recent Commission member, insufficient citizenship tenure, unsound mind, undischarged bankrupt, serving at least six months imprisonment, or found to have misused office or contravened Chapter Six); also states a person is not disqualified under subsection (2) unless all appeals or reviews are exhausted.
Section 25. Qualifications for nomination as member of county assembly. Section 25(1)(a) is registered as a voter; Section 25(1)(b) satisfies any educational, moral and ethical requirements prescribed the Constitution and this Act; and Section 25(1)(c) nominated by a political party; or Section 25(1)(c)(i) nominated by a political party; or Section 25(1)(c)(ii) an independent candidate supported by at least five hundred registered voters in the ward concerned. Section 25(2)(a) is a State officer or other public officer, other than a member of the county assembly; Section 25(2)(b) has, at any time within the five years immediately before the date of election, held office as a member of the Commission; Section 25(2)(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; Section 25(2)(d) is of unsound mind; Section 25(2)(e) is an undischarged bankrupt; Section 25(2)(f) is serving a sentence of imprisonment of at least six months; or Section 25(2)(g) has been found, in accordance with any law, to have misused or abused a State office or public office or to have contravened Chapter Six of the Constitution. Section 25(3) A person is not disqualified under subsection (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted. - 26 Verify source ↗
ELECTIONS - 26. Additional disqualification.
A person who participates in any fundraising or harambee within eight months before a general election or during an election period shall be disqualified from contesting in that election, except for fundraising for a person contesting or for a political party.
Section 26. Additional disqualification. Section 26(1) A person who directly or indirectly participates in any manner in any or public fundraising or harambee within eight months preceding a general election or during an election period, in any other case, shall be disqualified from contesting in the election held during that election year or election period. Section 26(2) Subsection (1) shall not apply to a fundraising for a person who is contesting an election under this Act or to a fundraising for a political party. - 27 Verify source ↗
ELECTIONS - 27. Submission of party nomination rules.
Political parties must submit their nomination rules to the Commission six months before nominations; the Registrar must certify them; amendments become effective 90 days after submission; the Commission may issue certificates of compliance or require amendments within 14 days and may issue Regulations by Gazette notice.
Section 27. Submission of party nomination rules. Section 27(1) A political party shall submit its nomination rules to the Commission at least six months before the nomination of its candidates. Section 27(1A) The Registrar of Political Parties shall certify the nomination rules submitted under subsection (1). Section 27(2) An amendment to the nomination rules shall only be effective ninety days after submission of the amendments to the Commission. Section 27(2A)(a) issue the political party with a certificate of compliance; or Section 27(2A)(b) require the political party to amend the rules to ensure such compliance within fourteen days. Section 27(2B) For purposes of subsection (2A), the Commission shall, by notice in the Gazette , issue Regulations prescribing guidelines to be complied with and the process by which political parties nominate candidates for nomination in accordance with Article 88(4)(d) of the Constitution failing which the rules shall become void. [Act No. 12 of 2012 , Sch., Act No. 48 of 2012 , s. 4, Act No. 1 of 2017 , s. 9, Act No. 2 of 2022 , s. 31.] - 28 Verify source ↗
ELECTIONS - 28. Submission of party membership lists.
The Commission must publicize membership lists as received from political parties.
Section 28. Submission of party membership lists. Section 28(1)(a) in the case of a general election, at least one hundred and twenty days before the date of the election; and Section 28(1)(b) in the case of a by-election, forty-five days before the date of the by-election. Section 28(2) The Commission shall publicize the membership lists as received from political parties. [Act No. 12 of 2012 , Sch., Act No. 47 of 2012 , Sch., Act No. 36 of 2016 , s. 9, Act No. 1 of 2017 , s. 10.] - 28A Verify source ↗
ELECTIONS - 28A. Certification of party membership lists.
A political party that nominates a candidate must submit its party membership list to the Registrar of Political Parties for certification at least fourteen days before submitting it to the Commission; the Registrar must verify and, if names are members, certify the list within seven days of receiving the application.
Section 28A. Certification of party membership lists. Section 28A(1) A political party that nominates a person for an election under this Act shall, at least fourteen days before submitting the party membership list to the Commission under section 28 (1), submit the party membership list to the Registrar of Political Parties for certification. Section 28A(2) The Registrar shall verify the names contained in the party membership list submitted by a political party under subsection (1) and, where the names are of members of that political party, certify the membership list within seven days after receiving the application under subsection (1). [Act No. 2 of 2022 , s. 31] - 29 Verify source ↗
ELECTIONS - 29.[Deleted by ActNo. 34 of 2017, s. 5.]
Section 29 has been deleted.
Section 29.[Deleted by ActNo. 34 of 2017, s. 5.] - 30 Verify source ↗
ELECTIONS - 30. Appointment of agents.
Permits political parties, candidates (including independent candidates), and registered referendum committees to appoint agents at polling stations; where a party does not nominate an agent, a party-nominated candidate may appoint an agent of their choice.
Section 30. Appointment of agents. Section 30(1) A political party may appoint one agent for its candidates at each polling station. Section 30(2) Where a political party does not nominate an agent under subsection (1), a candidate nominated by a political party may appoint an agent of the candidate's choice. Section 30(3) An independent candidate may appoint his own agent. Section 30(3A) A registered referendum committee may appoint one agent at each polling station. [Act No. 12 of 2012 , Sch., Act No. 1 of 2017 , s. 11.] - 31 Verify source ↗
ELECTIONS - 31. Nomination of political party candidates.
Rules for nomination of political party candidates: parties must select and submit candidate names within specified timeframes, notify and deposit authorised signatories with the Commission, and the Commission must conduct, supervise and publish party primary details; Parliament must appropriate funds.
Section 31. Nomination of political party candidates. Section 31(1)(a) is selected in the manner provided for in the constitution or rules of the political party concerned relating to members of that party who wish to contest presidential, parliamentary and county elections; and Section 31(1)(b) subject to subsection (4), the party certifies the nomination to the Commission. Section 31(2) The Commission shall, upon the request of a political party, conduct and supervise the nomination of candidates by the political party for presidential, parliamentary or county elections in accordance with Article 88 of the Constitution. Section 31(2A) Every political party shall submit the names of the party candidates who have been selected to participate in the general elections under this Act at least sixty days before the elections. Section 31(2B) A political party shall, at least twenty-one days before the nomination day, submit to the Commission the names of the persons contesting in its party primary and the date of its party primary. Section 31(2C) The Commission shall publish, in the Gazette the names of the persons contesting in a party primary under subsection (1) and the date of the party primary within seven days of receipt of the names of party candidates. Section 31(2D) A candidate for a presidential, parliamentary or county election shall be selected by persons who are members of the respective political parties and whose names appear on the party membership list as submitted to the Commission under section 28 . Section 31(2E)(a) on the same day; Section 31(2E)(b) in the same polling centres; and Section 31(2E)(c) in different polling streams for each participating political party. Section 31(2F) Parliament shall appropriate monies for the effective implementation of this section. Section 31(3) Every political party shall notify the Commission of the name of the person authorised by the party to certify to the Commission that a person has or persons have been selected by the party under subsection (1) and the person or persons so named shall deposit his or their specimen signature with the Commission in such manner as the Commission may require. Section 31(4) The authorised person or persons referred to in subsection (4) shall, in writing, certify that a candidate has been nominated by the party. [Act No. 36 of 2016 , s. 10, Act No. 1 of 2017 , s. 12.] - 32 Verify source ↗
ELECTIONS - 32. Approval of symbol for independent candidate.
Independent candidates must submit their election symbol to the Commission (normally at least twenty-one days before nomination day; if filling a Governor vacancy, at least seven days before nomination), and the Commission must approve or reject the symbol.
Section 32. Approval of symbol for independent candidate. Section 32(1) An independent candidate shall submit the symbol the candidate intends to use during an election to the Commission at least twenty-one days before nomination day. Section 32(1A) Where there is a vacancy in the office of the Governor, an independent candidate shall submit to the Commission, the symbol that the person intends to use during an election at least seven days before nomination. Section 32(2) The Commission shall, upon receipt of the symbol submitted to it under this section approve or reject the symbol. Section 32(3)(a) is obscene or offensive; Section 32(3)(b) is the symbol of another candidate or of a political party; or Section 32(3)(c) so nearly resembles the symbol of another candidate or political party or any other legal entity registered under any other written law. - 33 Verify source ↗
ELECTIONS - 33. Nomination of independent candidates.
The Commission must publish in the Gazette the names of persons intending to contest as independent candidates at least fourteen days before the nomination day.
Section 33. Nomination of independent candidates. Section 33(1)(a) has not been a member of any political party for at least three months preceding the date of the election; Section 33(1)(b) has submitted to the Commission, at least sixty days before a general election, a duly filled nomination paper in such form as may be prescribed by the Commission; Section 33(1)(c) has, at least ninety days before the date of a general election or at least twenty one days before the date appointed by the Commission as the nomination day for a by–election, submitted to the Commission the name and symbol that the person intends to use during the election; and Section 33(1)(d) is selected in the manner provided for in the Constitution and by this Act. Section 33(2) The Commission shall publish in the Gazette , the names of persons intending to contest in the election as independent candidates at least fourteen days before the nomination day. [Act No. 36 of 2016 , s. 11. Act No. 1 of 2017 , s. 14.] - 34 Verify source ↗
ELECTIONS - 34. Nomination of party lists members.
Political parties that nominate certain candidates must submit ordered party lists to the Commission; the Commission may certify compliance, require amendment or issue guidelines.
Section 34. Nomination of party lists members. Section 34(1) The election of members for the National Assembly, Senate and county assemblies for party list seats specified under Articles 97(1)(c) and 98(1)(b)(c) and (d) and Article 177(1)(b) and (c) of the Constitution shall be on the basis of proportional representation and in accordance with Article 90 of the Constitution. Section 34(2) A political party which nominates a candidate for election under Article 97(1)(a) and (b) shall submit to the Commission a party list in accordance with Article 97(1)(c) of the Constitution. Section 34(3) A political party which nominates a candidate for election under Article 98(1)(a) shall submit to the Commission a party list in accordance with Article 98(1)(b) and (c) of the Constitution. Section 34(4) A political party which nominates a candidate for election under Article 177 (1) (a) shall submit to the Commission a party list in accordance with Article 177(1)(b) and (c) of the Constitution. Section 34(4A) In the case of a person nominated pursuant to Article 177(1)(c) of the Constitution, the party list shall include a certification in the manner prescribed by the Commission. Section 34(5) The party lists under subsection (2), (3) and (4) shall be submitted in order of priority. Section 34(6) The party lists submitted to the Commission under this section shall be in accordance with the constitution or nomination rules of the political party concerned. Section 34(6A)(a) issue the political party with a certificate of compliance; or Section 34(6A)(b) require the political party to amend the party list to ensure such compliance failing which the Commission shall reject the list. Section 34(6B) For purposes of subsection (6A), the Commission may, by notice in the Gazette , issue regulations prescribing guidelines to be complied with in preparation of party lists. Section 34(7) The party lists submitted to the Commission shall be valid for the term of Parliament. Section 34(8) A person who is nominated by a political party under subsection (2), (3) and (4) shall be a person who is a member of the political party on the date of submission of the party list by the political party. Section 34(9) The party list shall not contain a name of a candidate nominated for an election.* Section 34(10) A party list submitted for purposes of subsection (2), (3), (4) and (5) shall not be amended during the term of Parliament or the county assembly, as the case may be, for which the candidates are elected. *Subsection 9 was declared unconstitutional by Commission for the Implementation of the Constitution v Attorney General & another: Civil Appeal No 351 of 2012: Azangalala, Kiage & J. Mohammed, JJA [ L.N. 142/2011 , r. 2, Act No. 32 of 2012 , s. 2, Act No. 1 of 2017 , s. 15.] - 35 Verify source ↗
ELECTIONS - 35. Submission of party lists.
A political party must submit its party list to the Commission at least forty-five days before the date of the general election.
Section 35. Submission of party lists. Section A political party shall submit its party list to the Commission at least forty-five days before the date of the general election. [Act No. 36 of 2016 , s. 12.] - 35A Verify source ↗
ELECTIONS - 35A. Certification of party lists.
Political parties must submit party lists to the Registrar for certification at least fourteen days before submitting them to the Commission; the Registrar must verify membership and certify within seven days of the application.
Section 35A. Certification of party lists. Section 35A(1) A political party intending to submit a party list to the Commission shall, at least fourteen days before the submission of the party list to the Commission under section 35 , submit the party list to the Registrar for certification. Section 35A(2) The Registrar shall verity that the names appearing in the party list belong to registered members of the political party and certify the party list within seven days after the application under subsection (1). Section 35A(3) Any dispute arising out of the certification of a party list under this section shall be referred to the Political Parties Dispute Tribunal for determination. [Act No. 2 of 2022 , s. 31] - 36 Verify source ↗
ELECTIONS - 36. Allocation of special seats.
Section 36 sets out how special seats are allocated: parties must submit gender-alternating lists and prioritise certain candidates on some lists; the Electoral Commission must, within thirty days of results being declared, designate party representatives from qualifying lists by proportional representation and draw specified numbers from lists to satisfy gender and group requirements.
Section 36. Allocation of special seats. Section 36(1)(a) Article 97(1)(c) of the Constitution shall include twelve candidates; Section 36(1)(b) Article 98(1)(b) of the Constitution shall include sixteen candidates; Section 36(1)(c) Article 98(1)(c) of the Constitution shall include two candidates; Section 36(1)(d) Article 98(1)(d) of the Constitution shall include two candidates; Section 36(1)(e) Article 177(1)(b) of the Constitution shall include a list of the number of candidates reflecting the number of wards in the county; Section 36(1)(f) Article 177(1)(c) of the Constitution shall include eight candidates, at least two of whom shall be persons with disability, two of whom shall be the youth and two of whom shall be persons representing a marginalized group. Section 36(2) A party list submitted under subsection (1)(a), (c), (d), (e) and (f) shall contain alternates between male and female candidates in the priority in which they are listed. Section 36(3) The party list referred to under subsection (1)(f) shall prioritise a person with disability, the youth and any other candidate representing a marginalized group. Section 36(4) Within thirty days after the declaration of the election results, the Commission shall designate, from each qualifying list, the party representatives on the basis of proportional representation. Section 36(5) The allocation of seats by the Commission under Article 97(1)(c) of the Constitution will be proportional to the number of seats won by the party under Article 97(1)(a) and (b) of the Constitution. Section 36(6) The allocation of seats by the Commission under Article 98(1)(b), (c) and (d) of the Constitution shall be proportional to the number of seats won by the party under Article 98(1)(a) of the Constitution. Section 36(7) For purposes of Article 177(1)(b) of the Constitution, the Commission shall draw from the list under subsection (1)(e), such number of special seat members in the order given by the party, necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender. Section 36(8) For purposes of Article 177(1)(c) of the Constitution, the Commission shall draw from the list under subsection (1)(f) four special seat members in the order given by the party. Section 36(9) The allocation of seats by the Commission under Article 177(1)(b) and (c) of the Constitution shall be proportional to the number of seats won by the party under Article 177(1)(a) of the Constitution. [Act No. 12 of 2012 , Sch.] - 37 Verify source ↗
ELECTIONS - 37. Re-allocation of special seat.
If a party list representative dies, withdraws, changes parties, resigns or is expelled during the term, the seat is allocated to the next candidate of the same gender on that party's list; if there are no more candidates the Commission must require the party to nominate another candidate within twenty-one days; vacancies will not be filled in the three months immediately before a general election; if the party fails to nominate the Commission will not allocate the seat for the remainder of the term.
Section 37. Re-allocation of special seat. Section 37(1) If a representative from a political party list dies, withdraws from the party list, changes parties, resigns or is expelled from his or her party during the term of the representative, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list. Section 37(2) Notwithstanding the provision of section 34 (10), if there are no more candidates on the same party's list, the Commission shall require the concerned political party to nominate another candidate within twenty-one days. Section 37(3) A vacancy in any seat in a political party list shall not be filled three months immediately before a general election. Section 37(4) Where a political party fails to comply with the provisions of subsection (2) the Commission shall not allocate the seat for the remainder of the term of Parliament or the county assembly. - 38 Verify source ↗
ELECTIONS - 38. Holding of elections.
After a notice of an election is published in the Gazette under sections 14, 16, 17 and 19, every returning officer must proceed to hold the election according to the notice and the regulations relating to elections.
Section 38. Holding of elections. Section After a notice of an election has been published in the Gazette under sections 14 , 16 , 17 and 19 , every returning officer shall proceed to hold the election according to the terms of the notice and in accordance with the regulations relating to elections. [Act No. 47 of 2012 , Sch.] - 38A Verify source ↗
ELECTIONS - 38A. Number of voters per polling station.
A polling station must not have more than seven hundred voters.
Section 38A. Number of voters per polling station. Section For the purposes of providing efficient and effective conduct of elections, the number of voters per polling station shall not exceed seven hundred. [Act No. 36 of 2016 , s. 13, Act No. 1 of 2017 , s. 16.] - 39 Verify source ↗
ELECTIONS - 39. Determination and declaration of results.
The Commission must determine, declare and publish election results immediately after close of polling; it must appoint county returning officers, verify transmitted results, establish live-streaming for public information (streams not determinative), and the Chairperson may and has the role to declare the President under Article 138(10).
Section 39. Determination and declaration of results. Section 39(1) The Commission shall determine, declare and publish the results of an election immediately after close of polling. Section 39(1A)(a) tallying, announcement and declaration, in the prescribed form, of the final results from each polling station in a constituency for the election of a member of the National Assembly and members of the county assembly; Section 39(1A)(b) collating and announcing the results from each polling station in the constituency for the election of the President, county Governor, Senator and county women representative to the National Assembly; and Section 39(1A)(c) submitting, in the prescribed form, the collated results for the election of the President to the national tallying centre and the collated results for the election of the county Governor, Senator and county women representative to the National Assembly to the respective county returning officer. Section 39(1B) The Commission shall appoint county returning officers to be responsible for tallying, announcement and declaration, in the prescribed form, of final results from constituencies in the county for purposes of the election of the county Governor, Senator and county women representative to the National Assembly. Section 39(1C)(a) electronically transmit and physically deliver the tabulated results of an election for the President from a polling station to the constituency tallying centre and to the national tallying centre; Section 39(1C)(b) tally and verify the results received at the constituency tallying centre and the national tallying centre; and Section 39(1C)(c) publish the polling result forms on an online public portal maintained by the Commission. Section 39(1D) The Commission shall verify that the results transmitted under this section are an accurate record of the results tallied, verified and declared at the respective polling stations. Section 39(1E) Where there is a discrepancy between the electronically transmitted and the physically delivered results, the Commission shall verify the results and the result which is an accurate record of the results tallied, verified and declared at the respective polling station shall prevail. Section 39(1F) Any failure to transmit or publish the election results in an electronic format shall not invalidate the result as announced and declared by the respective presiding and returning officers at the polling station and constituency tallying centre, respectively. Section 39(1G) The Commission shall, to facilitate public information, establish a mechanism for the live-streaming of results as announced at polling stations, and the results so streamed shall be for purposes of public information only and shall not be the basis for a declaration by the Commission. Section 39(1H) The Chairperson of the Commission shall declare the results of the election of the President in accordance with Article 138(10) of the Constitution. Section 39(2) The Chairperson may declare a candidate elected as the President before all the constituencies have transmitted their results if the Commission is satisfied the results that have not been received will not affect the result of the election. Section 39(3) The Commission shall announce the final results in the order in which the tallying of the results is completed. [Act No. 36 of 2016 , s. 14, Act No. 34 of 2017 , s. 6.] - 40 Verify source ↗
ELECTIONS - 40. Voter education.
The Commission must establish mechanisms for continuous voter education and prepare a voter education curriculum while performing its duties under Article 88(4)(g) of the Constitution.
Section 40. Voter education. Section 40(1) The Commission shall, in performing its duties under Article 88(4)(g) of the constitution establish mechanisms for the provision of continuous voter education and cause to be prepared a voter education curriculum. Section 40(2) The mechanisms under subsection (1) shall include provision for partnership with other agencies and non-state actors in the provision of voter education. [Act No. 36 of 2016 , s. 15] - 41 Verify source ↗
ELECTIONS - 41. Access to and obligation of media
Political parties participating in an election are entitled to access state-owned media during the campaign period; the Commission must monitor equitable air-time after consultations, media must remain impartial and subscribe to the journalism Code, and the Commission may issue directives or prohibit transmission by non-compliant media.
Section 41. Access to and obligation of media Section 41(1) Subject to subsection (2), a political party participating in an election shall have access to the state owned media services during the campaign period. Section 41(2) The Commission shall, after consultations with the independent candidates, the political parties concerned and the officers responsible for the state owned media services, monitor the equitable allocation of air-time during the campaign period. Section 41(3) Every state owned print or electronic media which publishes any information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate. Section 41(4) The Code of Conduct for the practice of journalism prescribed under the Media Council Act (Cap. 411B) shall be subscribed to and observed by every media house and every person who reports on any election and referendum under the Constitution and this Act. Section 41(5) For the purpose of giving effect to this section, the Commission may, in writing, issue directives to the media. Section 41(6) The Commission may prohibit a media house that contravenes the Code of Conduct prescribed under the Media Council Act (Cap. 411B) from transmitting information related to an election under this Act. [Act No. 12 of 2012 , Sch.] - 42 Verify source ↗
ELECTIONS - 42. Accreditation of observers, agents, reporters, etc.
Section 42 — Accreditation of observers, agents, reporters, and media representatives.
Section 42. Accreditation of observers, agents, reporters, etc. Section a person as an observer, agent or media representative; or - 43 Verify source ↗
ELECTIONS - 43. Participation in elections by public officers.
Public officers intending to run for election must resign: general elections — at least six months before election day; by-elections — within seven days of the declaration of vacancy.
Section 43. Participation in elections by public officers. Section 43(1) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(2) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(3) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(4) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(5) A public officer who intends to contest an election under this Act shall resign from public office at least six months before the date of election. Section 43(5A) A public officer who intends to contest in a by-election under this Act shall resign from public office within seven days of the declaration of a vacancy. Section 43(6)(a) the President; Section 43(6)(b) deleted by ActNo. 36 of 2016, s. 16 ; Section 43(6)(c) the Deputy President; Section 43(6)(d) a member of Parliament; Section 43(6)(e) a county governor; Section 43(6)(f) a deputy county governor; Section 43(6)(g) a member of a county assembly. - 44 Verify source ↗
ELECTIONS - 44. Use of technology.
The Commission must develop policy and implement technology for an integrated electronic electoral system, ensure the technology is simple, accurate, verifiable, secure, accountable and transparent, procure required technology at least 120 days before a general election and test and deploy it at least 60 days before a general election.
Section 44. Use of technology. Section 44(1) Subject to this section, there is established an integrated electronic electoral system that enables biometric voter registration, electronic voter identification and electronic transmission of results. Section 44(2) The Commission shall, for purposes of subsection(1), develop a policy on the progressive use of technology in the electoral process. Section 44(3) The Commission shall ensure that the technology in use under subsection (1) is simple, accurate, verifiable, secure, accountable and transparent. Section 44(4)(a) procure and put in place the technology necessary for the conduct of a general election at least one hundred and twenty days before such elections; and Section 44(4)(b) test, verify and deploy such technology at least sixty days before a general election. Section 44(5) The Commission shall, in consultation with the relevant agencies, institutions and stakeholders, make regulations for the better carrying into effect the provisions of this section. Section 44(6) Deleted by Act No. 34 of 2017 , s. 7. Section 44(7) Deleted by Act No. 34 of 2017 , s. 7. Section 44(8) Deleted by Act No. 34 of 2017 , s. 7. [Act No. 36 of 2016 , s. 17, Act No. 1 of 2017 , s. 18., Act No. 34 of 2017 , s. 7.] - 44A Verify source ↗
ELECTIONS - 44A. Complementary mechanism for identification of voters.
The Commission must put in place a complementary mechanism for identifying voters that is simple, accurate, verifiable, secure, accountable and transparent to ensure compliance with Article 38 of the Constitution.
Section 44A. Complementary mechanism for identification of voters. Section Notwithstanding the provisions of section 44 , the Commission shall put in place a complementary mechanism for identification of voters that is simple, accurate, verifiable, secure, accountable and transparent to ensure that the Commission complies with the provisions of Article 38 of the Constitution. [Act No. 1 of 2017 , s. 19, Act No. 34 of 2017 , s. 8.]
Part IV
RECALL OF MEMBER OF PARLIAMENT
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RECALL OF MEMBER OF PARLIAMENT - 45. Right of recall.
The electorate in a county or constituency may recall their Member of Parliament before the end of the term on specified grounds, but only after a High Court finding and within specified time windows.
Section 45. Right of recall. Section 45(1) The electorate in a county or constituency may recall their member of Parliament before the end of the term of the relevant House of Parliament on any of the grounds specified in subsection (2). Section 45(2)(a) is found, after due process of the law, to have violated the provisions of Chapter Six of the Constitution; Section 45(2)(b) is found, after due process of the law, to have mismanaged public resources; Section 45(2)(c) is convicted of an offence under this Act. Section 45(3) A recall of a member of Parliament under subsection (1) shall only be initiated upon a judgement or finding by the High Court confirming the grounds specified in subsection (2). Section 45(4) A recall under subsection (1) shall only be initiated twenty-four months after the election of the member of Parliament and not later than twelve months immediately preceding the next general election. Section 45(5) A recall petition shall not be filed against a member of Parliament more than once during the term of that member in Parliament. Section 45(6) A person who unsuccessfully contested an election under this Act shall not be eligible, directly or indirectly, to initiate a petition under this section. - 46 Verify source ↗
RECALL OF MEMBER OF PARLIAMENT - 46. Petition for recall.
Rules for petitioning to recall a Member of Parliament, including required support lists, filing and verification deadlines, notice issuance and timing of recall election.
Section 46. Petition for recall. Section 46(1)(a) in writing; Section 46(1)(b) is a voter in the constituency or county in respect of which the recall is sought; and Section 46(1)(b)(i) is a voter in the constituency or county in respect of which the recall is sought; and Section 46(1)(b)(ii) was registered to vote in the election in respect of which the recall is sought; Section 46(1)(c) accompanied by an order of the High Court issued in terms of section 45 (3). Section 46(2)(a) specify the grounds for the recall as specified under section 45 (2); Section 46(2)(b) contain a list of such number of names of voters in the constituency or county which shall represent at least thirty percent of the registered voters; and Section 46(2)(c) be accompanied by the fee prescribed for an election petition. Section 46(3) The list of names referred to in subsection (2)(b) shall contain the names, address, voter card number, national identity card or passport number and signature or thumb prints of the voters supporting the petition and shall contain names of at least fifteen percent of the voters in more than half of the wards in the county or the constituency, as appropriate. Section 46(4) The voters supporting a petition under subsection (3) shall represent the diversity of the people in the county or the constituency as the case may be. Section 46(5) The petitioner shall collect and submit to the Commission the list of names under subsection (2)(b) within a period of thirty days after filing the petition. Section 46(6) The Commission shall verify the list of names within a period of thirty days of receipt of that list. Section 46(7) The Commission, if satisfied that the requirements of this section are met, shall within fifteen days after the verification, issue a notice of the recall to the Speaker of the relevant House. Section 46(8) The Commission shall conduct a recall election within the relevant constituency or county within ninety days of the publication of the question. [Act No. 1 of 2017 , s. 20.] - 47 Verify source ↗
RECALL OF MEMBER OF PARLIAMENT - 47. Recall elections.
Section 47 sets rules for recall elections: the Commission must frame the recall question (requiring a yes/no answer), assign symbols for answers, and conduct a by-election if the recall removes a Member; voting is by secret ballot; a recalled Member may stand in the resulting by-election; the result is decided by a simple majority.
Section 47. Recall elections. Section 47(1) Where a member of Parliament is to be recalled under section 45 , the Commission shall frame the question to be determined at the recall election. Section 47(2) A question referred to in subsection (1) shall be framed in such a manner as to require the answer "yes" or the answer "no". Section 47(3) The Commission shall assign a symbol for each answer to the recall question. Section 47(4) The voting at a recall election shall be by secret ballot. Section 47(5) A recall election shall be decided by a simple majority of the voters voting in the recall election. Section 47(6) Where a recall election results in the removal of a member of Parliament, the Commission shall conduct a by-election in the affected constituency or county. Section 47(7) A member of Parliament who has been recalled may run in the by-election conducted under subsection (6). - 48 Verify source ↗
RECALL OF MEMBER OF PARLIAMENT - 48. Validity of recall election.
A recall election is valid if at least fifty percent of the total registered voters in the affected county or constituency concur.
Section 48. Validity of recall election. Section A recall election shall be valid if the number of voters who concur in the recall election is at least fifty percent of the total number of registered voters in the affected county or constituency.
Part V
REFERENDUM
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REFERENDUM - 49. Initiation of a referendum.
When a referendum is necessary the President must refer the issue to the Commission by notice; the Commission must frame the question(s), consult the Speaker and lay the question before the House for approval; the National Assembly may approve question(s); the Commission must publish approved question(s) in the Gazette and national media and must conduct the referendum within ninety days of publication; the Commission may assign symbols for answers but any such symbol must not resemble that of a political party or an independent candidate.
Section 49. Initiation of a referendum. Section 49(1) Whenever it is necessary to hold a referendum on any issue, the President shall by notice refer the issue to the Commission for the purposes of conducting a referendum. Section 49(2) Where an issue to be decided in a referendum has been referred to the Commission under subsection (1), the Commission shall frame the question or questions to be determined during the referendum. Section 49(3) The Commission shall, in consultation with the Speaker of the relevant House, lay the question referred to in subsection (2) before the House for approval by resolution. Section 49(4) The National Assembly may approve one or more questions for a referendum. Section 49(5) The Commission shall publish the question approved under subsection (4) in the Gazette and in the electronic and print media of national circulation. Section 49(6) The Commission shall conduct the referendum within ninety days of publication of the question. Section 49(7) The Commission may assign such symbol for each answer to the referendum question or questions as it may consider necessary. Section 49(8) A symbol assigned under subsection (7) shall not resemble that of a political party or of an independent candidate. - 50 Verify source ↗
REFERENDUM - 50. Notice of holding referendum.
The Commission must, within fourteen days after publication of the question referred to in section 49, publish a notice of the holding of the referendum and its details in the Gazette and in electronic and print media of national circulation.
Section 50. Notice of holding referendum. Section 50(1) The Commission shall, within fourteen days after publication of the question referred to in section 49 publish a notice of the holding of the referendum and the details thereof in the Gazette , in the electronic and print media of national circulation. Section 50(2)(a) the referendum question or questions and the option of the answer or answers; Section 50(2)(b) the symbols assigned for the answer or answers to the referendum question or questions; Section 50(2)(c) the day on which the referendum is to be held which shall not be less than twenty one days after the date of the publication of the notice; Section 50(2)(d) the polling time of the referendum; Section 50(2)(e) the day by which the referendum committees shall have registered with the Commission; and Section 50(2)(f) the day and time by which campaign in support of or in opposition to the referendum question shall start and cease. - 51 Verify source ↗
REFERENDUM - 51. Referendum Committees.
Persons intending to campaign for or against a referendum question must form national and constituency referendum committees; committees must register with the Commission and provide information showing adequate representation; national committees control constituency committees; members must abide by the Electoral Code of Conduct.
Section 51. Referendum Committees. Section 51(1) Where a referendum question requires a "yes" or "no" answer, persons intending to campaign for or against the referendum question shall form such national referendum committees and constituency referendum committees as are necessary. Section 51(2) Where there is more than one referendum question, persons intending to campaign for or against each referendum question shall, on application to the Commission, form one national referendum committee each and one committee each in every constituency for each referendum question. Section 51(3) A referendum committee shall apply to the Commission for registration in the prescribed form. Section 51(4) An application under subsection (3) shall be accompanied by information showing that the applicant adequately represents persons campaigning for or against the referendum question. Section 51(5) The national referendum committees shall control and regulate the constituency referendum committees. Section 51(6) A member of a referendum committee shall subscribe to and abide by the Electoral Code of Conduct set out in the Second Schedule. [ L.N 19/2012 , r. 2.] - 52 Verify source ↗
REFERENDUM - 52. Costs of referendum committee.
Each referendum committee must pay its own costs during the referendum campaign period; those costs include payment of the committees' agents.
Section 52. Costs of referendum committee. Section 52(1) Each referendum committee shall bear its own costs during the campaign period of the referendum. Section 52(2) The costs referred to in subsection (1) include payment of the agents of the respective referendum committees. - 53 Verify source ↗
REFERENDUM - 53. Procedure for conduct of referendum.
The procedure for conducting an election applies, with necessary modifications, to the conduct of a referendum.
Section 53. Procedure for conduct of referendum. Section The procedure for the conduct of an election shall apply with necessary modifications to the conduct of referendum. - 54 Verify source ↗
REFERENDUM - 54. Voting threshold.
A referendum question (other than those in Articles 255–257 of the Constitution) is decided by a simple majority of citizens voting in the referendum.
Section 54. Voting threshold. Section A referendum question on an issue other than that contemplated in Articles 255, 256 and 257 of the Constitution shall be decided by a simple majority of the citizens voting in the referendum. [Act No. 1 of 2017 , s. 22.] - 55 Verify source ↗
REFERENDUM - 55. General power of the Commission.
The Commission may take administrative measures to ensure the referendum is effectively conducted.
Section 55. General power of the Commission. Section Nothing in this Act shall preclude the Commission from taking any administrative measures to ensure effective conduct of the referendum. - 55A Verify source ↗
REFERENDUM - 55A. Maintenance of secrecy at elections.
Persons authorized to participate in ballot handling must take a prescribed oath of secrecy, must maintain ballot secrecy, must not communicate voter identity or voting information before the close of the poll except as authorized by law, and a presiding officer may, on request, disclose total numbers who have voted before the poll closes.
Section 55A. Maintenance of secrecy at elections. Section 55A(1) Every elections officer, candidate or agent authorized to take part in any proceedings relating to the issue or receipt of ballot papers or to attend at a polling station or at the counting of the votes shall, before so attending, make an oath of secrecy prescribed in the Third Schedule. Section 55A(2)(a) maintain and aid in maintaining the secrecy of the ballot; and Section 55A(2)(b) not communicate, except for a purpose authorized by law before the poll is closed, any information as to the name or number on the register of voters, of any voter who has or has not applied for a ballot paper or voted at that station or as to the official mark. Section 55A(3) A presiding officer may, upon request, divulge to a candidate or to the agent of a candidate the total number of voters who have voted in the station at any time before the poll is closed. [Act No. 36 of 2016 , s. 18.] - 55B Verify source ↗
REFERENDUM - 55B. Postponement of elections by the Commission.
Section 55B allows the Commission to postpone elections on specified grounds and to direct that a return be made in certain cases.
Section 55B. Postponement of elections by the Commission. Section 55B(1)(a) there is reason to believe that a serious breach of peace is likely to occur if the election is held on that date; Section 55B(1)(b) it is impossible to conduct the elections as a result of a natural disaster or other emergencies, Section 55B(1)(c) that there has been occurrence of an electoral malpractice of such a nature and gravity as to make it impossible for an election to proceed. Section 55B(2) Where an election is postponed under subsection (1), the election shall be held at the earliest practicable time. Section 55B(3) Notwithstanding the provisions of this section, the Commission may, if satisfied that the result of the elections will not be affected by voting in the area in respect of which substituted dates have been appointed, direct that a return of the elections be made. [Act No. 36 of 2016 , s. 18]
Part VII
ELECTION DISPUTES RESOLUTION
- 100 Verify source ↗
ELECTION DISPUTES RESOLUTION - 100. Prohibition of disclosure of vote.
A voter who voted at a referendum has the right not to be required, in proceedings to question the referendum, to state how they voted.
Section 100. Prohibition of disclosure of vote. Section A voter who has voted at a referendum shall not, in proceedings to question the referendum be required to state how he voted. - 101 Verify source ↗
ELECTION DISPUTES RESOLUTION - 101. Examination of votes.
The High Court may order a scrutiny of votes during the hearing of a referendum petition, on its own motion or on an application by a petitioner.
Section 101. Examination of votes. Section 101(1) The High Court on its own motion or on an application by a petitioner may, during the hearing of a referendum petition, order for a scrutiny of votes to be carried out in such manner as the High Court may determine. Section 101(2) The provisions of section 82 shall apply with respect to scrutiny of votes under this section. - 102 Verify source ↗
ELECTION DISPUTES RESOLUTION - 102. Powers of Court.
Section 102 sets out powers of the High Court in referendum petitions (dismiss, declare result incorrect, declare void, uphold) and requires the Registrar to send decisions and certificates to the Commission, which must declare and publish results; the Commission's declaration is final and not challengeable; if the High Court declares a referendum void the Commission must conduct a fresh referendum.
Section 102. Powers of Court. Section 102(1)(a) dismiss the petition; Section 102(1)(b) declare the published result to be incorrect; Section 102(1)(c) declare the referendum to be void; or Section 102(1)(d) uphold the petition in whole or in part. Section 102(2) Without limiting the generality of this section, the High Court may exercise its powers to declare a referendum void on the ground that this Act or the regulations made under this Act were contravened during the referendum, and such contravention has seriously affected the result of the referendum. Section 102(3) The Registrar of the High Court shall deliver to the Commission a certified copy of any decision made by the High Court under subsection (1). Section 102(4) The Registrar of the High Court shall, at the conclusion of the proceedings in respect of a referendum petition, submit to the Commission a certificate under the Registrar's hand, stating that the hearing of the referendum petition has been concluded, and the Commission shall, upon receipt of such certificate, declare and publish the result of the referendum in accordance with the findings of the High Court. Section 102(5) A declaration made by the Commission under subsection (4) shall be final, shall not be challenged in any court, and shall be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum. Section 102(6) Where the High Court declares a referendum void, the Commission shall conduct a fresh referendum. - 103 Verify source ↗
ELECTION DISPUTES RESOLUTION - 103. Petition expenses.
The High Court may order how the costs of presenting and hearing a referendum petition are borne, may order costs caused by vexatious conduct to be paid by the party responsible, may order a person guilty of corrupt practice to pay costs after an opportunity to be heard, and may order return of security money when no longer needed upon motion with notice and proof.
Section 103. Petition expenses. Section 103(1) Subject to the provisions of this section, all costs, charges and expenses of and incidental to the presentation and hearing of a referendum petition shall be borne in such manner and in such proportions as the High Court may order, and in particular, any costs which, in the opinion of the High Court, have been caused by any vexatious conduct or by any frivolous or vexatious allegations or objections on the part of the petitioner or of the respondent, may be ordered to be paid by the party by whom such costs have been caused. Section 103(2) Where in the hearing of a referendum petition a person appears to the High Court to have been guilty of any corrupt practice relating to the referendum, the High Court may, after giving that person an opportunity to make a statement to show why the order should not be made, order the whole or a portion of the costs of or incidental to the trial of the referendum petition to be paid by that person to such person or persons as the High Court may determine. Section 103(3) Money deposited as security shall, when no longer needed as security for costs, be returned to the person in whose name it is deposited or to any person entitled to receive the money by order of the High Court, which may be made upon motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for as the High Court may require. - 104 Verify source ↗
ELECTION DISPUTES RESOLUTION - 104. Facilitation of persons with special needs including persons with disabilities.
Facilitation of persons with special needs, including persons with disabilities, through appropriate infrastructure such as special voting booths.
Section 104. Facilitation of persons with special needs including persons with disabilities. Section put in place appropriate infrastructure including special voting booths; and - 74 Verify source ↗
ELECTION DISPUTES RESOLUTION - 74. Settlement of certain disputes.
The Commission must settle electoral disputes (including those about or arising from nominations) but not election petitions or disputes after declaration of results.
Section 74. Settlement of certain disputes. Section 74(1) Pursuant to Article 88(4)(e) of the Constitution, the Commission shall be responsible for the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results. Section 74(2) An electoral dispute under subsection (1) shall be determined within ten days of the lodging of the dispute with the Commission. Section 74(3) Notwithstanding subsection (2), where a dispute under subsection (1) relates to a prospective nomination or election, the dispute shall be determined before the date of the nomination or election, whichever is applicable. [Act No. 1 of 2017 , s. 23.] - 75 Verify source ↗
ELECTION DISPUTES RESOLUTION - 75. County election petitions.
Rules for which courts determine county election petitions, timing for hearings, possible outcomes, and appeal deadlines.
Section 75. County election petitions. Section 75(1) A question as to validity of a election of a county governor shall be determined by High Court within the county or nearest to the county. Section 75(1A) A question as to the validity of the election of a member of county assembly shall be heard and determined by the Resident Magistrate's Court designated by the Chief Justice. Section 75(2) A question under subsection (1) shall be heard and determined within six months of the date of lodging the petition. Section 75(3)(a) a declaration of whether or not the candidate whose election is questioned was validly elected; Section 75(3)(b) a declaration of which candidate was validly elected; or Section 75(3)(c) an order as to whether a fresh election will be held or not. Section 75(4)(a) filed within thirty days of the decision of the Magistrate's Court; and Section 75(4)(b) heard and determined within six months from the date of filing of the appeal. - 76 Verify source ↗
ELECTION DISPUTES RESOLUTION - 76. Presentation of petitions.
Sets time limits for presenting different types of election petitions: (a) petitions questioning validity of an election must be filed within 28 days of declaration and served within 15 days; (b) petitions seeking that a seat has not become vacant must be presented within 28 days of publication of the vacancy; (c) petitions seeking that a seat has become vacant may be presented at any time; petitions about corrupt or illegal practices have specific 28‑day periods after publication in the Gazette; petitions may be amended with leave of the election court.
Section 76. Presentation of petitions. Section 76(1)(a) to question the validity of an election shall be filed within twenty eight days after the date of declaration of the results of the election and served within fifteen days of presentation; Section 76(1)(b) to seek a declaration that a seat in Parliament or a county assembly has not become vacant shall be presented within twenty-eight days after the date of publication of the notification of the vacancy by the relevant Speaker; or Section 76(1)(c) to seek a declaration that a seat in Parliament or a county assembly has become vacant may be presented at any time. Section 76(2) A petition questioning a return or an election upon the ground of a corrupt practice, and specifically alleging a payment of money or other act to have been made or done since the date aforesaid by the person whose election is questioned or by an agent of that person or with the privity of that person or his agent may, so far as respects the corrupt practice, be filed at any time within twenty-eight days after the publication of the election results in the Gazette . Section 76(3) A petition questioning a return or an election upon an allegation of an illegal practice and alleging a payment of money or other act to have been made or done since the date aforesaid by the person whose election is questioned, or by an agent of that person, or with the privity of that person or his election agent in pursuance or in furtherance of the illegal practice alleged in the petition, may, so far as respects the illegal practice, be filed at any time within twenty-eighty days after the publication of the election results in the Gazette ; Section 76(4) A petition filed in time may, for the purpose of questioning a return or an election upon an allegation of an election offence, be amended with the leave of the election court within the time within which the petition questioning the return or the election upon that ground may be presented. Section 76(5) A petition filed in respect of the matters set out in subsections (2) and (3) may, where a petition has already been presented on other grounds, be presented as a supplemental petition. [Act No. 36 of 2016 , s. 19] - 77 Verify source ↗
ELECTION DISPUTES RESOLUTION - 77. Service of petition.
For non-presidential elections, a petition must be filed within twenty-eight days after the Commission declares the election results; a petition may be served personally on a respondent or by advertisement in a newspaper with national circulation.
Section 77. Service of petition. Section 77(1) A petition concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Commission. Section 77(2) A petition may be served personally upon a respondent or by advertisement in a newspaper with national circulation. - 78 Verify source ↗
ELECTION DISPUTES RESOLUTION - 78. Security for costs.
A petitioner must deposit security for potential costs within ten days of presenting a petition; specified fixed amounts apply for petitions against different office-holders; if security is not deposited an objection may lead to dismissal and the respondent may apply for costs; the election court must release security only after hearing all parties.
Section 78. Security for costs. Section 78(1) A petitioner shall deposit security for the payment of costs that may become payable by the petitioner not more than ten days after the presentation of a petition under this Part. Section 78(2)(a) one million shillings, in the case of a petition against a presidential candidate; Section 78(2)(b) five hundred thousand shillings, in the case of petition against a member of Parliament or a county governor; or Section 78(2)(c) one hundred thousand shillings, in the case of a petition against a member of a county assembly. Section 78(3) Where a petitioner does not deposit security as required by this section, or if an objection is allowed and not removed, no further proceedings shall be heard on the petition and the respondent may apply to the election court for an order to dismiss the petition and for the payment of the respondent's costs. Section 78(4) The costs of hearing and deciding an application under subsection (3) shall be paid as ordered by the election court, or if no order is made, shall form part of the general costs of the petition. Section 78(5) An election court that releases the security for costs deposited under this section shall release the security after hearing all the parties before the release of the security. - 79 Verify source ↗
ELECTION DISPUTES RESOLUTION - 79. Procedure of election court on receipt of petition.
If the election court considers that the petition does not disclose sufficient ground for the relief claimed, it may summarily reject the petition.
Section 79. Procedure of election court on receipt of petition. Section if it considers that no sufficient ground for granting the relief claimed is disclosed therein may reject the petition summarily; or - 80 Verify source ↗
ELECTION DISPUTES RESOLUTION - 80. Powers of election court.
Section 80 gives the election court powers to summon, swear and examine witnesses, compel attendance, decide matters without undue regard to technicalities; refusal to obey an order to attend is contempt of court; interlocutory matters in petitions on presidential, parliamentary or county elections are to be heard by the election court; the Commission must notify the relevant Speaker in writing of the decision under subsection (4).
Section 80. Powers of election court. Section 80(1)(a) summon and swear in witnesses in the same manner or, as nearly as circumstances admit, as in a trial by a court in the exercise of its civil jurisdiction and impose the same penalties for the giving of false evidence; Section 80(1)(b) compel the attendance of any person as a witness who appears to the court to have been concerned in the election or in the circumstances of the vacancy or alleged vacancy; Section 80(1)(c) examine a witness who is compelled to attend or any other person who has not been called as a witness in court, and examined by a party to the petition and after examination the witness may be cross examined by or on behalf of the petitioner and respondent or either of them; and Section 80(1)(d) decide all matters that come before it without undue regard to technicalities. Section 80(2) A person who refuses to obey an order to attend court commits the offence of contempt of court. Section 80(3) Interlocutory matters in connection with a petition challenging results of presidential, parliamentary or county elections shall be heard and determined by the election court. Section 80(4)(a) upon recount of the ballots cast, the winner is apparent; and Section 80(4)(b) that winner is found not to have committed an election offence. Section 80(5) The Commission shall, in writing, notify the relevant Speaker of the decision made under subsection (4). - 81 Verify source ↗
ELECTION DISPUTES RESOLUTION - 81. Prohibition of disclosure of vote.
A voter who voted cannot be required, in election petition proceedings, to say whom they voted for.
Section 81. Prohibition of disclosure of vote. Section A voter who has voted at an election shall not, in the proceedings of an election petition, be required to state whom they voted for. - 82 Verify source ↗
ELECTION DISPUTES RESOLUTION - 82. Scrutiny of votes.
An election court may order that a scrutiny of votes be carried out during the hearing of an election petition, on its own motion or on application by any party.
Section 82. Scrutiny of votes. Section 82(1) An election court may, on its own motion or on application by any party to the petition, during the hearing of an election petition, order for a scrutiny of votes to be carried out in such manner as the election court may determine. Section 82(2)(a) the vote of a person whose name was not on the register or list of voters assigned to the polling station at which the vote was recorded or who had not been authorised to vote at that station; Section 82(2)(b) the vote of a person whose vote was procured by bribery, treating or undue influence; Section 82(2)(c) the vote of a person who committed or procured the commission of personation at the election; Section 82(2)(d) the vote of a person proved to have voted in more than one constituency; Section 82(2)(e) the vote of a person, who by reason of conviction for an election offence or by reason of the report of the election court, was disqualified from voting at the election; or Section 82(2)(f) the vote cast for a disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification or when the facts causing it were notorious. Section 82(3) The vote of a voter shall not, except in the case specified in subsection (1) (e), be struck off under subsection (1) by reason only of the voter not having been or not being qualified to have the voter's name entered on the register of voters. - 83 Verify source ↗
ELECTION DISPUTES RESOLUTION - 83. Nullification of an election.
An election will not be nullified if (a) it was conducted in accordance with the principles laid down in the Constitution and the written law, and (b) any non-compliance did not substantially affect the result; additionally, a prescribed form is not void for a deviation from its requirements so long as the deviation is not calculated to mislead.
Section 83. Nullification of an election. Section 83(1)(a) the election was conducted in accordance with the principles laid down in the Constitution and in that written law; and Section 83(1)(b) the non-compliance did not substantially affect the result of the election. Section 83(2) Pursuant to section 72 of the Interpretation and General Provisions Act ( Cap. 2 ), a form prescribed by this Act or the regulations made thereunder shall not be void by reason of a deviation from the requirements of that form, as long as the deviation is not calculated to mislead. [Act No. 34 of 2017 , s. 9.] - 84 Verify source ↗
ELECTION DISPUTES RESOLUTION - 84. Costs.
An election court must award the costs of and incidental to a petition; such costs shall follow the cause.
Section 84. Costs. Section An election court shall award the costs of and incidental to a petition and such costs shall follow the cause. - 85 Verify source ↗
ELECTION DISPUTES RESOLUTION - 85. Determination of election petition.
Election petitions under this Act must be heard and determined within the period specified in the Constitution.
Section 85. Determination of election petition. Section An election petition under this Act shall be heard and determined within the period specified in the Constitution. - 85A Verify source ↗
ELECTION DISPUTES RESOLUTION - 85A. Appeals to the Court of Appeal
Appeals under Section 85A(1)(a) must be filed within thirty days of the High Court decision; Section 85A(1)(b) appeals must be heard and determined within six months of filing; an appeal under subsection (1) stays the election court certificate until the appeal is heard and determined.
Section 85A. Appeals to the Court of Appeal Section 85A(1)(a) filed within thirty days of the decision of the High Court; and Section 85A(1)(b) heard and determined within six months of the filing of the appeal. Section 85A(2) An appeal under subsection (1) shall act as a stay of the certificate of the election court certifying the results of an election until the appeal is heard and determined. [Act No. 47 of 2012 , Sch., Act No. 36 of 2016 , s. 20.] - 86 Verify source ↗
ELECTION DISPUTES RESOLUTION - 86. Certificate of court as to validity of election.
An election court must determine issues raised in an election petition at the conclusion of the hearing and certify its determination to the Commission and notify the relevant Speaker; if a county governor's election is nullified, the Commission must publish a Gazette notice within seven days and the notice must state invalidation and announce the date for a new election; where such a vacancy arises the county assembly speaker shall act as governor and an election shall be held under Article 182(5) of the Constitution.
Section 86. Certificate of court as to validity of election. Section 86(1) An election court shall, at the conclusion of the hearing of an election petition, determine the validity of any question raised in the petition, and shall certify its determination to the Commission and notify the relevant Speaker. Section 86(1A) Upon the nullification of an election of a county governor, the Commission shall upon receipt of certification under sub section (1), publish a notice in the Gazette within seven days. Section 86(1B)(a) indicate that the election of the county governor has been invalidated; and Section 86(1B)(b) announce the date for election of a county governor pursuant to Article 182(5) of the Constitution. Section 86(1C) Where a vacancy arises as contemplated under section (1A), the speaker of a county assembly shall act as a governor and an election shall be held pursuant to Article 182(5) of the Constitution. Section 86(2) Deleted by ActNo. 1 of 2017, s. 24. [Act No. 1 of 2017 , s. 24., Act No. 4 of 2019 , s. 23.] - 86A Verify source ↗
ELECTION DISPUTES RESOLUTION - 86A. Procedure at fresh presidential election.
The Commission shall not conduct fresh nominations for a fresh election pursuant to Article 140(3) of the Constitution.
Section 86A. Procedure at fresh presidential election. Section 86A(1)(a) indicating that the presidential election has been invalidated and that no candidate has been elected as president; Section 86A(1)(b) announce the date for fresh election pursuant to Article 140(3) of the Constitution; Section 86A(1)(c) publish the names and political parties of the candidates to participate in the fresh election. Section 86A(2) The Commission shall not conduct fresh nominations for a fresh election pursuant to Article 140(3) of the Constitution. Section 86A(3)(a) where there are more than two remaining candidates in the election after the withdrawal, the election shall proceed as scheduled; Section 86A(3)(b) where only one candidate remains after the withdrawal, the remaining candidate shall be declared elected forthwith as the President-elect without any election being held. - 87 Verify source ↗
ELECTION DISPUTES RESOLUTION - 87. Report of Court on electoral malpractices.
An election court may determine whether a criminal electoral malpractice may have occurred at the end of a petition hearing, and if it so determines the court must direct that the order be transmitted to the Director of Public Prosecutions.
Section 87. Report of Court on electoral malpractices. Section 87(1) An election court may, at the conclusion of the hearing of a petition, in addition to any other orders, make a determination on whether an electoral malpractice of a criminal nature may have occurred. Section 87(2) Where the election court determines that an electoral malpractice of a criminal nature may have occurred, the court shall direct that the order be transmitted to the Director of Public Prosecutions. Section 87(3)(a) direct an investigation to be carried out by such State agency as it considers appropriate; and Section 87(3)(b) based on the outcome of the investigations, commence prosecution or close the matter. - 88 Verify source ↗
ELECTION DISPUTES RESOLUTION - 88. Election petition procedures to apply to referendum petition.
Unless the Act provides otherwise, the procedure for an election petition applies to a referendum petition.
Section 88. Election petition procedures to apply to referendum petition. Section Unless specifically provided for in this Act, the procedure applicable to an election petition shall apply to a referendum petition. - 89 Verify source ↗
ELECTION DISPUTES RESOLUTION - 89. Referendum petition.
A petition to the High Court may challenge the conduct, result or validity of a referendum; the petitioner must set out facts, identify matters relied on, include a request for relief, and file the petition in the High Court within twenty-one days of publication of the referendum results in the Gazette.
Section 89. Referendum petition. Section 89(1) The conduct, result and validity of a referendum may be challenged by petition to the High Court. Section 89(2)(a) set out the facts relied on to invalidate the referendum; Section 89(2)(b) identify the specific matter or matters on which the petitioner relies as justifying the grant of relief; Section 89(2)(c) contain a request for the relief to which the petitioner claims to be entitled; and Section 89(2)(d) be filed in the High Court within twenty-one days of the publication of the notice of the results of the referendum in the Gazette . Section 89(3)(a) in respect of the result of the voting in all the constituencies or in any one constituency, that corrupt practices prevailed at or in relation to the voting at the referendum in that constituency, or that there was an error or misconduct, whether by act or omission, on the part of a referendum officer; or Section 89(3)(b) in respect of the declared result of the referendum, that there was an error in the counting or tallying of the votes cast in the referendum. - 90 Verify source ↗
ELECTION DISPUTES RESOLUTION - 90. Composition of Court.
A referendum petition must be heard and determined by a bench of three judges appointed by the Chief Justice.
Section 90. Composition of Court. Section A referendum petition shall be heard and determined by a bench of three judges appointed by the Chief Justice. - 91 Verify source ↗
ELECTION DISPUTES RESOLUTION - 91. Operation of declared result of issue submitted to referendum.
When a referendum result is declared, the declared result has specified legal effects: parts (1)(a) take effect from the declaration date; (1)(b) is final and cannot be challenged in court; and (1)(c) is conclusive evidence of the referendum voting and result. Subsection (2) addresses statements about simple majority support and limits on petitions leading to contrary declarations.
Section 91. Operation of declared result of issue submitted to referendum. Section 91(1)(a) have effect from the date on which the result is declared; Section 91(1)(b) be final and not be challenged in any court of law; and Section 91(1)(c) be conclusive evidence of the voting at the referendum and of the result of the referendum. Section 91(2)(a) it is stated in the declared result of the referendum that the provisions of the Act are supported by a simple majority of the citizens voting in the referendum; and Section 91(2)(b) the question raised by any referendum petition or, if more than one, by all referendum petitions presented to the High Court in respect of such referendum would not, if decided in favour of the petitioner or petitioners, as the case may be, lead to a declaration by the Commission that a simple majority of the citizens voting in such referendum did not support the provisions of the said law. - 92 Verify source ↗
ELECTION DISPUTES RESOLUTION - 92. Persons who may present referendum petition.
Who may present a referendum petition: (a) persons who lawfully voted or had the right to vote in the constituency for petitions about constituency results; (b) persons who voted or had the right to vote at the referendum for petitions about declared referendum results; (c) the Commission in other cases. Petitioners must serve all respondents within seven days of filing and must publish a notice in the Gazette and a national newspaper within fourteen days.
Section 92. Persons who may present referendum petition. Section 92(1)(a) in the case of a petition in respect of the result of the voting in a constituency, a person who voted lawfully or had a right to vote in that constituency at the referendum; Section 92(1)(b) in the case of a petition in respect of the declared result of the referendum, a person who voted at the referendum or had a right to vote at the referendum; or Section 92(1)(c) in any other case, the Commission. Section 92(2) A petitioner who presents a referendum petition shall serve all the respondents to the petition within seven days of filing the petition. Section 92(3) A petitioner shall publish a notice of the petition in the Gazette and in at least one newspaper of national circulation, within fourteen days after the petition is filed. Section 92(4) A petition may be served personally upon the respondent or by advertisement in a newspaper with national circulation. - 93 Verify source ↗
ELECTION DISPUTES RESOLUTION - 93. Respondents to referendum petition.
The High Court may add or name a person as a respondent to a referendum petition in specified circumstances and may name a referendum officer as a respondent when a legal question arises and the Attorney-General applies.
Section 93. Respondents to referendum petition. Section 93(1) Where, at the hearing of a referendum petition, a person is alleged to have been guilty of a corrupt practice in relation to the referendum, or where a copy of a referendum petition is served on a particular person on the direction of the High Court, the High Court may, on the application of that person, add or name that person as a respondent to the petition. Section 93(2) Where, at the trial of a referendum petition presented by the Commission, a question of law arises in relation to action or omission by a referendum officer, the High Court may, on the application of the Attorney-General, name the referendum officer as a respondent to the petition. - 94 Verify source ↗
ELECTION DISPUTES RESOLUTION - 94. Filing of referendum petition.
Petitioner(s) must sign a referendum petition; the Registrar of the High Court must, in writing, inform the Commission when a referendum petition is presented.
Section 94. Filing of referendum petition. Section 94(1) A referendum petition shall be signed by the petitioner or by all the petitioners, if more than one. Section 94(2) Whenever a referendum petition is presented under this section, the Registrar of the High Court shall, in writing, inform the Commission of the filing. - 95 Verify source ↗
ELECTION DISPUTES RESOLUTION - 95. Duty of Registrar to make list of referendum petitions.
The Registrar of the High Court must make and keep a list of all referendum petitions filed under this Part; the list must be open for inspection by any person who applies to inspect it.
Section 95. Duty of Registrar to make list of referendum petitions. Section 95(1) Subject to the provisions of subsection (2), the Registrar of the High Court shall make a list of all the referendum petitions filed under this Part in the order in which they are filed, and shall keep in the Registrar's office, a copy of the list which shall be open for inspection by any person who applies to inspect the list. Section 95(2) A referendum petition shall, unless the High Court orders otherwise, be tried in the order in which it appears on the list made by the Registrar under subsection (1). Section 95(3) Where more than one petition is presented relating to the same referendum, all such petitions shall be dealt with as one petition as far as the inquiry into the referendum is concerned. - 96 Verify source ↗
ELECTION DISPUTES RESOLUTION - 96. Practice procedure and security for costs.
A petitioner must deposit one million shillings as security for costs within ten days of presenting a petition; failure to deposit will result in the petition being struck out for a referendum petition and the High Court may order costs.
Section 96. Practice procedure and security for costs. Section 96(1)(a) the time within which any requirement of the rules is to be complied with; Section 96(1)(a)(i) the time within which any requirement of the rules is to be complied with; Section 96(1)(a)(ii) the costs of and incidental to the filing and the trial of an election and referendum petition; and Section 96(1)(a)(iii) the fees to be charged in respect of proceedings of an election and referendum petition; and Section 96(1)(b) generally with regard to any other matter relating to an election and referendum petition as the Chief Justice may deem necessary. Section 96(2) A petitioner shall deposit one million shillings as security for costs of a petition presented under this Act, within ten days of presenting the petition. Section 96(3) Where a petitioner does not deposit security for costs as required under this section after presenting of a referendum petition the referendum petition shall be struck out. Section 96(4) The High Court may make such order as to costs as it may deem fit and just in respect of any referendum petition dismissed under this section. [Act No. 47 of 2012 , Sch.] - 97 Verify source ↗
ELECTION DISPUTES RESOLUTION - 97. Death of or delay by petitioner.
If one petitioner dies before the court's final order, the remaining petitioner(s) are entitled to continue the petition.
Section 97. Death of or delay by petitioner. Section Where there are two or more petitioners and any of the petitioners dies at any time before the final order of the court hearing the petition, the surviving petitioner or petitioners shall be entitled to continue with the petition. - 98 Verify source ↗
ELECTION DISPUTES RESOLUTION - 98. Hearing of referendum petition.
The High Court may use its civil-jurisdiction powers when trying a referendum petition; a petitioner may withdraw a referendum petition by notifying other parties and the High Court, subject to court orders on costs. Section 98(1)(a) says a petition must be heard and determined within six months from presentation and Section 98(1)(b) requires hearings in open court.
Section 98. Hearing of referendum petition. Section 98(1)(a) heard and determined within six months from the date of presentation of a petition; and Section 98(1)(b) heard in open court. Section 98(2) The High Court may, in respect of the trial of a referendum petition, exercise such powers within its civil jurisdiction as it may deem appropriate. Section 98(3) A referendum petition may be withdrawn by the petitioner on notice to the other parties and the High Court, subject to any order of the Court as to costs. - 99 Verify source ↗
ELECTION DISPUTES RESOLUTION - 99. Powers of a court to summon witnesses in a referendum petition.
Section 99 gives the Court power to summon and examine witnesses in a referendum petition, requires witnesses to answer questions (even if incriminating), grants indemnity and immunity to witnesses who fully comply, allows the Court to order service of the petition and to stay proceedings on production of a certificate, and provides for payment of reasonable witness expenses.
Section 99. Powers of a court to summon witnesses in a referendum petition. Section 99(1)(a) order any person who appears to the court to be concerned in or affected by the referendum petition to attend as a witness at such hearing; and Section 99(1)(b) examine any witness or any person who is present at the hearing even if the witness or person is not called as a witness by any party to the proceedings: Section 99(2) Where a person is ordered to attend as a witness under subsection (1), the Court may direct that a copy of the referendum petition be served on that person. Section 99(3) A person who is called as a witness at the trial of a referendum petition shall not be excused from answering any question relating to any offence connected with the referendum on the ground that the answer thereto may incriminate them or on the ground of privilege. Section 99(4)(a) a witness who answers every question which they are required to answer under this section to the satisfaction of the court, and the answers to which may tend to incriminate them, shall not be liable to prosecution for any offence committed by them in connection with the referendum and in respect of which they are so examined, and shall be entitled to receive a certificate of indemnity issued by the Registrar stating that the person is discharged from liability and shall not be prosecuted for that offence; and Section 99(4)(b) an answer by a witness to a question before the Court under this section shall not, except in the case of any criminal proceedings for giving false evidence in respect of such evidence, be admissible as evidence in any civil or criminal proceedings against them. Section 99(5) Where a person has received a certificate of indemnity under subsection (3), and legal proceedings are, at any time, brought against that person for an offence to which the certificate relates, the court having cognizance of the case shall, on proof of the certificate of indemnity, stay such proceedings. Section 99(6) All reasonable expenses incurred by any person in attending at or appearing before the High Court to give evidence as a witness at the trial of a referendum petition shall be paid to such person according to the scale of allowances and expenses appropriate in civil proceedings before the High Court.
Part VIII
GENERAL PROVISIONS
- 105 Verify source ↗
GENERAL PROVISIONS - 105. Duty to co-operate.
Every public officer and public or private entity must co-operate with the Commission during an election and must not hinder the Commission.
Section 105. Duty to co-operate. Section 105(1) It shall be the duty of every public officer and public or private entity to co-operate with the Commission in its activities during an election and not to hinder the Commission in carrying out its functions. Section 105(2) It shall be the duty of police officers in their respective areas of operation, to take all necessary measures for the maintenance of law and order and stability necessary for the conduct of an election and to protect and uphold the rights of all persons under any written law relating to elections. Section 105(3) Notwithstanding the provisions of the law relating to the National Police Service or any other written law, a police officer assigned duties during the conduct of an election or referendum shall be deemed to be an elections officer for purposes of this Act and subject to direction and instruction of the Commission. Section 105(4)(a) all officers of the county administration, in their respective administrative units; Section 105(4)(b) all persons in charge of local authority facilities; Section 105(4)(c) persons in charge of facilities; Section 105(4)(d) all political parties and members of the public; Section 105(4)(e) all persons in charge of public utilities including teachers in charge of public schools; Section 105(4)(f) the Registrar of Persons; and Section 105(4)(g) the Registrar of Political Parties, - 106 Verify source ↗
GENERAL PROVISIONS - 106.[Deleted by ActNo. 36 of 2016, s. 23.]
This section has been deleted.
Section 106.[Deleted by ActNo. 36 of 2016, s. 23.] - 107 Verify source ↗
GENERAL PROVISIONS - 107. Powers of arrest and prosecution.
Section 107 gives Commission members or designated officers the permission to order arrests for offences under the Act; it gives the Commission the power to prosecute offences and to impose sanctions pending hearing; and gives Commission members or designated persons the power to impound state resources used in election campaigns.
Section 107. Powers of arrest and prosecution. Section 107(1) A member of the Commission or any officer designated by the Commission may order the arrest of a person who commits an offence under this Act. Section 107(2) The Commission shall have the power to prosecute any offences under this Act and impose sanctions against a person who commits an offence under this Act pending the hearing and determination of the offence. Section 107(3) 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. - 108 Verify source ↗
GENERAL PROVISIONS - 108. Airtime by state radio and television for election campaign.
Candidates and political parties participating in an election must be given reasonable airtime on all broadcasting media during the campaign period.
Section 108. Airtime by state radio and television for election campaign. Section All candidates and political parties participating in an election shall be allocated reasonable airtime on all broadcasting media during the campaign period. [Act No. 12 of 2012 , Sch.] - 109 Verify source ↗
GENERAL PROVISIONS - 109. Regulations.
Section 109 grants rulemaking power to make regulations and requires the Commission to publish regulations approved by the National Assembly in the Gazette at least sixty days before a general election; it also requires that a draft of proposed regulations be approved by the National Assembly at least four months before a general election (with a proviso for the first general election).
Section 109. Regulations. Section 109(1)(a) prescribe the manner in which registers of voters shall be compiled and the manner in which they shall be revised; Section 109(1)(b) prescribe the procedure for registration and issuance of voters cards and provide for the progressive registration of Kenyan citizens living abroad and prisoners; Section 109(1)(c) to provide for the regulation of the process by which parties nominate candidates for elections; Section 109(1)(d) to provide for the manner of nomination, allocation and re-allocation of special seats and mechanisms for resolving disputes arising out of such nomination, allocation and re-allocation; Section 109(1)(e) prescribe the procedure for making and determining claims to be registered and objections to registration; Section 109(1)(f) authorise any registration officer to consider or determine any application, claim, objection or appeal, to summon any person to appear before them and give evidence on oath, and to administer an oath for that purpose and to order the production of any document relevant to any issue which the officer is required to consider and determine; Section 109(1)(g) provide for the division of constituencies into units for the purpose of the registration of voters; Section 109(1)(h) prescribe the conditions under which elections may be held in accordance with the provisions of the Constitution, this Act or any other written law relating to elections; Section 109(1)(i) prescribe the amount of the deposit to be paid by or on behalf of candidates at all elections and the circumstances in which the deposit may be forfeited; Section 109(1)(j) provide for the appointment of officers to preside at polling stations; Section 109(1)(k) prescribe the facilities to be provided at polling stations and the persons who may be admitted to polling stations; Section 109(1)(l) prescribe the place and manner in which votes may be cast and the construction and scaling of ballot boxes and provide for the issue a ballot papers to voters; Section 109(1)(m) provide for the manner in which, and the person by whom any question as to the identity of any person claiming the right to vote shall be determined; Section 109(1)(n) provide for the manner in which a voter who is not able to read or write may vote or be assisted in voting; Section 109(1)(o) provide for the manner in which a voter with special needs including a person with a disability may vote or be assisted in voting; Section 109(1)(p) prescribe the procedure to be followed in the counting of votes and the circumstances in which votes may be rejected by a returning officers as being invalid; Section 109(1)(q) prescribe conditions for the use of private motor vehicles, vessels or buildings at elections; Section 109(1)(r) prescribe the facilities to be provided during the electoral process and in particular, for voting by electronic machines and the persons entitled so to vote and the circumstances in which persons may so vote; Section 109(1)(s) provide for the allocation by the Commission, in a just and equitable manner of the use of state owned radio and television broadcasting services during any election period; Section 109(1)(t) prescribe the procedure to be adopted by the public in making representations for the alteration of electoral area boundaries; Section 109(1)(u) prescribe the forms which may be used under this Act and the fees in respect of anything to be done under this Act; Section 109(1)(v) prescribe the procedure for advance voting for special categories including patients admitted in hospital, pastoralists, armed forces, elections officers and other citizens of Kenya providing essential services; Section 109(1)(w) prescribe the procedure for voting for citizens residing outside Kenya; Section 109(1)(x) provide for complaints resolution mechanisms and for the manner of settlement of electoral disputes; Section 109(1)(y) provide for the conduct of election observers, the media, monitors and evaluators and organisations carrying out civic and voter education; Section 109(1)(z) provide for mechanisms for carrying out effective voter education; Section 109(1)(z)(aa) provide for mechanisms for carrying out effective voter education; Section 109(1)(z)(bb) provide for the mode of declaration of the result of an election; Section 109(1)(z)(cc) prescribe the manner of enforcing the Electoral Code of Conduct; or Section 109(1)(z)(dd) provide for the conduct of campaigns during a referendum or an election; Section 109(1)(z)(ee) Provide for the financing of campaigns during a referendum or an election; Section 109(1)(z)(ff) prescribe anything which is required to be prescribed or is necessary or desirable for the better giving effect to this Act. Section 109(2)(a) for the purpose and objective of giving effect to the Constitution and this Act; Section 109(2)(b) limited to the nature and scope specifically stipulated in the Constitution and this Act; and Section 109(2)(c) based on the general principles and standards contained in the Constitution and this Act. Section 109(3) The power to make regulations shall be exercised only after a draft of the proposed regulations has been approved by the National Assembly, at least four months preceding a general election. Provided that this appies to the first general election under this Act. Section 109(4) The Commission shall publish in the Gazette , not later than sixty days prior to the date of a general election, the regulations approved by the National Assembly under subsection (3). [Act No. 31 of 2012 , s. 3, Act No. 47 of 2012 , Sch., Act No. 36 of 2016 , s. 24.] - 110 Verify source ↗
GENERAL PROVISIONS - 110. Electoral code of conduct.
Every political party and every person participating in an election or referendum must subscribe to and observe the Electoral Code of Conduct; a political party eligible to nominate candidates cannot contest unless the party and candidate have subscribed.
Section 110. Electoral code of conduct. Section 110(1) Every political party and every person who participates in an election or referendum under the Constitution and this Act shall subscribe to and observe the Electoral Code of Conduct set out in the Second Schedule in such manner as the Commission may, subject to paragraph 6 of that Schedule, determine. Section 110(2) A political party that is eligible to nominate candidates under the Constitution, this Act or any other written law shall not be eligible to contest in any election unless the political party and the candidate have subscribed to the Electoral Code of Conduct referred to in subsection (1). Section 110(3) Deleted by ActNo. 36 of 2016, s. 25. Section 110(4) Deleted by ActNo. 36 of 2016, s. 25. Section 110(5) The trial of an offence under this section shall be without prejudice to any proceedings in or consequent upon a petition. Section 110(6) Deleted by ActNo. 36 of 2016, s. 25. [ Act No. 36 of 2016 , s. 25.] - 112 Verify source ↗
GENERAL PROVISIONS - 112. Transitional provisions.
Transitional provisions deem certain items and actions under the former National Assembly and Presidential Elections Act to be done under this Act and provide rules about commencement and the application of earlier elections under the former Constitution.
Section 112. Transitional provisions. Section 112(1)(a) the register of voters prepared under the National Assembly and Presidential Elections Act shall be deemed to have been prepared under this Act; Section 112(1)(b) deleted by ActNo. 12 of 2012, Sch. Section 112(1)(c) an election official holding office immediately before the commencement of this Act shall be deemed to have been appointed in accordance with the provisions of this Act; and Section 112(1)(d) an election petition filed under the National Assembly and Presidential Elections Act shall be deemed to have been filed under this Act. Section 112(2)(a) a notice of commencement of the provisions of this Act under section 1 shall apply to the extent contemplated by section 2(1)(a) of the Sixth Schedule to the Constitution; Section 112(2)(b) any election held before the first elections for Parliament under the Constitution shall be held in accordance with the provisions of the former Constitution and the law applicable under that Constitution pursuant to section 3(2) of the Sixth Schedule to the Constitution:
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