The National Election (President and the Parliamentary Elections) Regulations, 2020
These Regulations may be cited by the name given in the text.
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- The National Election (President and the Parliamentary Elections) Regulations, 2020
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These Regulations may be cited by the name given in the text. This section defines key terms used in the regulations. The Commission must provide voters’ education throughout the United Republic and coordinate and supervise the persons who carry it out. Voters’ education cannot be provided without the Commission’s prior approval, and material used for it must be submitted to the Commission first. Voters’ education material includes listed media and similar materials, and the material must show the names and addresses of the author, printer, and publisher as applicable.
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Provisions of The National Election (President and the Parliamentary Elections) Regulations, 2020
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AI-assisted research summary: These Regulations may be cited by the name given in the text.
1. These Regulations may be cited as the National (Presidential and Parliamentary Elections) Elections Regulations, 2020. Interpretation - 2 Verify source ↗
Citation
AI-assisted research summary: This section defines key terms used in the regulations.
2. In these Regulations, unless the context Cap. 343 otherwise requires- Act” means the National Elections Act; “campaign period” means the period commencing immediately after the nomination day up to the day immediately preceding the election day; “candidate” means a person who submits himself for election to the National Assembly; “Commission” means the National Electoral Commission established under Article 74 of the Constitution; “constituency” means a constituency for the purposes of election to the National Assembly; Cap. 2 “Constitution” means the Constitution of the United Republic of Tanzania, 1977; “council” means a City Council, Municipal Council, Town Council or a District Council as the case may be; “Director of Elections” means the person appointed to be 5 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) the Director of Elections in accordance with the provisions of section 6 of the Act and includes a person performing any of the functions of the Director of Elections; “election” means- (a) in the case of an election of the President, the Presidential election; (b) in the case of an election to the National Assembly, a Parliamentary election and it includes a by-election; “election day” has the meaning ascribed to it under the Act; “election observation” means the observation of various stages of the electoral process by an observer duly accredited by the Commission for that purpose; the Regional Election includes “election officer” Assistant Returning Officer, Coordinator, Returning Officer, presiding officer and polling assistant; “Government” means the Government of the United Republic of Tanzania; “Minister” means the Minister responsible for Regional Administration and Local Government; “nomination” means nomination as a candidate for election to the National Assembly, nomination for women special seats, and it includes a by- election; “nominating authority” means- (a) in the case of Presidential and Vice Presidential candidates, the National Electoral Commission; and (b) in the case of Parliamentary candidate, the Returning Officer; “nomination day” means a day appointed by the Commission for the nomination of candidates under the Act; “observer” means local or international observer; “political party” means a political party registered under 6 Cap. 258 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) the Political Parties Act; “polling agent” means a person appointed as a polling agent under section 57 of the Act; “Presidential candidate” means a person nominated to contest election for the office of the President; “region” means any part proclaimed or deemed to be proclaimed by the President to be a region pursuant to powers conferred on the President by the Constitution; “register” means the Permanent National Voters’ Register established and maintained in accordance with the Act; “Registrar” means the Registrar of Political Parties appointed under the Political Parties Act, and it includes a Deputy and an Assistant Registrar; “tactile ballot folder” means a device used to facilitate voting by a visually impaired person; “Vice-Presidential candidate” means a person nominated to contest election for the office of the Vice- President; “voters’ card” means a card issued under the Act verifying that a person named in such card has been registered as a voter; “voters’ education” means dissemination of information relating to the electoral processes and procedures; and “woman candidate” means a woman candidate for nomination to a Parliamentary women special seats under Article 78 of the Constitution. Cap. 258 Cap. 2 PART II VOTERS’ EDUCATION Voters’ education
Part
PART II
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AI-assisted research summary: The Commission must provide voters’ education throughout the United Republic and coordinate and supervise the persons who carry it out.
3. The Commission shall be responsible for providing voters’ education throughout the United Republic 7 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) and it shall, for that purpose, coordinate and supervise persons who conduct such education. Approval of voters’ education material Meaning of Voters’ education material - 4
AI-assisted research summary: Voters’ education cannot be provided without the Commission’s prior approval, and material used for it must be submitted to the Commission first.
4.-(1) A person shall not provide voters’ education without prior approval of the Commission. (2) Any person who intends to conduct voters’ education using material relating to electoral processes and procedures shall, before using such material, submit the material to the Commission for scrutiny and approval. (3) Where the Commission does not approve the material, it shall notify the person concerned and may direct that person to correct such material in such a manner as the Commission may direct. (4) Where the Commission approves the material, it shall grant permission in writing to use such material for conducting voters’ education. - 5
AI-assisted research summary: Voters’ education material includes listed media and similar materials, and the material must show the names and addresses of the author, printer, and publisher as applicable.
5.-(1) For this Part, voters’ the purposes of education material includes brochures, posters, leaflets, booklets, radio programmes, cultural dances, songs, drama, television programme, infographics and any other material containing information relating to voters’ education. (2) The material referred to in subregulation (1) shall indicate names and addresses of the author, printer and publisher as the case may be. Contraventio n - 6
AI-assisted research summary: If a person contravenes any provision of this Part, the Commission may bar that person from providing voters’ education.
6. A person who contravenes any provision of this Part shall be barred by the Commission from providing voters’ education. PART III CONSTITUENCIES AND POLLING DISTRICTS Division of constituency into polling districts
Part
PART III
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AI-assisted research summary: The Commission must divide a constituency into polling districts according to the Act, and polling district boundaries must stay within a ward established under the relevant local government Acts.
7.-(1) The Commission shall divide a constituency into polling districts in the manner provided for under the Act. 8 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Caps. 287 and 288 (2) The boundaries of a polling district shall be within a ward established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act. Alteration of boundaries of polling district or constituency - 8
AI-assisted research summary: The Commission may change polling district or constituency boundaries when boundary-related circumstances arise.
8.-(1) The Commission may alter the number or area of polling districts or a constituency, whenever circumstances affecting the existing boundaries of a polling district or a constituency arise. (2) The circumstances affecting the existing boundaries of a polling district or a constituency shall include- (a) establishment of a new region, an administrative district, a council or ward; (b) alteration of the boundaries of the existing region, administrative district, a council or ward; and (c) abolition of a region, an administrative district, a council or ward. (3) The Commission may, in the manner provided for under the Act, make alteration on the existing boundaries of a constituency or a polling district. PART IV APPOINTMENT AND TRAINING OF ELECTION OFFICERS Appointment of Regional Election Coordinator
Part
PART IV
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AI-assisted research summary: The Commission may appoint a Regional Election Coordinator, and the appointee must confirm acceptance in writing within 14 days.
9.-(1) The Commission may, at any time during election and subject to the provisions of the Act, appoint in writing a public officer to be a Regional Election Coordinator who shall be responsible for coordination of activities related to the election process in a region. (2) Notwithstanding the Commission may, for better administration of the election process, appoint from amongst public officers a Regional Election Coordinator for more than one region. subregulation (1), (3) A letter of appointment issued under subregulation (1) shall contain- 9 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (a) the date of commencement of duties and tenure of office of the Regional Election Coordinator; (b) the terms and conditions of service of the Regional Election Coordinator; and (c) any other directives as may be determined by the Commission or the Director of Elections. (4) A person appointed as a Regional Election Coordinator under this regulation shall, within fourteen days after receiving the letter of appointment, confirm to the Director of Elections in writing of his acceptance of the appointment. (5) The Commission may, where the appointed Regional Election Coordinator fails to submit a letter of acceptance as prescribed under subregulation (4), appoint another public officer to be a Regional Election Coordinator. - 10
AI-assisted research summary: The Commission must appoint Returning Officers and notify them in writing before an election about their start date, tenure, duty terms, and any other directives.
10.-(1) Subject to the provisions of the Act, the Commission shall appoint Returning Officers who shall be responsible for coordinating and supervising the conduct of elections in constituencies. (2) The Commission shall, at any time before an election, inform in writing the Returning Officer of- (a) the date of commencement of duties and tenure of office; (b) the terms and conditions of duty; and (c) any other directives as may be determined by the Commission or the Director of Elections. Appointment of Returning Officers Replacement of Returning Officers - 11
AI-assisted research summary: The Commission may revoke a Returning Officer’s appointment if it is satisfied the officer cannot perform the duties, and it must notify the officer in writing. If it revokes the appointment, it must appoint another public officer as Returning Officer.
11.-(1) The Commission may, where it is satisfied that the Returning Officer is incapable of performing his duties, revoke his appointment and inform the Returning Officer in writing of such revocation. (2) Where the Commission the to appointment of subregulation (1), it shall appoint another public officer to be a Returning Officer in the manner as prescribed in the Returning Officer pursuant revokes 10 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) regulation 10. Confirmation of appointment of Returning Officer Appointment of Assistant Returning Officers - 12
AI-assisted research summary: The rules in regulation 9(4) also apply, with necessary changes, to the appointment of a Returning Officer under regulation 10.
12. The provisions of regulations 9(4) shall apply mutatis mutandis to the appointment of a Returning Officer under regulation 10. - 13
AI-assisted research summary: The Commission must appoint Assistant Returning Officers in writing, and those officers must confirm acceptance within 14 days and work under the Returning Officer’s supervision.
13.-(1) Subject to the provisions of the Act, the Commission shall appoint in writing Assistant Returning Officers from amongst public officers to assist the Returning Officer in coordinating and supervising the conduct of elections in a constituency and in a ward. (2) The letter of appointment under subregulation (1) shall contain- (a) the date of commencement of duties and tenure of office; (b) the terms and conditions of service; and (c) any other directives as may be issued by the Commission or the Director of Elections. (3) An Assistant Returning Officer appointed under subregulation (1) shall, within fourteen days after receiving the letter of appointment, confirm to the Director of Elections in writing of his acceptance of appointment. (4) The Commission may, where it is satisfied that the Assistant Returning Officer is incapable of performing his duties, revoke the appointment and inform the Assistant Returning Officer in writing of such revocation. the appointment pursuant to subregulation (4), it shall appoint another public officer in the manner as prescribed in subregulations (1) and (2). the Commission (5) Where revokes (6) The requirement of subregulation (3) shall apply to the Assistant Returning Officer appointed in terms of subregulation (5). (7) The Assistant Returning Officer appointed under this regulation shall perform his duties under the supervision of the Returning Officer. 11 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Appointment of presiding officers, polling assistants and direction clerks Procedures for appointment of presiding officers, polling assistants or direction clerks - 14
AI-assisted research summary: Returning Officers must appoint polling staff in writing, and appointed persons must sign an employment contract and work under supervision.
14.- (1) Subject to the provisions of subregulation (2) and directives issued by the Commission or the Director of Elections, every Returning Officer shall, for the purposes of election, appoint in writing presiding officers, polling assistants and direction clerks. (2) The Commission shall determine the number of presiding officers, polling assistants and direction clerks required for every polling station. (3) A person appointed under this regulation shall be required to sign a contract of employment with the Returning Officer using Form No.11 as prescribed in the First Schedule to these Regulations. (4) A presiding officer shall be the officer in-charge of a polling station. (5) Subject to the provisions of the Act, these Regulations and directives issued by the Commission or Director of Elections, a presiding officer, polling assistant and direction clerk appointed under subregulation (1) shall perform his duties under the supervision of the Returning Officer or, as the case may be, Assistant Returning Officer. - 15
AI-assisted research summary: The Returning Officer must advertise, shortlist, interview, and then appoint qualified applicants for presiding officers, polling assistants, and direction clerks.
15.-(1)The Returning Officer shall, for the purpose of appointment of presiding officers, polling assistants and direction clerks- (a) advertise posts inviting qualified persons to apply; (b) shortlist names of applicants and display such names at the office of the Returning Officer or any other public office within the constituency; and (c) interview the shortlisted applicants. (2) The Returning Officer shall, immediately after conducting an interview under subregulation (1), appoint the qualified applicants as presiding officers, polling 12 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) assistants and direction clerks. Oath of secrecy and declaration - 16
AI-assisted research summary: Certain election officials must take an oath of secrecy and make a party-membership declaration before starting duties.
16.- (1) A Regional Election Coordinator, Returning Officer and Assistant Returning Officer shall, before assuming duties- (a) take an oath of secrecy before a Magistrate using Form No. 6 as prescribed in the First Schedule to these Regulations; and (b) make a declaration before a Magistrate using Form No. 7 as prescribed in the First Schedule to these Regulations that he is not a member of any political party or that he has withdrawn his membership from a political party. (2) A presiding officer, polling assistant and direction clerk shall, before assuming duties, take an oath of secrecy before a Returning Officer using Form No.6 as prescribed in the First Schedule to these Regulations. (3) A presiding officer, polling assistant and direction clerk shall, before assuming duties, make a declaration before the Returning Officer using Form No. 7 as prescribed in the First Schedule to these Regulations that he is not a member of any political party or that he has withdrawn his membership from a political party.
Part
Schedule to these Regulations that he is not a
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AI-assisted research summary: The Commission must train specified election officers before elections, and the Returning Officer must train certain other election staff, subject to Commission or Director of Elections directives.
17.- (1) The Commission shall, at any time after the appointment of Regional Election Coordinators, Returning Officers and Assistant Returning Officers and before the conduct of election, train such election officers on the electoral laws, processes and procedures. (2) The Returning Officer shall, subject to the directives of the Commission or Director of Elections, conduct training to Assistant Returning Officers at ward level, presiding officers, polling assistants and direction clerks on the electoral laws, processes and procedures. 13 Training of election officers National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) PART V ELECTION OBSERVATION Invitation and accreditation of observers for
Part
PART V
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AI-assisted research summary: The Commission may invite election observers and can accept or refuse accreditation applications. Some sponsoring bodies and local observer organisations must apply for accreditation, and the Commission must notify applicants of acceptance or refusal.
18.-(1) The Commission may, through the Ministry the affairs responsible commencement of election processes, extend invitations to international observers to participate as election observers upon accreditation. foreign before and (2) In extending its acceptance for invitation pursuant to subregulation (1), a sponsoring organization, institution or foreign state shall apply to the Commission for accreditation of its observer team. (3) The Commission the commencement of an election process and through the use of local media, invite local observers to apply for participation in election observation. before shall, (4) An organization or institution which intends to participate as a local observer in the election shall apply to the Commission for accreditation of its observer team. (5) The Commission may, upon receipt of an the for accreditation, accept or application application where it deems appropriate to do so. refuse (6) Where the Commission accepts an application for accreditation, it shall notify and issue an accreditation identity card to the observers to whom the application relates. (7) Where the Commission refuses the application, it shall notify the applicant of such refusal. Duration of observation - 19
AI-assisted research summary: Election observation starts on the date of accreditation and runs until the date shown on the observer’s accreditation issued under regulation 18(6).
19.An election observation shall commence from the date of accreditation to the date indicated on the observer’s accreditation issued under regulation 18(6). identity card Disqualificati on of election - 20
AI-assisted research summary: An observer can be disqualified from election observation for breaking specified laws or rules, or for showing favoritism to a candidate or party.
20.- (1) An observer shall be disqualified from election observation if he- 14 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) observer (a) contravenes the electoral laws; (b) contravenes procedures; the immigration laws and (c) contravenes any other written laws; (d) fails to adhere to these Regulations; (e) contravenes issued directives by the Commission or the Director of Elections; and (f) campaigns or conducts himself in such a manner as to show favoritism for a candidate or a political party. (2) An observer, observer organization or institution which contravenes the provisions of these Regulations or any other written laws shall be barred from being accredited for future observations. Information and briefing - 21
AI-assisted research summary: The Commission may give election observers background information and related materials about the election.
21.-(1) The Commission may provide observers with background information and material on various aspects of the elections. (2) The material and information referred to under subregulation (1) may include- (a) electoral laws and regulations; (b) electoral processes and procedures; (c) guidelines for election observers; (d) list of councils, constituencies, polling districts and polling stations; (e) list of registered political parties participating in the election; and (f) any other related material and information which the Commission may deem necessary. Rights and Obligations of observers - 22
AI-assisted research summary: Election observers may observe and gather election information, but must follow Tanzania’s laws and the Commission’s instructions and must not interfere with the election process.
22.-(1) Subject to the electoral laws, an election observer may- (a) request for and obtain information on activities relating to electoral processes and procedures; (b) observe stages of electoral processes; (c) move in areas or places authorized by the Commission; 15 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (d) communicate with political parties; and (e) enter the polling stations and observe electoral including voting, counting and processes, addition of votes. (2) An observer shall - (a) adhere to the laws of Tanzania; (b) abide to the lawful instructions issued by the Commission at any time of the observation; (c) not do anything that interferes with the internal affairs of the country; (d) exercise his role with impartiality, independence and objectivity; (e) disclose to the Commission any conflict of interest associating him with an electoral process; (f) ensure that his observation is neutral and non- partisan; (g) not interfere with electoral processes, including not to act in such a manner as to direct the Commission’s officers on how to conduct the electoral processes; (h) refrain from interfering or undermining duties of the election officers; restrict (i) abide by the Commission’s directives that forbid and information the use of any communication technology facilities including cellular phones, cameras, two way radios or any the polling other electronic devices stations and tallying centers; inside (j) not publish or express any opinion on the media while the election is ongoing; (k) refrain from acting as a commission of inquiry; (l) report to the Commission as soon as practicable any irregularities in the electoral processes without interfering with the election; (m) submit the observation report within the time stated under these Regulations; 16 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (n) surrender accreditation card, letter and any other material issued to him when required to do so by the Commission; and (o) use knowledge of and international standards in determining free and fair electoral processes. understanding Reporting by observer organization or institution - 23 Verify source ↗
Appointment of the Regional Election Coordinator
AI-assisted research summary: Observer organizations or institutions must submit an observation report to the Commission within two months after election results are declared.
23.-(1) An observer organization or institution shall provide its observation report not later than two months from the date of declaration of the election results. the Commission with copies of (2) An observation report referred to under subregulation (1) shall include- (a) particulars of the observer; and (b) findings and recommendations of the election observation. PART VI NOMINATION, SUBSCRIPTION TO THE ELECTORAL CODE OF CONDUCT, WITHDRAWAL, DEATH OR ABSENCE OF CANDIDATES AND ELECTION CAMPAIGNS A: Nomination of Parliamentary Candidates and Subscription to the Electoral Code of Conduct Nomination forms
Part
PART VI
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AI-assisted research summary: The Commission must set the date for issuing nomination forms, and proposed candidates must get a letter of introduction and complete the nomination form.
24.- (1) The Commission shall, for the purposes of this regulation, specify the date for issuance of nomination forms to proposed candidates. (2) A person who is a member of a political party and is proposed by such political party to be a candidate shall first obtain a letter of introduction from a regional, district or constituency secretary of the respective political party. (3) A proposed candidate shall submit a letter of introduction referred to under subregulation (2) to the nominating authority for purposes of obtaining nomination 17 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) form. (4) The proposed candidate shall obtain from the nominating authority and complete nomination Form No. 8B as prescribed in the First Schedule to these Regulations. Submission of nomination forms the - 25
AI-assisted research summary: A proposed candidate must file a nomination form with the required documents by nomination day, no later than 4:00 p.m.
25.-(1) A proposed candidate shall, on nomination day not later than four o’clock in the afternoon, submit the nominating authority his nomination form together with- to (a) four recent coloured passport size photographs; Subscription to Electoral Code of Conduct and (b) a receipt as proof of deposit of a refundable sum of Tanzanian shillings fifty thousand only. (2) Notwithstanding subregulation (1), where a candidate acquires less than ten percent of the total valid votes cast, the sum deposited with the Commission shall not be refunded. - 26
AI-assisted research summary: The Commission must prepare the Electoral Code of Conduct after consulting political parties and the Government, and specified parties must subscribe to it.
26.-(1) Subject to the provisions of the Act, the Commission shall, upon consultation with political parties and the Government, prepare the Electoral Code of Conduct. (2) The Electoral Code of Conduct referred to under subregulation (1) shall be subscribed by- (a) every political party; (b) every candidate for election; (c) the Government; and (d) the Commission. (3) A proposed candidate shall subscribe to the Electoral Code of Conduct using Form No. 10 as prescribed in the First Schedule to these Regulations. (4) A proposed candidate for election shall obtain Form No. 10 from the Returning Officer or, as the case may be, the Assistant Returning Officer together with in nomination forms regulation 24. the manner as prescribed in 18 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Scrutiny of nomination forms Parliamentar y election of unopposed candidate Display of nomination forms for Parliamentar y Election - 27
AI-assisted research summary: The Returning Officer or Assistant Returning Officer must certify a proposed candidate’s nomination in Form No. 8B if satisfied the candidate qualifies.
27. The Returning Officer or Assistant Returning Officer shall, upon being satisfied that a proposed candidate qualifies to be nominated, certify the nomination in Form No. 8B as prescribed in the First Schedule to these Regulations. - 28
AI-assisted research summary: If there is only one candidate in a constituency, that candidate is treated as duly elected and takes office as a Member of Parliament after taking the oath.
28. Subject to the provisions of the Act, where only one candidate in a constituency, such candidate shall be deemed to be duly elected and shall assume office upon oath as Member of Parliament. is nominated - 29
AI-assisted research summary: The Returning Officer or Assistant Returning Officer must display copies of nomination forms for every nominated candidate on the constituency office notice board by 4:00 p.m. on nomination day.
29. The Returning Officer or Assistant Returning Officer shall, on or before four o’clock in the afternoon of the nomination day, display on the notice board of the constituency office copies of nomination forms of every candidate who has been nominated by the nominating authority. Objection of nomination of Parliamentar y candidate - 30
AI-assisted research summary: Certain election officials or a parliamentary election candidate may object to a parliamentary candidate’s nomination, and the objection must be lodged with the constituency Returning Officer by the stated deadline and form.
30.-(1) Subject to the provisions of the Act, the Director of Elections, Registrar of Political Parties, Returning Officer, Attorney General or a candidate for Parliamentary election may lodge an objection of the nomination of any Parliamentary candidate. (2) A person who intends to object the nomination of a candidate under subregulation (1) shall lodge his objection relevant the Returning Officer of constituency after the display of nomination forms but not later than four o’clock in the afternoon of the day following nomination day. the to (3) The objection made pursuant to subregulation (1) shall be lodged to the Returning Officer by filling in Form No. 9B as prescribed in the First Schedule to these Regulations stating the following- (a) particulars of the objector; (b) particulars of the objected candidate; (c) grounds for objection; (d) date and time of lodging the objection; and 19 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Appeals (e) signature of the objector. (4) The Returning Officer shall, with the least possible delay and before determining the validity of any objection- (a) notify in writing the person to whom the objection is made; and (b) avail such person an opportunity to be heard. (5) Where the Returning Officer makes a decision on any objection, he shall inform the parties concerned of his decision and the reason thereof. (6) Where a Returning Officer has accepted the objection of a candidate, he shall delete the name of such candidate from the list of nominated candidates. - 31
AI-assisted research summary: A person aggrieved by a Returning Officer’s decision may appeal to the Commission within 24 hours, unless the Commission allows more time.
31.-(1) A person who is aggrieved by the decision of the Returning Officer under regulation 30(5) may appeal to the Commission within twenty four hours from the time the decision was delivered or such further period as the Commission may allow. (2) An appeal under subregulation (1) shall be made in Form No.12 as prescribed in the First Schedule to these Regulations, and the form shall be obtained from the Returning Officer. (3) An appellant shall submit the appeal to the Returning Officer who shall receive the appeal on behalf of the Commission. (4) The Returning Officer shall, with the least possible delay and after receiving the appeal under subregulation (3), attach Forms Nos. 8B, 9B and any other necessary documentary evidence relating to the appeal and submit them to the Commission for determination. Determinatio n of Appeals the - 32 Verify source ↗
Nomination forms
AI-assisted research summary: The Commission may summon people for an appeal, decide the appeal, and must notify the parties in writing of its decision and reasons.
32.-(1) The Commission may, before determination of an appeal, summon any person to testify or provide information or clarification in respect of the appeal. (2) The absence of any person summoned pursuant 20 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) to subregulation (1) shall not invalidate the proceedings or decisions of the Commission. (3) In determining an appeal, the Commission may reject or accept the appeal. (4) Where the Commission determines an appeal under subregulation (3), it shall either reinstate or delete the name of the candidate concerned from the list of nominated candidates. (5) The Commission shall, after the determination of an appeal under this regulation, inform the parties in writing of its decision and reasons of the decision thereof. (6) Subject to the provisions of the Act, the decision made by the Commission under these Regulations shall be final and conclusive and shall not be called into question by any court of law, except by way of election petition pursuant to the provisions of the Act. Objection by Registrar of Political Parties and appeal to the objections Cap 278 - 33 Verify source ↗
Objections by Registrar of Political Parties and appeals to objections
AI-assisted research summary: The Registrar of Political Parties may object to a Returning Officer about a Parliamentary candidate, and the objection must be lodged within 14 days after nomination day.
33.-(1) Where a political party or a candidate fails to comply with the provisions of sections 9 and 20 of the Election Expenses Act, the Registrar of Political Parties the objection concerns Parliamentary may, where candidate, make an objection to the Returning Officer. in the determination of objections raised by the Registrar and any subsequent appeals thereafter shall be the procedures stipulated in regulations 31 and 32 respectively, except that the objection by the Registrar shall be lodged not later than fourteen days after nomination day. The procedure followed to be (2) B. Withdrawal, Death or Absence of Candidates Withdrawal of candidates - 34 Verify source ↗
Withdrawal of candidate
AI-assisted research summary: If the Returning Officer is satisfied that a candidate met section 48 requirements, the officer must remove the candidate’s name from the candidate list and notify the Director of Elections as soon as possible. If a candidate withdraws the day after nomination day, the nomination deposit is not refunded and the candidate’s political party cannot replace the candidate.
34.-(1) Subject to the provisions of the Act, where the Returning Officer is satisfied that the candidate has complied with the requirements of section 48 of the Act, he shall delete the name of the candidate from the list of candidates and with the least possible delay, inform the Director of Elections. 21 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Death of candidate (2) Where a candidate withdraws his candidature a day following the nomination day- (a) the deposit paid by him upon nomination shall not be refunded; and (b) there shall be no replacement of a candidate by his political party. - 35 Verify source ↗
Death of candidate
AI-assisted research summary: If a candidate is confirmed dead after nomination day but before polls close, the Returning Officer must countermand the election.
35.-(1) Where it is alleged that a candidate is dead after nomination day and before the close of poll on election day, the Returning Officer shall, upon confirmation of the fact of death, countermand the election. (2) Where an election is countermanded under subregulation (1), the Returning Officer shall immediately inform the Commission, and the party concerned shall nominate a candidate for replacement in the manner provided for under the Act. Absence of candidate - 36 Verify source ↗
Absence of candidate
AI-assisted research summary: If, after nomination day, a constituency has no candidates for election, the Commission must countermand the election.
36. Where after a nomination day, by reason of death, withdrawal or any other reason there are no candidates for election in a constituency, the Commission shall countermand the election in the manner as prescribed in the Act. C. Nomination of Presidential and Vice - Presidential Candidate and Subscription to the Electoral Code of Conduct Nomination of Presidential and Vice - Presidential Candidates - 37
AI-assisted research summary: Sponsored presidential and vice-presidential candidates must give the Commission a party introduction letter, and a proposed presidential candidate must file the nomination form, photos, and a one-million-shilling deposit by 4:00 p.m. on nomination day.
37.-(1) Subject to section 30 of the Act, persons who are sponsored by a political party to contest for the office of the President and the Vice-President respectively shall submit to the Commission, a letter of introduction from the Secretary General of the respective political party and the Commission shall issue that person with Form No. 8A as prescribed in the First Schedule to these Regulations. in subregulation (1) shall be accompanied by Form No. 10 to be subscribed by the proposed Presidential candidate. (2) The Nomination referred form to 22 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (3) The nomination form for Presidential election candidates shall contain the following- (a) personal particulars of the candidate; (b) declaration of a candidate that he qualifies to stand as a candidate for Presidential election; (c) certification by the Secretary General of the political party certifying that the candidate is a member of and sponsored by the political party; (d) declaration, names and registration numbers of registered voters nominating the candidate; (e) a statutory declaration of candidate; and (f) certification by the Commission that a candidate qualifies to be nominated. (4) A proposed candidate for Presidential election shall, on the nomination day, not being later than four o’clock in the afternoon, submit to the Commission his nomination form together with- (a) four recent coloured passport size photographs; and (b) receipt of deposit of a refundable sum of shillings one million. (5) Notwithstanding subregulation (4), where a proposed Presidential candidate acquires less than ten percent of the total valid votes cast, the sum deposited with the Commission shall not be refunded. (6) The Commission shall, upon being satisfied that proposed Presidential candidate qualifies to be nominated, certify the nomination of the candidate in Form No. 8A. Display of nomination form for Presidential and Vice- Presidential candidate - 38 Verify source ↗
candidate
AI-assisted research summary: The Commission must post copies of nomination forms for Presidential and Vice-Presidential candidates on its office notice board by 4:00 p.m. on nomination day.
38. The Commission shall, on or before four o’clock in the afternoon of the nomination day, display on the notice board of the Commission’s office a copy of the nomination form of Presidential and Vice-Presidential candidates who have been nominated by the Commission. Objection of nomination - 39 Verify source ↗
Nomination of Presidential and Vice-Presidential candidates
AI-assisted research summary: This section sets out who may object to a Presidential or Vice-Presidential nomination, how the objection must be filed, and what the Commission must do with it.
39.-(1) An objection of the nomination of a Presidential or Vice Presidential candidate may be lodged 23 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) of Presidential and Vice- Presidential candidate Cap. 278 by another candidate, the Director of Elections, the Registrar of Political Parties or the Attorney General. (2) An objection raised by the Registrar of Political Parties shall only be based on the Election Expenses Act only and shall be in a accordance with the procedure laid down under the Act and these Regulations. (3) Subject to sub-regulation (1), a person other than the Registrar of Political Parties who objects the nomination of any Presidential or Vice-Presidential candidate shall lodge his objection to the Commission after the display of nomination forms, but not later than four o’clock in the afternoon of the day following nomination day. (4) An objection shall be lodged to the Commission in the Form No. 9A as prescribed in the First Schedule to these Regulations stating the following- (a) particulars of the objector; (b) particulars of the objected candidate; (c) the grounds for objection; (d) date and time of lodging the objection; and (e) the signature of the objector. (5) The Commission shall with the least possible delay, before determining the validity of any objection - (a) notify in writing the person against whom the objection is made; and (b) avail such person an opportunity to be heard. (6) Where the Commission decides on any objection, it shall inform in writing the parties concerned of its decision and reasons for the decision. (7) The decision of the Commission under subregulation (6) shall be final and conclusive and shall not be called into questioned by any court of law. (8) Where the objection against a candidate, it shall delete the name of such candidate from the list of nominated candidates. the Commission has accepted D. Election Campaigns 24 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Time for conducting campaign Coordinated campaign programme for Presidential election - 40
AI-assisted research summary: Campaign meetings during a campaign period may be conducted only between 8:00 a.m. and 6:00 p.m.
40. For the purposes of determining hours of a campaign meeting during a campaign period, the time for conducting campaign meetings shall be from eight o’clock in the morning to six o’clock in the evening. - 41
AI-assisted research summary: The Director of Elections must manage Presidential campaign schedules, and political parties and candidates must follow the coordinated campaign programme.
41.-(1) The Director of Elections shall, before the beginning of Presidential election campaigns, require each political party concerned to submit to him the proposed schedule of campaign meetings which the party intends to hold for the purpose of election. (2) Subject to subregulation (1), the political parties which intend to participate in the Presidential election shall submit their proposed schedule of campaign meetings seven days before the nomination day. (3) The proposed schedule of campaign meetings shall specify date, time, region, district and place where such meetings will be conducted. (4) The Director of Elections shall, after receiving the schedules from each political party under subregulation (1), convene a meeting of all political parties or candidates concerned in order to prepare a coordinated programme of campaign meetings. (5) The Director of Elections shall, after preparing a coordinated campaign programme under subregulation (4), distribute copies of the coordinated campaign programme to the following- (a) all political parties contesting in the Presidential election; (b) Regional Election Coordinators; (c) Returning Officers; (d) Regional Commissioners; and (e) the Inspector General of Police for purposes of providing security. (6) A political party or a candidate involved in an election shall comply with the coordinated campaign programme for campaign meetings. 25 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (7) For the coordinated campaign programme shall not include door- to-door canvassing. the purpose of this regulation, Changes in coordinated Campaign programme for Presidential election Coordinated campaign programme for Parliamentar y Election
Part
schedule of campaign meetings which the party intends to
- 42
AI-assisted research summary: A political party planning to change a campaign venue or schedule must notify the Director of Elections in writing. The Director of Elections must then convene a meeting before deciding, and must amend the coordinated campaign programme if amendment is needed.
42.-(1) Where a political party intends to change a campaign venue or schedule, it shall inform the Director of Elections in writing stating the proposed changes and reasons, and the Director of Elections shall before determination, convene a meeting of political parties or candidates concerned to agree on the matter. (2) Where the coordinated campaign programme requires amendment the Director of Elections shall amend it accordingly and inform political parties concerned and officials referred to under regulation 41(5). - 43
AI-assisted research summary: Political parties must submit campaign meeting schedules to the Returning Officer, and the Returning Officer must coordinate and share the campaign programme.
43.-(1) The Returning Officer shall, before the beginning of Parliamentary election campaigns, require each political party concerned to submit to him the proposed schedule of campaign meetings which the party intends to hold for the purpose of election. (2) A political party which intends to participate in election shall, within seven days before the nomination day, submit the proposed schedule of campaign meetings to the Returning Officer. (3) The proposed schedule of campaign meetings shall specify dates, time and places where such meetings will be conducted. (4) The Returning Officer shall, after receiving the proposed schedule of campaign meetings from each political party convene a meeting of all political parties or candidates concerned in order to prepare a coordinated programme of campaign meetings. (5) The Returning Officer shall, after preparing a coordinated programme of campaign meetings under subregulation (4), distribute copies to- (a) political parties involved in election in the constituency; 26 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (b) the District Commissioner; and (c) the Police Officer Commanding District for the purposes of providing security during campaign meetings. (6) A political party or candidate involved in the election shall comply with the coordinated campaign programme. (7) For the coordinated campaign programme shall not include door-to- door canvassing. the purpose of regulation, this Coordinated Campaign programme to constitute sufficient notice Caps 258 and 322 Changes in coordinated campaign programme in Parliamentar y election - 44
AI-assisted research summary: The coordinated campaign programme counts as sufficient notice of proposed meetings for purposes of the cited Acts.
44. The coordinated campaign programme shall constitute sufficient notice of proposed meetings for the purpose of the Political Parties Act, and the Police Force and Auxiliary Services Act. - 45 Verify source ↗
Time for conducting campaign
AI-assisted research summary: If a political party wants to change its campaign venue or schedule, it must promptly notify the Returning Officer in writing with reasons, and the Returning Officer must meet with the relevant parties or candidates and make any needed changes.
45.-(1) Where a political party intends to change its campaign venue or schedule, it shall immediately inform the Returning Officer in writing stating the reasons for the proposed change, and the Returning Officer shall before determination, convene a meeting of political parties or candidates concerned to discuss and agree on the changes. (2) Where the Parliamentary election campaign programme interferes or collides with the coordinated campaign programme for Presidential election in the constituency, the Returning Officer shall immediately convene a meeting with the political parties for the purpose of making necessary modification to the coordinated campaign programme for Parliamentary election. (3) Where in pursuance of subregulation (1) and (2), a coordinated campaign programme requires to be amended; the Returning Officer shall amend it accordingly and notify political parties concerned, the District Commissioner and the Police Officer Commanding District. PART VII 27 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) ELECTION DAY, VOTING, VOTES COUNTING, ADDITION OF VOTES AND DECLARATION OF RESULTS A. Election day and voting Election day
Part
PART VII
- 46
AI-assisted research summary: The Commission must specify the election day under the Act.
46. The election day shall be specified by the Commission as provided for under the Act. Revocation and appointment of another polling day - 47
AI-assisted research summary: If an election cannot happen or is not conducted in a constituency, the Returning Officer must notify the Commission quickly and the Commission must set a new election day.
47.-(1) Where before polling day, an event occurs which prevents an election to take place in a constituency on the appointed day, the Returning Officer shall, with least possible delay, the Commission shall revoke the appointed day and appoint another election day for that particular constituency. the Commission and inform (2) Where on the election day, an election fails to be conducted in a constituency, the Returning Officer shall, with least possible delay, inform the Commission and the Commission shall appoint another election day in respect of that particular constituency. Notice of election - 48
AI-assisted research summary: The Returning Officer must issue a notice of election in the constituency eight days before election day.
48.-(1) A Returning Officer shall issue a notice of election in the constituency eight days before election day. (2) The notice of election under subregulation (1) shall be displayed in conspicuous places at the constituency offices and outside the polling station, and shall contain- (a) the date and time for commencement and close of poll; (b) the address of each polling station in the constituency; (c) number of voters assigned to each polling station; and (d) the full names, a recent photograph of the candidate and acronym or logo of the political party sponsoring the candidate. Polling stations - 49
AI-assisted research summary: The Commission must use registration centers it established as polling stations and must tell the Returning Officer how many polling stations and voters are allocated in each polling district.
49.-(1) The registration centers established by the Commission shall be used as polling stations. 28 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (2) The Commission shall inform the Returning Officer the number of polling stations in a polling district and the number of voters allocated to each polling station. Polling agents - 50
AI-assisted research summary: Returning Officers, political parties, and polling agents must exchange polling-station information on set deadlines, and polling agents must take a secrecy oath before entering a polling station.
50.-(1) A Returning Officer shall within fourteen days before polling day or such other period to be directed by the Commission, issue to candidates or political parties names and addresses of polling stations. (2) For the purpose of subregulation (1), a political party participating in an election shall, subject to the provisions of the Act and not later than seven days before election day, inform in writing the Returning Officer the names and addresses of polling agents and their respective polling stations. (3) The Returning Officer shall, after receiving the information under subregulation (2), inform the presiding the polling agents officers or polling assistants of authorized to be at each polling station. (4) The polling agent shall, seven days before polling day, take an oath of secrecy before the Returning Officer in Form No. 6 as prescribed in the First Schedule to these Regulations. (5) No polling agent shall be allowed to be at the polling station without having taken an oath of secrecy. (6) Subject to subregulation (2), the information of a polling agent shall be accompanied by - (a) two recent coloured passport size photographs; (b) a copy of national identity card; (c) a copy of voters’ card; or (d) a copy of the passport that provides for personal particulars. (7) The Returning Officer shall prepare a list of polling agents for each polling station and attach introductory letters, photographs or copies of documents named under subregulation (6) to serve as an introduction of polling agents at the polling stations. (8) The introduction of polling agents under 29 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) subregulation (7) shall be sufficient evidence of identity of the polling agents. (9) Where a poling agent is introduced in terms of subregulation (8)- (a) no copy of Form No. 6 shall be issued for the purpose of identification; and (b) the production of any other form of identification at the polling station shall not be required. (10) Without prejudice to the preceding provisions, where a political party has already appointed a polling agent in respect of a polling station for presidential election, the political party shall not appoint another polling agent at the same polling station within the ward where there is a parliamentary election candidate or a Councilor’s election candidate of the same party contesting an election. - 51
AI-assisted research summary: The Commission must supply election equipment and material to Returning Officers, and the Returning Officer or Assistant Returning Officer must distribute it to each presiding officer by the day before the election. Presiding officers must keep it in safe custody.
51.-(1) All election equipment and material shall be supplied by the Commission to the Returning Officers, and the Commission or the Director of Elections shall issue directives relating to utilization, distribution and safe custody of such election equipment and material. (2) The Returning Officer or Assistant Returning Officer shall, not later than one day before the election day, distribute or cause to be distributed election equipment and material to each presiding officer. (3) The distribution of election equipment and material under this regulation shall be issued in writing, and all the election equipment and material shall be kept in safe custody by the presiding officer. the polling station shall, before - 52 Verify source ↗
Election day
AI-assisted research summary: Polling agents must record satisfaction in Form No. 14, and dissatisfied polling agents must file a complaint in Form No. 14 with the presiding officer or polling assistant before voting starts.
52.-(1) A polling agent who is satisfied with the preparation of the commencement of voting, state his satisfaction in Form No. 14 as prescribed in the First Schedule to these Regulations. (2) A polling agent who is dissatisfied with the the station preparation of polling shall, before 30 Distribution and custody of election equipment and material Satisfaction or dissatisfactio n of polling agents on preparation of voting National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) commencement of the voting, lodge with the presiding officer or polling assistant, as the case may be, a complaint in Form No. 14 as prescribed in the First Schedule to these Regulations. (3) The presiding officer or polling assistant shall, upon receipt of complaints under subregulation (2), resolve and indicate on the same Form No. 14 the manner in which he has dealt with the complaint. - 53
AI-assisted research summary: A voter who has already voted and is unhappy with how voting was conducted at the polling station may complain to the presiding officer using Form No. 15. The presiding officer must resolve the complaint and note how it was handled on that form.
53.-(1) A voter who has already voted and is not satisfied with the conduct of voting in the polling station may lodge a complaint with presiding officer using Form No. 15 as prescribed in the First Schedule to these Regulations. (2) The presiding officer shall, upon receipt of complaints under subregulation (1), resolve the matter and indicate on the same Form No. 15 the manner in which he has dealt with the complaint. - 54
AI-assisted research summary: A voter with a disability or who cannot read may choose someone other than election officials to help record the vote, and on request the presiding officer or polling assistant must place the ballot paper in a tactile ballot folder and give it to the voter.
54. Where a voter who intends to vote is incapacitated by a disability or is unable to read- (a) that voter may ask a person of his own choice other than a presiding officer, a polling assistant or a polling agent, to assist such person to record his vote the provisions of the Act; and in accordance with (b) upon request by the voter, the presiding officer or polling assistant shall insert a ballot paper into tactile ballot folder and issue to such voter for the purposes of voting. Dissatisfactio n of voter on voting process Voting by persons with disability or persons unable to read Voters’ fingers to be marked with indelible ink - 55
AI-assisted research summary: If a voter has put the ballot paper into the relevant ballot box, the presiding officer or polling assistant must mark that voter’s finger with indelible ink before the voter leaves the polling station.
55. Where a voter has inserted the ballot paper into the relevant ballot box, the presiding officer or polling assistant shall cause the finger of such voter to be marked with indelible ink before the voter leaves the polling station. 31 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) Voting at polling station other than at allocated one - 56
AI-assisted research summary: Some registered voters and candidates may be authorized by the Returning Officer to vote at a different polling station.
56.-(1) A registered voter in a polling district employed as a presiding officer, polling assistant, direction clerk, polling agent, election officer or a person responsible for maintaining security at the polling station other than at the polling station allocated to him may, through Form No. 18 as prescribed under the First Schedule to these Regulations, be authorized by the Returning Officer to vote at any other polling station in the polling district. (2) Where a registered voter in a constituency is a candidate and wishes to vote at a polling station not allocated to him, the Returning Officer may, through Form No. 19 as prescribed in the First Schedule to these Regulations, authorize such candidate to vote at any other polling station within the constituency. Voting to be conducted secretly - 57
AI-assisted research summary: Voting must be secret, and voters may not add identifying marks or writing when casting a vote.
57. Voting shall be conducted secretly, and a voter in casting his vote, shall not be allowed to place any mark or writing by which he may be identified. Closing of poll - 58
AI-assisted research summary: A polling agent must record any satisfaction or complaint in Form No. 14 before the polling station closes, and the presiding officer must resolve any complaint and note how it was handled in the same form.
58.-(1) A polling agent for each candidate shall, before closing of the polling station, record his satisfaction or complaint in Form No.14 as prescribed in the First Schedule to these Regulations. (2) A presiding officer shall, upon receipt of complaint lodged in terms of subregulation (1) resolve the complaint and indicate in the same Form No. 14 in the manner in which the complaint has been dealt with. Ballot paper count
Part
Schedule to these Regulations.
- 59
AI-assisted research summary: A presiding officer must record the ballot paper count in Form No. 13 before and after voting, showing issued, used, spoilt, and unused ballot papers.
59.-(1) A presiding officer shall, before and after completion of voting, record the ballot paper count in Form No. 13 as prescribed in the First Schedule to these Regulations indicating- (a) ballot papers issued to him by the Returning Officer; (b) used ballot papers; (c) spoilt ballot papers; and (d) unused ballot papers. 32 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (2) The ballot paper count form referred to under subregulation (1) shall be submitted to the Returning Officer. Adjournment of polling - 60 Verify source ↗
Dissatisfaction of voter on voting process
AI-assisted research summary: If polling is interrupted by riot or open violence and some voters have not finished, the presiding officer must adjourn the proceedings until the next day and notify the Returning Officer immediately.
60.-(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence and there are still voters who have not completed the voting process, the presiding officer shall adjourn the proceedings until the following day and shall immediately give notice to the Returning Officer. (2) Where the poll is adjourned at any polling station, the hours of polling on the day to which it is adjourned shall be the same as for the original polling day. (3) Where voters present during the incidences described in subregulation (1) have completed voting, the polling process with regard to those voters shall be deemed to have been completed. B. Votes Counting, Addition and Declaration of Results Votes counting - 61
AI-assisted research summary: The presiding officer must count all votes at the polling station immediately after the poll closes, with counting agents or alternate counting agents present.
61. The presiding officer shall, immediately after closing of the poll and in the presence of counting agents or alternate counting agents, count all votes at the polling station. Satisfaction or dissatisfactio n of counting agents or candidates - 62
AI-assisted research summary: A polling agent must complete Form No. 16 after the votes are counted, whether or not they are satisfied with the count.
62.-(1) A polling agent, whether satisfied or dissatisfied with the counting of votes, shall complete Form No. 16 as prescribed in the First Schedule to these Regulations. (2) The presiding officer or polling assistant shall, upon completion of the requirement under subregulation (1) and in the case of dissatisfaction by polling agent, make determination and indicate in the same Form No. 16 the manner in which he has dealt with the matter. Polling station - 63
AI-assisted research summary: After vote counting, the presiding officer must record and report the election results, prepare a polling station report, and submit the specified forms, materials, and ballot boxes to the Returning Officer or Assistant Returning Officer.
63.-(1) The presiding officer at a polling station shall, after counting votes cast, record election results for 33 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) election results and report of presiding officer the polling station in respect of Presidential election and Parliamentary election in Forms Nos. 21A and 21B respectively as prescribed in the First Schedule to these Regulations. (2) The election results forms for each election shall be signed by the presiding officer or, as the case may be, a polling assistant and polling agents or candidates, and where the results forms are available in sufficient number, the polling agent or candidate may be given a copy of the forms. (3) The presiding officer shall, after the conclusion of the counting exercise, prepare a polling station report in Form No. 20 as prescribed in the First Schedule to these Regulations. (4) The presiding officer or polling assistant shall submit to the Returning Officer or, as the case may be, the the Assistant Returning Officer following- the constituency in (a) polling station election results in Forms Nos. 21A and 21B; (b) a polling station report in Form No. 20 which shall include- (i) completed Forms Nos. 14 and 16 information relating to the indicating satisfaction or dissatisfaction of polling agents or candidates and in the case of dissatisfaction, the manner in which the matter was dealt with; (ii) a voters’ declaration, if any, made in Form No. 17 as prescribed in the First Schedule to these Regulations; (iii) Form No. 15 containing voters’ complaint, if any, regarding the polling process and the manner in which it was dealt with; the unused Forms Nos. 14,15,16 and 17; the ballot paper count Form No. 13; (iv) (v) 34 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (vi) the counterfoils of ballot papers; (vii) unused or spoilt ballot papers, if any; (viii) Register of Voters; and (ix) certificate authorizing election officer, polling agents or candidates to vote at the polling station, if any; (c) the ballot boxes containing votes; and (d) any other election equipment and material entrusted to him for the purposes of polling exercise. Notice of addition of vote
Part
Schedule to these Regulations;
- 64
AI-assisted research summary: The Returning Officer must notify political parties or candidates of the date, time, and venue for addition of all votes cast after receiving election results from all polling stations in the constituency.
64. The Returning Officer shall, after receiving the election results from all polling stations within constituency, notify political parties or candidates as to the date, time and venue for addition of all votes cast. Determinatio n of disputed votes Addition of votes - 65
AI-assisted research summary: The Returning Officer or Assistant Returning Officer must decide disputed votes before votes are added, record the results in the specified forms, and arrange for signatures if candidates or their agents are present. They may also give each candidate or their agent a copy of the forms.
65.-(1) Subject to the provisions of the Act, the Returning Officer or Assistant Returning Officer, as the case may be, shall determine validity of disputed votes before the addition of votes and record the results in Part B of Form Nos. 21A and 21B respectively as prescribed in the First Schedule to these Regulations indicating the number of disputed votes garnered by each candidate and cause the forms to be signed by candidates or political parties’ agents, if present. (2) The Returning Officer or Assistant Returning Officer, as the case may be, may issue to each candidate or to under his agent a copy of subregulation (1). the forms referred - 66
AI-assisted research summary: The Returning Officer must add votes from all polling stations in the presence of candidates or party agents, if any. Candidates or appointed agents may not be present unless they have taken the prescribed oath of secrecy.
66.-(1) Subject to regulation 64, the Returning Officer shall conduct the addition of votes from all polling stations within the presence of candidates or agents of political parties, if any. the constituency in (2) A candidate or a person appointed to be an agent shall not be allowed to be present at the addition of votes unless he has taken an oath of secrecy in Form No. 6 35 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) as prescribed in the First Schedule to these Regulations. Partial Presidential election results Announceme nt of partial Presidential election results by Commission - 67
AI-assisted research summary: After votes are added for a Presidential election, the Returning Officer must record the partial results in Form 24A, give copies to each candidate or agent, display the form at constituency offices, and immediately send the partial results to the Commission.
67.-(1) The Returning Officer shall after the addition of votes for Presidential election- (a) record the partial results of the Presidential election in the constituency in Form No. 24A as prescribed these Regulations; the First Schedule in to (b) issue to every candidate or his agent a copy of Form No. 24A; (c) display a copy of Form No. 24A at the notice board of constituency offices; and (d) immediately submit to the Commission the partial results of the Presidential election in the constituency in the prescribed forms. (2) For the purpose of this regulation, “partial results” means Presidential election results of a particular constituency. - 68
AI-assisted research summary: The Commission must verify partial Presidential election results and then announce, record, declare, distribute, and display the results, and issue a certificate to the elected candidate.
68.-(1) The Commission shall, after receiving partial Presidential election results submitted to it under regulation 67, and upon verification, announce results of the Presidential election for that constituency. (2) The Commission shall, before receiving partial results for the Presidential election from all constituencies, notify political parties or candidates concerned as to the date, time and venue for addition of votes. (3) The Commission shall add together all the respective total of partial results for each candidate submitted to it by the Returning Officers. (4) The Commission shall, after addition of partial election results under sub-regulation (3)- (a) record the Presidential election results in Form No. 27 as prescribed in the First Schedule to these Regulations; (b) declare a candidate to whom the majority of valid votes have been cast to be an elected 36 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) President; (c) issue to every candidate or his agent a copy of Form No. 27; and (d) display a copy of Form No. 27 on the notice board of the Commission offices. (5) The Commission shall, immediately after the declaration of results under this regulation, issue a certificate as prescribed under the second Schedule to these Regulations to the elected candidate indicating- (a) full names of the elected candidate; (b) date of election; (c) the title acquired by the elected candidate; and (d) the signature of the Chairman or Vice Chairman of the Commission. Declaration of Parliamentar y election results - 69 Verify source ↗
Votes counting
AI-assisted research summary: The Returning Officer must record and sign constituency results, have candidates or agents sign the results form, give copies to present candidates or their agents, declare the winner, display the results, issue a certificate of election immediately after declaration, and forward the results to the Commission.
69.-(1) The Returning Officer shall, after the the addition of votes from all polling stations constituency- in (a) record the election results in Form No. 24B as these the First Schedule prescribed Regulations and sign the form; to in (b) require the candidates or their agents if any, to sign Form No. 24B; (c) issue to every present candidate or his agent a copy of election results recorded in Form No.24B; (d) declare a candidate for whom the majority of valid votes have been cast to be an elected candidate in the constituency; and (e) display a copy of results recorded in Form No. 24B on the notice board of the constituency offices. (2) The Returning Officer shall, immediately after declaration of results under subregulation (1), issue to an elected candidate a certificate of election as prescribed these Regulations. the Second Schedule to in 37 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) (3) The certificate of election under subregulation (2) shall contain- (a) full names of the elected candidate; (b) date of election; (c) title acquired by the elected candidate; and (d) signature of the Returning Officer. (4) The Returning Officer shall, after the declaration of results at the constituency, forward the results to the Commission. PART VIII DECLARATION OF PARLIAMENTARY CANDIDATES FOR WOMEN SPECIAL SEATS Women special seats Cap. 278
Part
PART VIII
- 70 Verify source ↗
Women special seats
AI-assisted research summary: Political parties contesting parliamentary elections after the National Assembly is dissolved may submit names of eligible women candidates for women special seats to the Commission.
70.-(1) Subject to the provisions of the Act, every political party which contests for Parliamentary elections held after the dissolution of the National Assembly may propose and submit to the Commission names of eligible women candidates for nomination as Members of Parliament for women special seats. (2) The requirements for submission of the proposed names of eligible women for special seats as prescribed in the Act shall be made through the submission to the the completed Commission or Returning Officer of nomination Form No. 8D as prescribed in the First Schedule to these Regulations and the form shall be obtained from the Commission or the Returning Officer. (3) The names of candidates submitted to the Commission under subregulation (2) shall be subjected to the compliance of the Election Expenses Act. PART IX MISCELLANEOUS PROVISIONS Non- attendance of agents or candidate not
Part
PART IX
- 71
AI-assisted research summary: If an act is supposed to be done in the presence of a polling agent, counting agent, or candidate, their absence does not invalidate it if the act was otherwise properly done.
71. Where in these Regulations, any act or thing is required or authorized to be done in the presence of a polling agent or a counting agent or candidate, the non- 38 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) to invalidate proceedings attendance of any such agents or candidate at the time and place appointed for that purpose shall not, if the act or thing is otherwise properly done, invalidate the act or thing done. Disbursement of funds and statement of expenditure Safe custody of election equipment and material Cap. 410 Disciplinary and legal measures - 72
AI-assisted research summary: The Director of Elections must provide funds to Regional Election Coordinators and Returning Officers, and those officers must account for election spending and file an expenditure statement on time.
72.-(1) The Director of Elections shall disburse funds to Regional Election Coordinators and Returning Officers for the purpose of facilitating the conduct of elections. (2) The expenditure of funds for election by the Regional Election Coordinator and the Returning Officer shall be in accordance with the laws governing public finances and directives of the Director of Elections. (3) Every Regional Election Coordinator or Returning Officer shall, immediately after finalizing all the electoral activities and in not more than two months after declaration of results, prepare and submit to the Director of Elections the statement of expenditure in respect of funds disbursed to him for purposes of conducting elections. - 73
AI-assisted research summary: A Regional Election Coordinator or Returning Officer must keep remaining or unused electoral equipment and material in safe custody after the election is finalized.
73. Subject to the provisions of the Act, the Public Procurement Act, and directives of the Director of Elections, a Regional Election Coordinator or Returning Officer shall, after the finalization of election, keep in safe custody the remaining or unused electoral equipment and material which were handed over to him for the purposes of elections. - 74
AI-assisted research summary: If a Regional Election Coordinator or Returning Officer breaches regulations 72 or 73, the Director of Elections must ask the Minister to take disciplinary action, and the Commission may take other legal measures.
74.-(1) Where the Regional Election Coordinator or a Returning Officer fails to comply with regulations 72 and 73, the Director of Elections shall request the Minister to take disciplinary measures against such officer. subregulation the Commission shall not be precluded from taking any other legal measures against an officer referred to under subregulation (1), whenever it deems appropriate. (2) Notwithstanding (1), Other election - 75
AI-assisted research summary: The Commission, election procedures officers, candidates, and political parties must follow the Constitution of the United Republic, the Act, and any other directives issued by the Commission.
75. In these Regulations, the Commission, election 39 National Elections (Presidential And Parliamentary Elections) GN. No. 402 (contd.) procedures officers, candidate and political parties shall, observe the provisions of the Constitution of the United Republic, the Act and any other directives as may be issued by the Commission. Offences and penalties - 76
AI-assisted research summary: A person who breaches these Regulations commits an offence and is punishable under the Act.
76. A person who contravenes the provisions of these Regulations commits an offence and shall be punishable under the Act. Forms and certificates - 77
AI-assisted research summary: Prescribed forms and certificates must be in English and Kiswahili. Some election forms and certificates used by the Commission are treated as issued under the First and Second Schedules.
77.-(1) The forms and certificates as prescribed in the First Schedule and Second Schedule shall be in English and Kiswahili. (2) The forms and certificates other than those prescribed under these Regulations which are used by the Commission for the purposes of elections shall be deemed to be forms and certificates issued under the First and Second Schedules to these Regulations. Revocation G.N No. 307 of 2015 - 78 Verify source ↗
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AI-assisted research summary: This section revokes the National Elections (Presidential and Parliamentary Elections) Regulations, 2015.
78. The National Elections (Presidential and Parliamentary Elections) Regulations, 2015 are hereby revoked. 40
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The National Election (President and the Parliamentary Elections) Regulations, 2020
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