Chapter Six: Leadership and Integrity

CHAPTER SEVEN

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE

Part 1–Electoral system and process

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General principles for the electoral system

  1. The electoral system shall comply with the following principles––

    1. freedom of citizens to exercise their political rights under Article 38;{political rights}

    2. not more than two-thirds of the members of elective public bodies shall be of the same gender;

    3. fair representation of persons with disabilities;

    4. universal suffrage based on the aspiration for fair representation and equality of vote; and

    5. free and fair elections, which are–

      1. by secret ballot;

      2. free from violence, intimidation, improper influence or corruption;

      3. conducted by an independent body;

      4. transparent; and

      5. administered in an impartial, neutral, efficient, accurate and accountable manner.

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Legislation on elections

  1. Parliament shall enact legislation to provide for–

    1. the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies;

    2. the nomination of candidates;

    3. the continuous registration of citizens as voters;

    4. the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and

    5. the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote.

  2. Legislation required by clause (1) (d) shall ensure that voting at every election is–

    1. simple;

    2. transparent; and

    3. takes into account the special needs of–

      1. persons with disabilities; and

      2. other persons or groups with special needs.

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Registration as a voter

  1. A person qualifies for registration as a voter at elections or referenda if the person–

    1. is an adult citizen;

    2. is not declared to be of unsound mind; and

    3. has not been convicted of an election offence during the preceding five years.

  2. A citizen who qualifies for registration as a voter shall be registered at only one registration centre.

  3. Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.

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Candidates for election and political parties to comply with code of conduct

  • In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

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Eligibility to stand as an independent candidate

  1. Any person is eligible to stand as an independent candidate for election if the person –

    1. is not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and

    2. satisfies the requirements of––

      1. Article 99 (1) (c) (i) or (ii), {Qualifications and disqualifications for election as member of Parliament}in the case of a candidate for election to the National Assembly or the Senate, respectively; or

      2. Article 193 (1) (c) (ii), {Qualifications for election as member of county assembly} in the case of a candidate for election to a county assembly.

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Voting

  1. At every election, the Independent Electoral and Boundaries Commission shall ensure that–

    1. whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;

    2. the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;

    3. the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and

    4. appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

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Electoral disputes

  1. Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.

  2. Petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission.

  3. Service of a petition may be direct or by advertisement in a newspaper with national circulation.


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