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CHAPTER SEVEN

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE

Part 2–Independent Electoral and Boundaries Commission and delimitation of electoral units

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Independent Electoral and Boundaries Commission

  1. There is established the Independent Electoral and Boundaries Commission.

  2. person is not eligible for appointment as a member of the Commission if the person–

    1. has, at any time within the preceding five years, held office, or stood for election as–

      1. a member of Parliament or of a county assembly; or

      2. member of the governing body of a political party; or

    2. holds any State office.

  3. A member of the Commission shall not hold another public office.

  4. The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for–

    1. the continuous registration of citizens as voters;

    2. the regular revision of the voters' roll;

    3. the delimitation of constituencies and wards;

    4. the regulation of the process by which parties nominate candidates for elections;

    5. 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;

    6. the registration of candidates for election;

    7. voter education;

    8. the facilitation of the observation, monitoring and evaluation of elections;

    9. the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election;

    10. the development of a code of conduct for candidates and parties contesting elections; and

    11. the monitoring of compliance with the legislation required by Article 82 (1) (b) {Legislation on elections} relating to nomination of candidates by parties.

  5. The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.

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Delimitation of electoral units

  1. There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97 (1) (a) {Membership of the National Assembly}.

  2. The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.

  3. The Commission shall review the number, names and boundaries of wards periodically.

  4. If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.

  5. The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of–

    1. geographical features and urban centres;

    2. community of interest, historical, economic and cultural ties; and

    3. means of communication.

  6. The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than–

    1. forty per cent for cities and sparsely populated areas; and

    2. thirty per cent for the other areas.

  7. In reviewing constituency and ward boundaries the Commission shall––

    1. consult all interested parties; and

    2. progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.

  8. If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards.

  9. Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication.

  10. A person may apply to the High Court for review of a decision of the Commission made under this Article.

  11. An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed.

  12. For the purposes of this Article, "population quota" means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article.

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Allocation of party list seats

  1. Elections for the seats in Parliament provided for under Articles 97(1) (c) {Membership of the National Assembly} and 98 (1) (b), (c) and (d), {Membership of the Senate} and for the members of county assemblies under 177 (1) (b) and (c), {Membership of county assembly} shall be on the basis of proportional representation by use of party lists.

  2. The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that–

    1. each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;

    2. except in the case of the seats provided for under Article 98 (1) (b), {Membership of the Senate} each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and

    3. except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.

  3. The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election.


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