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Elections Act

Elections Act

Section 22 (1) of the Elections Act (Cap 7 Laws Of Kenya)  states that a person may be nominated as a candidate for an election only if that person—

  1. is qualified to be elected to that office under the Constitution and this Act; and
  2. holds a certificate, diploma or other post secondary school qualification acquired after a period of at least three months study, recognized by the relevant Ministry and in such manner as may be prescribed by the Commission under this Act. In the case of a President, Deputy President, County Governor or Deputy County Governor the person may be nomited if the person is a holder of a degree from a university recognised in Kenya.

Article 85 of the Constitution of Kenya 2010 states that Any person is eligible to stand as an independent candidate for election if the person 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.

The Next General Election is Scheduled for the Second Tuesday of August 2017.

Section 43(5) of the Elections Act 2011 states that “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”. But this does not apply to the President; the Deputy President; Member of Parliament; a County Governor; a Deputy County Governor; and a Member of a County Assembly.

 

Qualifications:

1. Must be a Kenyan citizen by birth

2. Must not hold dual citizenship

3. Must not owe allegiance to a foreign state

4. Must be qualified to stand for election as a member of Parliament

5. Must be a registered voter

6. Must be a holder of a degree from a University recognized in Kenya

7. Must be nominated by a Political Party or is an independent candidate

Requirements:

A Party Candidate or an Independent Candidate or their authorized agent must submit the following documents to the Commission during the Commission Nomination:

  1. Certified copy of a degree certificate in accordance with Section 22(2) of the Elections Act, 2011 and Regulation 47 of Elections (General) Regulations, 2012. Where the body that issued the degree certificate is not based in Kenya, a certified copy of the certificate must be authenticated and/or equated by the Commission for Higher Education.
  2. A certified copy of a national identity card/valid passport (the document used by the candidate to register as a voter)
  3. A passport size photograph of the candidate for election as president
  4. If the candidate was a public officer, a letter of discharge from the employer confirming that he or she was not in employment. This requirement does not apply to the Prime Minister, Deputy Prime Minister and Member of Parliament
  5. If a Party Candidate, a Nomination Certificate from a fully registered political party nominating the candidate, duly signed by an authorized official of the party
  6. A duly signed Code of Conduct (Second Schedule of the Elections Act, 2011)
  7. A duly filled Commission Nomination Form 12, including:
    1. An original Statutory Declaration Form made not earlier than one month before the nomination day [Regulation 18(3) of the Elections (General) Regulations, 2012]
    2. An original Self-Declaration Form [Regulation 46 of the Elections (General) Regulations, 2012] as prescribed in the First Schedule of the Leadership and Integrity Act, 2012
    3. For both Party and Independent Candidates, a soft and a hard copy of a list of at least 2000 supporters from a majority of the counties in the prescribed form, submitted to the Commission Headquarters [Regulation 18(1) of the Elections (General) Regulations, 2012]. The supporters of a Party Candidate must be members of the candidate’s party while those of an Independent Candidate must not be members of any political party
    4. The names of a proposer and a seconder who shall be registered voters:  
      • In the case of a Party Candidate, the proposer and seconder must be members of the candidate’s party [Regulation 38(b) of the Elections (General) Regulations, 2012]
      • In the case of an Independent Candidate, the proposer and seconder must not be members of any political party [Regulation 39(c) of the Elections (General) Regulations, 2012]
  8. Additional requirements for Independent Candidates:
    1. A Clearance Certificate from the Registrar of Political Parties certifying that the person was not a member of any political party for the last 3 months before the elections - [Regulation 15(a) of the Elections (General) Regulations, 2012]
    2. A duly filled Form of Intention to Contest in the prescribed form [Regulation 15(b) of the Elections (General) Regulations, 2012]
    3. A symbol that the candidate intends to use during the election, which has been approved by the Commission, in accordance with Section 32 of the Elections Act, 2011
    4. Establish and maintain a functioning office within Kenya, which must be available for inspection by the Commission. The 3 address, including the physical address of the office must be communicated to the Commission [Regulation 20(1) and (2) of the Elections (General) Regulations, 2012]
  9. Nomination fees in a Banker’s Cheque payable to IEBC:
    • Kshs. 100,000 for a candidate who is a woman, a person with a disability or youth. Youth means an adult below the age of 35 years
    • Kshs. 200, 000 for any other candidate

 

 

Qualifications:

1. Must be a Kenyan citizen for at least 10 years before the election

2. Must not hold dual citizenship

3. Must not owe allegiance to a foreign state

4. Must be a registered voter

5. Must be nominated by a Political Party or is an independent candidate

Requirements:

A Party Candidate or an Independent Candidate or their authorized agent must submit the following documents to the Commission during the Commission Nomination:

  1. A certified copy of a national identity card/valid passport (the document used by the candidate to register as a voter)
  2. A passport size photograph
  3. If a Party Candidate, a Nomination Certificate from a fully registered political party nominating the candidate, duly signed by an authorized official of the party
  4. A duly signed Code of Conduct (Second Schedule of the Elections Act, 2011)
  5. A duly filled Commission Nomination Form 15, including:
    1. An original Statutory Declaration Form [Regulation 41 of the Elections (General) Regulations, 2012]
    2. An original Self-Declaration Form [Regulation 46 of the Elections (General) Regulations, 2012] as prescribed in the First Schedule of the Leadership and Integrity Act, 2012
    3. The names of a proposer and a seconder who shall be registered voters in the respective electoral area:
      • In the case of a Party Candidate, the proposer and seconder must be members of the candidate’s party [Regulation 38(b) of the Elections (General) Regulations, 2012]
      • In the case of an Independent Candidate, the proposer and seconder must not be members of any political party [Regulation 39(c) of the Elections (General) Regulations, 2012] 
  6. Additional requirements for Independent Candidates:
    1. A Clearance Certificate from the Registrar of Political Parties certifying that the person was not a member of any political party for the last 3 months before the elections [Regulation 15(a) of the Elections (General) Regulations, 2012]
    2. A soft and a hard copy of a list of at least 1000 supporters in the prescribed form:
      • to the Constituency Returning Officer, for the candidate for election as a member of the National Assembly
      • to the County Returning Officer, for the candidate for election as a County Woman Representative to the National Assembly
    3. A duly filled Form of Intention to Contest in the prescribed form [Regulation 15(b) of the Elections (General) Regulations, 2012]
    4. A symbol that the candidate intends to use during the election, which has been approved by the Commission, in accordance with Section 32 of the Elections Act, 2011
    5. Establish and maintain a functioning office in the respective electoral area where the candidate is contesting, which must be available for inspection by the Commission. The address, including the physical address of the office must be communicated to the Commission.
  7. Nomination fees in a Banker’s Cheque payable to IEBC:
    • Kshs. 10,000 for a candidate who is a woman, a person with a disability or youth. Youth means an adult below the age of 35 years
    • Kshs. 20, 000 for any other candidate

Section 74 of Elections Act -

Settlement of Disputes

  1. Pursuant to Article 88(4)(e) of the Constitution, the Independent Election and Boundaries 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.
  1. An electoral dispute under subsection (1) shall be determined within seven days of the lodging of the dispute with the Commission.

-         Article 87 of the Constitution is another provision that has a bearing on electoral dispute resolution. This Article makes three critical provisions.

First, it vests in parliament an obligation to enact legislation to establish mechanisms for timely settling of electoral disputes. It follows that every legislation that parliament enacts which provides a mechanism for resolution of any aspect of electoral disputes has to pass the “timeliness” test in its prescriptions.

Second, Article 87 of the Constitution prescribes the timeframe within which election petitions (other than presidential elections) have to be filed, that is, 28 days after declaration of the election results by the IEBC.

Finally, Article 87 of the Constitution delves into an essentially procedural issue with regard to election petitions. This is the issue of service of election petitions. It decrees that service of a petition   may   be   direct   or   by   advertisement   in   a   newspaper   with   national   circulation.

Article 163 (3) The Supreme Court shall have—

  1. exclusive

‘By virtue of the Article 163(3), Article 140 of the Constitution and Supreme Court (Presidential Election Petition) Rules, 2013, jurisdiction (the power to hear and determine) presidential election petition was with the Supreme Court and was only to be invoked after the declaration of the outcome of the elections.

The Supreme Court had the powers to exercise exclusive original jurisdiction when dealing with issues as to the validity of the presidential election.

Exclusive jurisdiction means a court’s power to adjudicate an action or class of actions to the exclusion of all other courts. The exercise of the original jurisdiction was to be attended with considerations of the public interest, justice and constitutional integrity and the court’s decision ought to have served the cause of upholding the purpose and intent of the Constitution.’ (Isaac Aluoch Polo Aluochier v Independent Electoral and Boundaries Commission & 19 Others [2013] eKLR).

Rule 12 of the Supreme Court (Presidential Election Petition) Rules, 2013 provided a variety of circumstances under which disputes arising out of a presidential election could be raised at the Supreme Court:

a) the validity of the conduct of a presidential election;

b) the validity of the qualification of a president-elect;

c) the commission of an election offence as provided for under Part VI of the Elections Act;

d) the validity of the nomination of a presidential candidate; or

e) any other ground that the court deemed sufficient provided such ground shall not be frivolous, vexatious or scandalous.

 

Article 140 of the Constitution:

  1. A person may file a petition in the Supreme court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.
  2. Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final.

In accordance with section 75 (1A) of the Elections Act and Rule 6(1) of the Elections(Parliamentary and County Elections) Petition Rules(Rules), 2013, the proper court to hear and determine a petition questioning the validity of the election of a member of a county assembly was a Resident Magistrate’s Court designated by the Chief Justice. An appeal is then taken to the High Court as per section 75 (4) of the Elections Act.

 

The proper court to hear and determine a petition questioning the validity of the election of a member of the National assembly(Member of Parliament or Senator) or Governor is the High Court.

Section 85A of the Election Act states: ‘An appeal from the High Court in an election petition concerning membership of the National Assembly, Senate or the office of county Governor shall lie to the Court of Appeal on matters of law only and shall be:

(a) filed within thirty days of the decision of the High Court; and

(b) heard and determined within six months of the filing of the appeal.’


Article 38 (3) of the Constitution states that every adult citizen has the right, without unreasonable restrictions—

(a) to be registered as a voter;

(b) to vote by secret ballot in any election or referendum;

 

Who Can Register As A Voter?

Under Article 83 (1)  of the Constitution, a person qualifies for registration as a voter at elections or referenda if the person—

(a) is an adult citizen;

(b) is not declared to be of unsound mind; and

(c) has not been convicted of an election offence during the preceding five years.

  • A citizen who qualifies for registration as a voter shall be registered at only one registration centre.
  • Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and should not deny, an eligible citizen the right to vote or stand for election.
  • Section 5 of the Elections Act (Cap 7 Laws of Kenya) states 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.
  •  A citizen who has attained the age of eighteen years and has registered for an identification card and is in the possession of an acknowledgement of registration certificate (waiting card for the ID) should, upon application, be registered as a voter using the acknowledgement of registration certificate, but may only vote using an identification card.

 


The Independent Electoral and Boundaries Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by the Constitution. For further information and help in this area, you may contact them as below:

Independent Electoral and Boundaries Commission 
University Way, Anniversary Towers, 6th Floor, 
P.O Box 45371 - 00100, Nairobi. 
Tel No: (254) 020 - 2877000 
Email Address: [email protected] 

 

Qualifications:

1. Must be a Kenyan citizen for at least 10 years before the election

2. Must not hold dual citizenship

3. Must not owe allegiance to a foreign state

4. Must be a registered voter

5. Must be a holder of a degree from a University recognized in Kenya

6. Must be nominated by a Political Party or is an independent candidate

Requirements:

A Party Candidate or an Independent Candidate or their authorized agent must submit the following documents to the Commission during the Commission Nomination:

  1. Certified copy of a degree certificate in accordance with Section 22(2) of the Elections Act, 2011 and Regulation 47 of Elections (General) Regulations, 2012. Where the body that issued the degree certificate is not based in Kenya, a certified copy of the certificate must be authenticated and/or equated by the Commission for Higher Education.
  2. A certified copy of a national identity card/valid passport (the document used by the candidate to register as a voter)
  3. A passport size photograph of the candidate for election as Governor
  4. If the candidate was a public officer, a letter of discharge from the employer confirming that he or she was not in employment. This requirement does not apply to the Prime Minister, Deputy Prime Minister and Member of Parliament.
  5. If a Party Candidate, a Nomination Certificate from a fully registered political party nominating the candidate, duly signed by an authorized official of the party
  6. A duly signed Code of Conduct (Second Schedule of the Elections Act, 2011)
  7. A duly filled Commission Nomination Form 17, including: (a) An original Statutory Declaration Form [Regulation 41 of the Elections (General) Regulations, 2012] (b) An original Self-Declaration Form [Regulation 46 of the Elections (General) Regulations, 2012] as prescribed in the First Schedule of the Leadership and Integrity Act, 2012 (c) The names of a proposer and a seconder who shall be registered voters in the respective electoral area: (i) In the case of a Party Candidate, the proposer and seconder must be members of the candidate’s party [Regulation 38(b) of the Elections (General) Regulations, 2012] 5 (ii) In the case of an Independent Candidate, the proposer and seconder must not be members of any political party [Regulation 39(c) of the Elections (General) Regulations, 2012]
  8. Additional requirements for Independent Candidates:
    1. A Clearance Certificate from the Registrar of Political Parties certifying that the person was not a member of any political party for the last 3 months before the elections-  [Regulation 15(a) of the Elections (General) Regulations, 2012]
    2. A soft and a hard copy of a list of at least 500 supporters in the prescribed form, submitted to the County Returning Officer. 
    3. A duly filled Form of Intention to Contest in the prescribed form [Regulation 15(b) of the Elections (General) Regulations, 2012]
    4. A symbol that the candidate intends to use during the election, which has been approved by the Commission, in accordance with Section 32 of the Elections Act, 2011
    5. Establish and maintain a functioning office in the respective electoral area where the candidate is contesting, which must be available for inspection by the Commission. The address, including the physical address of the office must be communicated to the Commission.
  9. Nomination fees in a Banker’s Cheque payable to IEBC:
    • Kshs. 25,000 for a candidate who is a woman, a person with a disability or youth. Youth means an adult below the age of 35 years
    • Kshs. 50, 000 for any other candidate

Qualifications:

1. Must be a Kenyan citizen for at least 10 years before the election

2. Must not hold dual citizenship

3. Must not owe allegiance to a foreign state

4. Must be a registered voter

5. Must be nominated by a Political Party or is an independent candidate

Requirements:

A Party Candidate or an Independent Candidate or their authorized agent must submit the following documents to the Commission during the Commission Nomination:

  1. A certified copy of a national identity card/valid passport (the document used by the candidate to register as a voter)
  2. A passport size photograph
  3. If the candidate was a public officer, a letter of discharge from the employer confirming that he or she is not in employment. This requirement does not apply to the Prime Minister, Deputy Prime Minister and Member of Parliament
  4. If a Party Candidate, a Nomination Certificate from a fully registered political party nominating the candidate, duly signed by an authorized official of the party
  5. A duly signed Code of Conduct (Second Schedule of the Elections Act, 2011)
  6. A duly filled Commission Nomination Form 16, including:
    1. An original Statutory Declaration Form [Regulation 41 of the Elections (General) Regulations, 2012]
    2. An original Self-Declaration Form [Regulation 46 of the Elections (General) Regulations, 2012] as prescribed in the First Schedule of the Leadership and Integrity Act, 2012
    3. The names of a proposer and a seconder who shall be registered voters in the respective electoral area:
      • In the case of a Party Candidate, the proposer and seconder must be members of the candidate’s party [Regulation 38(b) of the Elections (General) Regulations, 2012]
      • In the case of an Independent Candidate, the proposer and seconder must not be members of any political party [Regulation 39(c) of the Elections (General) Regulations, 2012]
  7. Additional requirements for Independent Candidates:
    1. A Clearance Certificate from the Registrar of Political Parties certifying that the person was not a member of any political party for the last 3 months before the elections [Regulation 15(a) of the Elections (General) Regulations, 2012] 
    2. A soft and a hard copy of a list of at least 2000 supporters in the prescribed form, submitted to the County Returning Officer 
    3. A duly filled Form of Intention to Contest in the prescribed form [Regulation 15(b) of the Elections (General) Regulations, 2012]
    4. A symbol that the candidate intends to use during the election, which has been approved by the Commission, in accordance with Section 32 of the Elections Act, 2011
    5. Establish and maintain a functioning office in the respective electoral area where the candidate is contesting, which must be available for inspection by the Commission. The address, including the physical address of the office must be communicated to the Commission.
  8. Nomination fees in a Banker’s Cheque payable to IEBC:
    • Kshs. 25,000 for a candidate who is a woman, a person with a disability or youth. Youth means an adult below the age of 35 years
    • Kshs. 50, 000 for any other candidate

Qualifications:

1. Must be a Kenyan citizen for at least 10 years before the election

2. Must not hold dual citizenship

3. Must not owe allegiance to a foreign state

4. Must be a registered voter

5. Must be nominated by a Political Party or is an independent candidate

Requirements:

 Party Candidate or an Independent Candidate or their authorized agent must submit the following documents to the Commission during the Commission Nomination:

  1. A certified copy of a national identity card/valid passport (the document used by the candidate to register as a voter)
  2. A passport size photograph
  3. If the candidate was a public officer, a letter of discharge from the employer confirming that he or she is not in employment. This requirement does not apply to the Prime Minister, Deputy Prime Minister and Member of Parliament
  4. If a Party Candidate, a Nomination Certificate from a fully registered political party nominating the candidate, duly signed by an authorized official of the party
  5. A duly signed Code of Conduct (Second Schedule of the Elections Act, 2011)
  6. A duly filled Commission Nomination Form 18, including:
    1. An original Statutory Declaration Form [Regulation 41 of the Elections (General) Regulations, 2012]
    2. An original Self-Declaration Form [Regulation 46 of the Elections (General) Regulations, 2012] as prescribed in the First Schedule of the Leadership and Integrity Act, 2012
    3. The names of a proposer and a seconder who shall be registered voters in the respective electoral area:
      • In the case of a Party Candidate, the proposer and seconder must be members of the candidate’s party [Regulation 38(b) of the Elections (General) Regulations, 2012]
      • In the case of an Independent Candidate, the proposer and seconder must not be members of any political party [Regulation 39(c) of the Elections (General) Regulations, 2012]
  7. Additional requirements for Independent Candidates:
    1. A Clearance Certificate from the Registrar of Political Parties certifying that the person was not a member of any political party for the last 3 months before the elections  [Regulation 15(a) of the Elections (General) Regulations, 2012] 
    2. A soft and a hard copy of a list of at least 500 supporters in the prescribed form, submitted to the Constituency Returning Officer  
    3. A duly filled Form of Intention to Contest in the prescribed form [Regulation 15(b) of the Elections (General) Regulations, 2012]
    4. A symbol that the candidate intends to use during the election, which has been approved by the Commission, in accordance with Section 32 of the Elections Act, 2011
    5. Establish and maintain a functioning office in the respective electoral area where the candidate is contesting, which must be available for inspection by the Commission. The address, including the physical address of the office must be communicated to the Commission
  8. Nomination fees in a Banker’s Cheque payable to IEBC:
    • Kshs. 2,500 for a candidate who is a woman, a person with a disability or youth. Youth means an adult below the age of 35 years
    • Kshs. 5,000 for any other candidate

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