Elections Act of Kenya

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Elections Act

The Elections Act of Kenya

The Elections Act, 2011 provides the legal framework for the conduct of elections in Kenya. It establishes the Independent Electoral and Boundaries Commission (IEBC) and sets out the procedures for voter registration, nomination of candidates, campaigning, voting, and dispute resolution.

Voter Registration

Section 3 - Right to be Registered as a Voter

Every adult citizen has the right to be registered as a voter, without discrimination of any kind. Registration as a voter is done at the designated registration center of the voter's choice.

Section 5 - Qualifications for Registration

A person qualifies to be registered as a voter if they:

  • Are a citizen of Kenya
  • Have attained the age of eighteen years
  • Possess a Kenyan National ID or Passport
  • Are not of unsound mind
  • Have not been convicted of an election offense during the preceding five years

Section 7 - Manner of Registration

A person shall apply for registration as a voter by completing a registration form prescribed by the Commission. The Commission shall capture the applicant's biometric data including fingerprints and a photograph.

Nomination of Candidates

Section 22 - Qualifications for Election

A person may contest an election as a Member of Parliament if they:

  • Are registered as a voter
  • Satisfy the educational requirements prescribed by law
  • Are nominated by a political party or stand as an independent candidate
  • Have not been convicted of an offense and sentenced to imprisonment for at least six months
  • Meet the moral and ethical requirements under Chapter Six of the Constitution
  • Have resigned from any public office at least six months before the election (for public officers)

Section 23 - Disqualifications

A person is disqualified from being elected as an MP if they:

  • Are a member of a county assembly, parliament, or holding a State office
  • Have been found to have abused office, corruptly obtained wealth, or contravened Chapter Six
  • Are subject to a sentence of imprisonment of at least six months
  • Are of unsound mind
  • Are an undischarged bankrupt

Campaign Financing

Section 23 - Sources of Campaign Funds

A candidate's campaign funds may only be sourced from:

  • The candidate's own funds or assets
  • Contributions from Kenyan citizens
  • Contributions from lawful Kenyan entities
  • Funds from a political party
  • Loans from lawful lending institutions in Kenya

Important: Foreign funding of campaigns is prohibited. All contributions must be disclosed to the IEBC.

Section 24 - Campaign Expenditure Limits

The Act sets maximum campaign expenditure limits for different elective positions. For a parliamentary seat, the maximum expenditure is set by the IEBC in regulations and reviewed periodically.

Voting Procedures

Election Day Process

  1. Polling opens at 6:00 AM and closes at 6:00 PM on the day of the election
  2. Voters must present a valid identification document (National ID or Passport)
  3. Polling officials verify the voter's identity against the register
  4. The voter receives ballot papers for the respective elective positions
  5. The voter marks the ballot in a private booth
  6. The marked ballot is cast in the respective ballot box
  7. The voter's finger is marked with indelible ink

Counting and Results

  • Counting begins immediately after the close of polling at each polling station
  • Results are announced at the polling station by the presiding officer
  • Results are transmitted to the constituency tallying center
  • The constituency returning officer announces the final results
  • The results are published in the Kenya Gazette

Election Offences

The Elections Act establishes several election offenses with penalties:

Corrupt Practices

  • Bribery: Giving or receiving money, goods, or services to influence voting
  • Treating: Providing food, drink, or entertainment to influence voters
  • Undue influence: Using or threatening violence, damage to property, or spiritual injury

Illegal Practices

  • Multiple voting: Attempting to vote more than once
  • Voting without entitlement: Voting when not qualified
  • Impersonation: Pretending to be another voter
  • Interference with voting: Interfering with a voter's right to vote freely
  • False statements: Making false statements about candidates

Other Offences

  • Destroying, tampering with, or interfering with election materials
  • Disrupting election proceedings
  • Being in possession of a ballot paper without lawful authority
  • Disclosing the vote of a voter
  • Removing a ballot paper from a polling station

Penalties

Persons convicted of election offenses face:

  • A fine not exceeding one million shillings or imprisonment for a term not exceeding six years, or both
  • Disqualification from holding public office for a period of up to ten years
  • Disqualification from voting in any election for a period of up to six years

Dispute Resolution

Election disputes are resolved through:

  • Election Petitions: Filed at the High Court within 28 days after the declaration of results
  • Determination by Court: The court may nullify the election, declare another candidate as validly elected, or order a fresh election
  • Appeals: Appeals from the High Court may be made to the Court of Appeal within 30 days
Election Malpractices