Voters

(a) to form, or participate in forming, a political party;

(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for— (a) any elective public body or office established under this Constitution; or (b) any office of any political party of which the citizen is a member.

(a) to be registered as a voter;

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

(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.

The electoral system shall comply with the following principles— (a) freedom of citizens to exercise their political rights under Article 38; (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (c) fair representation of persons with disabilities; (d) universal suffrage based on the aspiration for fair representation and equality of vote; and (e) free and fair elections, which are— (i) by secret ballot; (ii) free from violence, intimidation, improper influence or corruption; (iii) conducted by an independent body; (iv) transparent; and (v) administered in an impartial, neutral, efficient, accurate and accountable manner.

The electoral system shall comply with the following principles— (a) freedom of citizens to exercise their political rights under Article 38; (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (c) fair representation of persons with disabilities; (d) universal suffrage based on the aspiration for fair representation and equality of vote; and (e) free and fair elections, which are— (i) by secret ballot; (ii) free from violence, intimidation, improper influence or corruption; (iii) conducted by an independent body; (iv) transparent; and (v) administered in an impartial, neutral, efficient, accurate and accountable manner.

The electoral system shall comply with the following principles— (a) freedom of citizens to exercise their political rights under Article 38; (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (c) fair representation of persons with disabilities; (d) universal suffrage based on the aspiration for fair representation and equality of vote; and (e) free and fair elections, which are— (i) by secret ballot; (ii) free from violence, intimidation, improper influence or corruption; (iii) conducted by an independent body; (iv) transparent; and (v) administered in an impartial, neutral, efficient, accurate and accountable manner.

The electoral system shall comply with the following principles— (a) freedom of citizens to exercise their political rights under Article 38; (b) not more than two-thirds of the members of elective public bodies shall be of the same gender; (c) fair representation of persons with disabilities; (d) universal suffrage based on the aspiration for fair representation and equality of vote; and (e) free and fair elections, which are— (i) by secret ballot; (ii) free from violence, intimidation, improper influence or corruption; (iii) conducted by an independent body; (iv) transparent; and (v) administered in an impartial, neutral, efficient, accurate and accountable manner.

(1) Parliament shall enact legislation to provide for— (a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies; (b) the nomination of candidates; (c) the continuous registration of citizens as voters; (d) the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and (e) 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— (a) simple; (b) transparent; and (c) takes into account the special needs of— (i) persons with disabilities; and (ii) other persons or groups with special needs.

(1) 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.

(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.

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

Any person is eligible to stand as an independent candidate for election if the person— (a) 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 (b) satisfies the requirements of— (i) Article 99(1)(c)(i) or (ii), in the case of a candidate for election to the National Assembly or the Senate, respectively; or (ii) Article 193(1)(c)(ii), in the case of a candidate for election to a county assembly.

At every election, the Independent Electoral and Boundaries Commission shall ensure that— (a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent; (b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station; (c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and (d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

At every election, the Independent Electoral and Boundaries Commission shall ensure that— (a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent; (b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station; (c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and (d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

(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.

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

(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— (a) the continuous registration of citizens as voters; (b) the regular revision of the voters’ roll; (c) the delimitation of constituencies and wards; (d) the regulation of the process by which parties nominate candidates for elections; (e) 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; (f) the registration of candidates for election; (g) voter education; (h) the facilitation of the observation, monitoring and evaluation of elections; (i) 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; (j) the development of a code of conduct for candidates and parties contesting elections; and (k) the monitoring of compliance with the legislation required by Article 82(1)(b) relating to nomination of candidates by parties.

(i) 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;

(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).

(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.

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

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

(b) except in the case of the seats provided for under Article 98(1)(b), 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

(b) have a democratically elected governing body;

(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;

(d) engage in bribery or other forms of corruption; or

Parliament shall enact legislation to provide for— (a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns; (b) the regulation of freedom to broadcast in order to ensure fair election campaigning; (c) the regulation of political parties; (d) the roles and functions of political parties; (e) the registration and supervision of political parties; (f) the establishment and management of a political parties fund; (g) the accounts and audit of political parties; (h) restrictions on the use of public resources to promote the interests of political parties; and (i) any other matters necessary for the management of political parties.

Parliament shall enact legislation to provide for— (a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns; (b) the regulation of freedom to broadcast in order to ensure fair election campaigning; (c) the regulation of political parties; (d) the roles and functions of political parties; (e) the registration and supervision of political parties; (f) the establishment and management of a political parties fund; (g) the accounts and audit of political parties; (h) restrictions on the use of public resources to promote the interests of political parties; and (i) any other matters necessary for the management of political parties.

Parliament shall enact legislation to provide for— (a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns; (b) the regulation of freedom to broadcast in order to ensure fair election campaigning; (c) the regulation of political parties; (d) the roles and functions of political parties; (e) the registration and supervision of political parties; (f) the establishment and management of a political parties fund; (g) the accounts and audit of political parties; (h) restrictions on the use of public resources to promote the interests of political parties; and (i) any other matters necessary for the management of political parties.

(1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.

(b) a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).

(1) The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.

(1) The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.

(2) An election of the President shall be held— (a) on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; or (b) in the circumstances contemplated in Article 146.

(4) A candidate shall be declared elected as President if the candidate receives— (a) more than half of all the votes cast in the election; and (b) at least twenty-five per cent of the votes cast in each of more than half of the counties.

(5) If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be— (a) the candidate, or the candidates, who received the greatest number of votes; and (b) the candidate, or the candidates, who received the second greatest number of votes.

(10) Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall— (a) declare the result of the election; and (b) deliver a written notification of the result to the Chief Justice and the incumbent President.

(1) The county governor shall be directly elected by the voters registered in the county, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year.

(5) Each candidate for election as county governor shall nominate a person who is qualified for nomination for election as county governor as a candidate for deputy governor.

(a) as a county governor for more than two terms; or