Elections Act

Section 1. Short title. Section This Act may be cited as the Elections Act.

Section 2. Interpretation. Section a political party or an independent candidate for the purposes of an election under this Act; or

Section 3. Right to vote. Section 3(1) An adult citizen shall exercise the right to vote specified in Article 38(3) of the Constitution in accordance with this Act. Section 3(2) A citizen shall exercise the right to vote if the citizen is registered in the Register of Voters. [Act No. 36 of 2016 , s. 26.]

Section 4. Register of Voters Section 4(1)(a) a poll register in respect of every polling station; Section 4(1)(b) a ward register in respect of every ward; Section 4(1)(c) a constituency register in respect of every constituency; Section 4(1)(d) a county register in respect of every county; and Section 4(1)(e) a register of voters residing outside Kenya. Section 4(2) The Commission shall compile and maintain the Register of Voters referred to in subsection (1). Section 4(3) The Register of Voters shall contain such information as shall be prescribed by the Commission. [Act No. 36 of 2016 , s. 26.]

Section 5. Registration of voters. Section 5(1)(a) in the case of a general election or an election under Article 138(5) of the Constitution, between the date of commencement of the sixty day period immediately before the election and the date of such election; Section 5(1)(b) in the case of a by-election, between the date of the declaration of the vacancy of the seat concerned and the date of such by-election; or Section 5(1)(ba) in the case of a referendum between the date of the publication and the date of the referendum. Section 5(1)(c) deleted by ActNo. 1 of 2017, s. 3. Section 5(2) Notwithstanding subsection (1), where an election petition is filed in respect of an electoral area, between the date of the filing of the petition and the date of the by-election, where a court determines that a by-election is to be held, a voter shall not be allowed to transfer his or her vote to the affected electoral area. Section 5(3) 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...

Section 6. Inspection of register of voters. Section 6(1) The Commission shall cause the Register of Voters to be opened for inspection by members of the public at all times for the purpose of rectifying the particulars therein, except for such period of time as the Commission may consider appropriate. Section 6(2) The Commission shall, within ninety days from the date of the notice for a general election, open the Register of Voters for inspection for a period of at least thirty days or such period as the Commission may consider necessary. Section 6(3) Deleted by ActNo. 36 of 2016, s. 4. Section 6(4) The Register of Voters shall be kept at the headquarters of the Commission and copies of the part of the Register of Voters relating to the constituency for which the registration officer is responsible shall be kept at all the constituency offices of the Commission. [Act No. 12 of 2012 , Sch, Act No. 47 of 2012 , Sch., Act No. 36 of 2016 , s. 4 & 26, Act No. 1 of 2017 , s. 4.]

Section 7. Transfer of registration. Section 7(1) Where a voter wishes to transfer the voter's registration to an electoral area other than the one the voter is registered in, the voter shall notify the Commission, in the prescribed manner, of the intention to transfer the registration to the preferred electoral area not less than ninety days preceding an election. Section 7(2) Upon receipt of the notification referred to in subsection (1), the Commission shall transfer the voter's registration particulars to the register of the preferred constituency not later than sixty days preceding the election.

Section 8. Updating of the Register of Voters Section 8(1) The Commission shall maintain an updated Register of Voters. Section 8(2)(a) regularly revise the Register of Voters; Section 8(2)(b) update the Register of Voters by deleting the names of deceased voters and rectifying the particulars therein; Section 8(2)(c) conduct a fresh voter registration, if necessary, at intervals of not less than eight years, and not more than twelve years, immediately after the Commission reviews the names and boundaries of the constituencies in accordance with Article 89(2) of the Constitution; Section 8(2)(d) review the number, names and boundaries of wards whenever a review of the names and boundaries of counties necessitates a review; and Section 8(2)(e) revise the Register of Voters whenever county boundaries are altered in accordance with Article 94(3) of the Constitution.

Section 9. Postponement of disqualification to enable appeal. Section Where a person has been adjudged or declared to be of unsound mind, adjudged bankrupt or convicted of an election offence and is thereby disqualified from being registered as a voter, then, if that person is entitled to appeal against the decision, that person shall not be disqualified from being so registered until the expiration of thirty days after the date of the decision or such further period as the Commission may, at the request of the person, direct in order to enable the person to appeal against the decision.

Section 10. Eligibility to vote. Section 10(1) A person whose name and biometric data are entered in a register of voters in a particular polling station, and who produces an identification document shall be eligible to vote in that polling station. Section 10(2) The identification document produced in subsection (1) shall be the identification document used at the time of registration as a voter. Section 10(3) Nothing in this section shall entitle a person who is prohibited from voting by any written law to vote or relieve that person from any penalties to which the person may be liable for voting. [Act No. 36 of 2016 , s. 7.]

Section 11. Determination of questions as to registration. Section Any question whether a person is qualified to be registered as a voter shall be determined in accordance with this Part.

Section 12. Claims. Section 12(1) A person who has duly applied to be registered and whose name is not included in the register of voters may submit a claim for the name to be included in the register to the registration officer in the prescribed form and manner and within the prescribed time. Section 12(2) Subject to the Constitution, a claim under subsection (1) shall be determined by the registration officer in the prescribed manner, and an appeal shall lie in the prescribed manner, to the Principal Magistrate's Court on matters of fact and law and to the High Court on matters of law.

Section 6A. Verification of biometric data. Section 6A(1) The Commission shall, not later than sixty days before the date of a general election, open the Register of Voters for verification of biometric data by members of the public at their respective polling stations for a period of thirty days. Section 6A(2) The Commission shall, upon the expiry of the period for verification under subsection (1), revise the Register of Voters to take into account any changes in particulars arising out of the verification process. Section 6A(3)(a) a notice in the Gazette to the effect that the revision under subsection (2) has been completed; and Section 6A(3)(b) the Register of Voters online and in such other manner as may be prescribed by regulations.

Section 8A. Audit of the register of voters Section 8A(1)(a) verifying the accuracy of the Register; Section 8A(1)(b) recommending mechanisms of enhancing the accuracy of the Register; and Section 8A(1)(c) updating the register. Section 8A(2) The Kenya Citizens and Foreign Nationals Management Service established by section 3 of the Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171) shall make available to the Commission the information held by it in the national population register for the purpose of the conduct of an audit under subsection (1). Section 8A(3)(a) verifying the accuracy of the Register; Section 8A(3)(b) recommending mechanisms of enhancing the accuracy of the Register; and Section 8A(3)(c) updating the register. Section 8A(4) The firm engaged under subsection (3) shall conduct the audit and report to the Commission within a period of thirty days from the date of engagement. Section 8A(5) The Commission shall, within fourteen days of receipt of the report under subsection (4), submit the report to the National Assembly and the Senate. Section 8A(6) The Commission shall implement the recommendations of the audit report within a period of thirty day...

Section 13. Nomination of candidates by a political party. Section 13(1) A political party shall nominate its candidates for an election under this Act at least ninety days before a general election under this Act in accordance with its constitution and nomination rules. Section 13(2) A political party shall not change the candidate nominated after the nomination of that person has been received by the Commission: Provided that in the event of the death, resignation or incapacity of the nominated candidate or of the violation of the electoral code of conduct by the nominated candidate, the political party may, after notifying the candidate that the party seeks to substitute, where applicable substitute its candidate before the date of presentation of nomination papers to the Commission. Section 13(2A) A political party shall hear and determine all intra party disputes arising from political party nominations within thirty days. Section 13(3) Notwithstanding subsection (1), in the case of any other election, the Commission shall by notice in the prescribed form, specify the day or days upon which political parties shall nominate candidates to contest in a presidential, parliamentary...

Section 14. Initiation of Presidential election. Section 14(1)(a) in the case of a general election, at least sixty days before the date of the election; or Section 14(1)(b) in the case of an election under Article 138(5) of the Constitution, at least twenty-one days before the date of the election; Section 14(1)(c) in any other case, upon the office of the President becoming vacant. Section 14(2)(a) the nomination day for the presidential election; and Section 14(2)(b) the day or days on which the poll shall be taken for the presidential election, which shall not be less than twenty-one days after the day specified for nomination.

Section 15. Change of deputy president nominee candidate. Section 15(1) A presidential candidate or a political party shall not at any time change the person nominated as a deputy presidential candidate after the nomination of that person has been received by the Commission: Provided that in the event of death, resignation or incapacity of the nominated candidate or of the violation of the electoral code of conduct by the nominated candidate, the political party may substitute its candidate before the date of presentation of nomination papers to the Commission. Section 15(2) Subsection (1) shall apply in the case of a fresh election under Article 138 (5) of the Constitution.

Section 16. Initiation of election of member of Parliament. Section 16(1)(a) in the case of a general election, at least sixty days before the date of the general election; or Section 16(1)(b) in any other case, upon the office of a member of Parliament becoming vacant and on receipt of a notice issued by the respective Speaker under subsection (2). Section 16(2)(a) the day upon which political parties shall submit a party list in accordance with Article 90 of the Constitution; Section 16(2)(b) the day for the nomination of candidates for the parliamentary election; and Section 16(2)(c) the day or days on which the poll shall be taken for the election, which shall not be less than twenty-one days after the day specified for nomination under paragraph (b). Section 16(3) Whenever a vacancy occurs in the National Assembly or the Senate, the respective Speaker shall issue a notice in accordance with Article 101 of the Constitution. Section 16(3A) For purposes of subsection (3), a vacancy in the office of a Member of Parliament shall be deemed to occur on the date of issuance of a notice to the Commission which shall not be later than twenty-one days from the date of the actual occurren...

Section 17. Initiation of county governor election. Section 17(1)(a) in the case of a general election, at least sixty days before the date of the general election; or Section 17(1)(b) in any other case, upon the office of the county governor becoming vacant. Section 17(2)(a) the day for the nomination of candidates for the county governor election; and Section 17(2)(b) the day or days on which the poll shall be taken for the county governor election, which shall not be less than twenty-one days after the day specified for nomination.

Section 18. Change of deputy county governor nominee candidate.

Section 19. Initiation of County assembly elections. Section 19(1)(a) in the case of a general election, at least sixty days before the date of general election; or Section 19(1)(b) in any other case, upon the office of a member of a county assembly becoming vacant. Section 19(2)(a) the day upon which political parties shall submit a party list in accordance with Article 90 of the Constitution; Section 19(2)(b) the day for the nomination of candidates for county elections; and Section 19(2)(c) the day or days on which the poll shall be taken for the county election, which shall not be less than twenty-one days after the day specified for the nomination under paragraph (b). Section 19(3) Whenever a vacancy occurs in a county assembly, the speaker of the county assembly shall within twenty-one days after the occurrence of the vacancy issue a notice to the Commission in the prescribed form. Section 19(4) The Commission shall within twenty-one days of receipt of the notice issued under subsection (3), transmit the notice to the relevant returning officer.

Section 20. Notification in electronic media. Section The Commission may in addition publicise the notices under sections 14 , 16 , 17 and 19 in the electronic and print media of national circulation.

Section 21. Election of county assembly speaker. Section 21(1) The speaker of a county assembly shall be elected by each county assembly in accordance with the Standing Orders of the county assembly, from among persons who are qualified to be elected as members of a county assembly but are not such members. Section 21(2) For the purpose of the election of the speaker of the county assembly after the first election under the Constitution, the procedure set out in the First Schedule shall apply. Section 21(3) The deputy speaker of a county assembly shall be elected from among persons who are members of that county assembly. Section 21(4) The First Schedule shall, with necessary modifications, apply to the election of the deputy speaker after the first election under the Constitution. Section 21(5)(a) when a new county assembly first meets after an election; Section 21(5)(b) if the office holder vacates office; Section 21(5)(c) if the county assembly resolves to remove the office holder by a resolution supported by the votes of at least two-thirds of its members; Section 21(5)(d) if the office holder resigns from office in a letter addressed to the county assembly; Section 21(5)(e) wh...

Section 22. Qualifications for nomination of candidates. Section 22(1)(a) is qualified to be elected to that office under the Constitution and this Act; and Section 22(1)(b) in the case of a Member of Parliament, a degree from a university recognized in Kenya; or Section 22(1)(b)(i) in the case of a Member of Parliament, a degree from a university recognized in Kenya; or Section 22(1)(b)(ii) in the case of member of a county assembly, a degree from a university recognized in Kenya. Section 22(1A) Notwithstanding subsection (1), this section shall come into force and shall apply to qualifications for candidates in the general elections to be held after the 2017 general elections. Section 22(1B) The provisions of this section apply to qualifications to nomination for a party list member under section 34 . Section 22(2) Notwithstanding subsection (1)(b), a person may be nominated as a candidate for election as President, Deputy President, county Governor or deputy county Governor only if the person is a holder of a degree from a university recognised in Kenya. Section 22(2A) For the purposes of the first elections under the Constitution, section 22 (1)(b) and section 24 (1)(b), save f...

Section 23. Qualifications and disqualifications for nomination as President. Section 23(1)(a) is a citizen by birth; Section 23(1)(b) is qualified to stand for election as a member of Parliament; Section 23(1)(c) is nominated by a political party, or is an independent candidate; and Section 23(1)(d) is nominated by not fewer than two thousand voters from each of a majority of the counties. Section 23(2)(a) owes allegiance to a foreign state; or Section 23(2)(b) is a public officer, or is acting in any State or other public office. Section 23(3)(a) the President; Section 23(3)(b) the Deputy President; or Section 23(3)(c) a member of Parliament.

Section 24. Qualifications and disqualifications for nomination as member of Parliament. Section 24(1)(a) is registered as a voter; Section 24(1)(b) satisfies any educational, moral and ethical requirements prescribed by the Constitution and this Act; and Section 24(1)(c) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or Section 24(1)(c)(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or Section 24(1)(c)(ii) in the case of election to the Senate, by at least two thousand registered voters in the county. Section 24(2)(a) is a State officer or other public officer, other than a member of Parliament; Section 24(2)(b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Commission; Section 24(2)(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; Section 24(2)(d) is a member of a county assembly; Section 24(2)(e) is of unsound mind; Section 24(2)(f) is an undischarged bankrupt; Section 24(2)(g) is subject to a sentence of imprisonment of a...

Section 25. Qualifications for nomination as member of county assembly. Section 25(1)(a) is registered as a voter; Section 25(1)(b) satisfies any educational, moral and ethical requirements prescribed the Constitution and this Act; and Section 25(1)(c) nominated by a political party; or Section 25(1)(c)(i) nominated by a political party; or Section 25(1)(c)(ii) an independent candidate supported by at least five hundred registered voters in the ward concerned. Section 25(2)(a) is a State officer or other public officer, other than a member of the county assembly; Section 25(2)(b) has, at any time within the five years immediately before the date of election, held office as a member of the Commission; Section 25(2)(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; Section 25(2)(d) is of unsound mind; Section 25(2)(e) is an undischarged bankrupt; Section 25(2)(f) is serving a sentence of imprisonment of at least six months; or Section 25(2)(g) has been found, in accordance with any law, to have misused or abused a State office or public office or to have contravened Chapter Six of the Constitution. Section 25(3) A person is not...

Section 26. Additional disqualification. Section 26(1) A person who directly or indirectly participates in any manner in any or public fundraising or harambee within eight months preceding a general election or during an election period, in any other case, shall be disqualified from contesting in the election held during that election year or election period. Section 26(2) Subsection (1) shall not apply to a fundraising for a person who is contesting an election under this Act or to a fundraising for a political party.

Section 27. Submission of party nomination rules. Section 27(1) A political party shall submit its nomination rules to the Commission at least six months before the nomination of its candidates. Section 27(1A) The Registrar of Political Parties shall certify the nomination rules submitted under subsection (1). Section 27(2) An amendment to the nomination rules shall only be effective ninety days after submission of the amendments to the Commission. Section 27(2A)(a) issue the political party with a certificate of compliance; or Section 27(2A)(b) require the political party to amend the rules to ensure such compliance within fourteen days. Section 27(2B) For purposes of subsection (2A), the Commission shall, by notice in the Gazette , issue Regulations prescribing guidelines to be complied with and the process by which political parties nominate candidates for nomination in accordance with Article 88(4)(d) of the Constitution failing which the rules shall become void. [Act No. 12 of 2012 , Sch., Act No. 48 of 2012 , s. 4, Act No. 1 of 2017 , s. 9, Act No. 2 of 2022 , s. 31.]

Section 28. Submission of party membership lists. Section 28(1)(a) in the case of a general election, at least one hundred and twenty days before the date of the election; and Section 28(1)(b) in the case of a by-election, forty-five days before the date of the by-election. Section 28(2) The Commission shall publicize the membership lists as received from political parties. [Act No. 12 of 2012 , Sch., Act No. 47 of 2012 , Sch., Act No. 36 of 2016 , s. 9, Act No. 1 of 2017 , s. 10.]

Section 29.[Deleted by ActNo. 34 of 2017, s. 5.]

Section 30. Appointment of agents. Section 30(1) A political party may appoint one agent for its candidates at each polling station. Section 30(2) Where a political party does not nominate an agent under subsection (1), a candidate nominated by a political party may appoint an agent of the candidate's choice. Section 30(3) An independent candidate may appoint his own agent. Section 30(3A) A registered referendum committee may appoint one agent at each polling station. [Act No. 12 of 2012 , Sch., Act No. 1 of 2017 , s. 11.]

Section 31. Nomination of political party candidates. Section 31(1)(a) is selected in the manner provided for in the constitution or rules of the political party concerned relating to members of that party who wish to contest presidential, parliamentary and county elections; and Section 31(1)(b) subject to subsection (4), the party certifies the nomination to the Commission. Section 31(2) The Commission shall, upon the request of a political party, conduct and supervise the nomination of candidates by the political party for presidential, parliamentary or county elections in accordance with Article 88 of the Constitution. Section 31(2A) Every political party shall submit the names of the party candidates who have been selected to participate in the general elections under this Act at least sixty days before the elections. Section 31(2B) A political party shall, at least twenty-one days before the nomination day, submit to the Commission the names of the persons contesting in its party primary and the date of its party primary. Section 31(2C) The Commission shall publish, in the Gazette the names of the persons contesting in a party primary under subsection (1) and the date of the p...

Section 32. Approval of symbol for independent candidate. Section 32(1) An independent candidate shall submit the symbol the candidate intends to use during an election to the Commission at least twenty-one days before nomination day. Section 32(1A) Where there is a vacancy in the office of the Governor, an independent candidate shall submit to the Commission, the symbol that the person intends to use during an election at least seven days before nomination. Section 32(2) The Commission shall, upon receipt of the symbol submitted to it under this section approve or reject the symbol. Section 32(3)(a) is obscene or offensive; Section 32(3)(b) is the symbol of another candidate or of a political party; or Section 32(3)(c) so nearly resembles the symbol of another candidate or political party or any other legal entity registered under any other written law.

Section 33. Nomination of independent candidates. Section 33(1)(a) has not been a member of any political party for at least three months preceding the date of the election; Section 33(1)(b) has submitted to the Commission, at least sixty days before a general election, a duly filled nomination paper in such form as may be prescribed by the Commission; Section 33(1)(c) has, at least ninety days before the date of a general election or at least twenty one days before the date appointed by the Commission as the nomination day for a by–election, submitted to the Commission the name and symbol that the person intends to use during the election; and Section 33(1)(d) is selected in the manner provided for in the Constitution and by this Act. Section 33(2) The Commission shall publish in the Gazette , the names of persons intending to contest in the election as independent candidates at least fourteen days before the nomination day. [Act No. 36 of 2016 , s. 11. Act No. 1 of 2017 , s. 14.]

Section 34. Nomination of party lists members. Section 34(1) The election of members for the National Assembly, Senate and county assemblies for party list seats specified under Articles 97(1)(c) and 98(1)(b)(c) and (d) and Article 177(1)(b) and (c) of the Constitution shall be on the basis of proportional representation and in accordance with Article 90 of the Constitution. Section 34(2) A political party which nominates a candidate for election under Article 97(1)(a) and (b) shall submit to the Commission a party list in accordance with Article 97(1)(c) of the Constitution. Section 34(3) A political party which nominates a candidate for election under Article 98(1)(a) shall submit to the Commission a party list in accordance with Article 98(1)(b) and (c) of the Constitution. Section 34(4) A political party which nominates a candidate for election under Article 177 (1) (a) shall submit to the Commission a party list in accordance with Article 177(1)(b) and (c) of the Constitution. Section 34(4A) In the case of a person nominated pursuant to Article 177(1)(c) of the Constitution, the party list shall include a certification in the manner prescribed by the Commission. Section 34(5)...

Section 35. Submission of party lists. Section A political party shall submit its party list to the Commission at least forty-five days before the date of the general election. [Act No. 36 of 2016 , s. 12.]

Section 36. Allocation of special seats. Section 36(1)(a) Article 97(1)(c) of the Constitution shall include twelve candidates; Section 36(1)(b) Article 98(1)(b) of the Constitution shall include sixteen candidates; Section 36(1)(c) Article 98(1)(c) of the Constitution shall include two candidates; Section 36(1)(d) Article 98(1)(d) of the Constitution shall include two candidates; Section 36(1)(e) Article 177(1)(b) of the Constitution shall include a list of the number of candidates reflecting the number of wards in the county; Section 36(1)(f) Article 177(1)(c) of the Constitution shall include eight candidates, at least two of whom shall be persons with disability, two of whom shall be the youth and two of whom shall be persons representing a marginalized group. Section 36(2) A party list submitted under subsection (1)(a), (c), (d), (e) and (f) shall contain alternates between male and female candidates in the priority in which they are listed. Section 36(3) The party list referred to under subsection (1)(f) shall prioritise a person with disability, the youth and any other candidate representing a marginalized group. Section 36(4) Within thirty days after the declaration of the...

Section 37. Re-allocation of special seat. Section 37(1) If a representative from a political party list dies, withdraws from the party list, changes parties, resigns or is expelled from his or her party during the term of the representative, the seat of the representative shall be allocated to the next candidate of the same gender on the respective political party list. Section 37(2) Notwithstanding the provision of section 34 (10), if there are no more candidates on the same party's list, the Commission shall require the concerned political party to nominate another candidate within twenty-one days. Section 37(3) A vacancy in any seat in a political party list shall not be filled three months immediately before a general election. Section 37(4) Where a political party fails to comply with the provisions of subsection (2) the Commission shall not allocate the seat for the remainder of the term of Parliament or the county assembly.

Section 38. Holding of elections. Section After a notice of an election has been published in the Gazette under sections 14 , 16 , 17 and 19 , every returning officer shall proceed to hold the election according to the terms of the notice and in accordance with the regulations relating to elections. [Act No. 47 of 2012 , Sch.]

Section 39. Determination and declaration of results. Section 39(1) The Commission shall determine, declare and publish the results of an election immediately after close of polling. Section 39(1A)(a) tallying, announcement and declaration, in the prescribed form, of the final results from each polling station in a constituency for the election of a member of the National Assembly and members of the county assembly; Section 39(1A)(b) collating and announcing the results from each polling station in the constituency for the election of the President, county Governor, Senator and county women representative to the National Assembly; and Section 39(1A)(c) submitting, in the prescribed form, the collated results for the election of the President to the national tallying centre and the collated results for the election of the county Governor, Senator and county women representative to the National Assembly to the respective county returning officer. Section 39(1B) The Commission shall appoint county returning officers to be responsible for tallying, announcement and declaration, in the prescribed form, of final results from constituencies in the county for purposes of the election of th...

Section 40. Voter education. Section 40(1) The Commission shall, in performing its duties under Article 88(4)(g) of the constitution establish mechanisms for the provision of continuous voter education and cause to be prepared a voter education curriculum. Section 40(2) The mechanisms under subsection (1) shall include provision for partnership with other agencies and non-state actors in the provision of voter education. [Act No. 36 of 2016 , s. 15]

Section 41. Access to and obligation of media Section 41(1) Subject to subsection (2), a political party participating in an election shall have access to the state owned media services during the campaign period. Section 41(2) The Commission shall, after consultations with the independent candidates, the political parties concerned and the officers responsible for the state owned media services, monitor the equitable allocation of air-time during the campaign period. Section 41(3) Every state owned print or electronic media which publishes any information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate. Section 41(4) The Code of Conduct for the practice of journalism prescribed under the Media Council Act (Cap. 411B) shall be subscribed to and observed by every media house and every person who reports on any election and referendum under the Constitution and this Act. Section 41(5) For the purpose of giving effect to this section, the Commission may, in writing, issue directives to the media. Section 41(6) The Commission may prohibit a media house that contravenes the Co...

Section 42. Accreditation of observers, agents, reporters, etc. Section a person as an observer, agent or media representative; or

Section 43. Participation in elections by public officers. Section 43(1) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(2) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(3) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(4) Deleted by ActNo. 36 of 2016, s. 16 . Section 43(5) 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. Section 43(5A) A public officer who intends to contest in a by-election under this Act shall resign from public office within seven days of the declaration of a vacancy. Section 43(6)(a) the President; Section 43(6)(b) deleted by ActNo. 36 of 2016, s. 16 ; Section 43(6)(c) the Deputy President; Section 43(6)(d) a member of Parliament; Section 43(6)(e) a county governor; Section 43(6)(f) a deputy county governor; Section 43(6)(g) a member of a county assembly.

Section 44. Use of technology. Section 44(1) Subject to this section, there is established an integrated electronic electoral system that enables biometric voter registration, electronic voter identification and electronic transmission of results. Section 44(2) The Commission shall, for purposes of subsection(1), develop a policy on the progressive use of technology in the electoral process. Section 44(3) The Commission shall ensure that the technology in use under subsection (1) is simple, accurate, verifiable, secure, accountable and transparent. Section 44(4)(a) procure and put in place the technology necessary for the conduct of a general election at least one hundred and twenty days before such elections; and Section 44(4)(b) test, verify and deploy such technology at least sixty days before a general election. Section 44(5) The Commission shall, in consultation with the relevant agencies, institutions and stakeholders, make regulations for the better carrying into effect the provisions of this section. Section 44(6) Deleted by Act No. 34 of 2017 , s. 7. Section 44(7) Deleted by Act No. 34 of 2017 , s. 7. Section 44(8) Deleted by Act No. 34 of 2017 , s. 7. [Act No. 36 of 2016...

Section 28A. Certification of party membership lists. Section 28A(1) A political party that nominates a person for an election under this Act shall, at least fourteen days before submitting the party membership list to the Commission under section 28 (1), submit the party membership list to the Registrar of Political Parties for certification. Section 28A(2) The Registrar shall verify the names contained in the party membership list submitted by a political party under subsection (1) and, where the names are of members of that political party, certify the membership list within seven days after receiving the application under subsection (1). [Act No. 2 of 2022 , s. 31]

Section 35A. Certification of party lists. Section 35A(1) A political party intending to submit a party list to the Commission shall, at least fourteen days before the submission of the party list to the Commission under section 35 , submit the party list to the Registrar for certification. Section 35A(2) The Registrar shall verity that the names appearing in the party list belong to registered members of the political party and certify the party list within seven days after the application under subsection (1). Section 35A(3) Any dispute arising out of the certification of a party list under this section shall be referred to the Political Parties Dispute Tribunal for determination. [Act No. 2 of 2022 , s. 31]

Section 38A. Number of voters per polling station. Section For the purposes of providing efficient and effective conduct of elections, the number of voters per polling station shall not exceed seven hundred. [Act No. 36 of 2016 , s. 13, Act No. 1 of 2017 , s. 16.]

Section 44A. Complementary mechanism for identification of voters. Section Notwithstanding the provisions of section 44 , the Commission shall put in place a complementary mechanism for identification of voters that is simple, accurate, verifiable, secure, accountable and transparent to ensure that the Commission complies with the provisions of Article 38 of the Constitution. [Act No. 1 of 2017 , s. 19, Act No. 34 of 2017 , s. 8.]