Election Law – election petition – procedure of filing an election petition procedure under the electoral laws had been followed – Constitution of Kenya, This was borne out of the provisions of the Elections Act which. LAWS OF KENYA. ELECTIONS ACT. NO. 24 OF Revised Edition []. Published by the National Council for Law Reporting with the Authority of. The following laws directly govern the electoral process in Kenya: a) The Elections Act, ;. b) The Election Laws (Amendment) Act,


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Election petitions must comply with the electoral laws, rules and procedures

Transfer of registration process where a person is election act kenya registered as a voter. A voter who wishes to transfer his registration from the area he registered in to another electoral area, the voter shall notify the Commission in the prescribed manner in not less than ninety days preceding an election.

Inspection of register of voters The Act mandates the Commission to open the Principal Register of Voters for inspection for a period of at least fourteen days or such period as the Commission may consider necessary within sixty days from the date of the notice for a general election.

Compilation process It is the duty of the Commission to compile and maintain the Principal Register of Voters referred to above. This section will cover the 3 broad aims of the Act including: Election act kenya of elections to the office of the President, the National Assembly, the Senate, county governor and county assembly Conduct of elections generally The electoral system shall comply with the following principles: Where only one candidate for President is nominated, that candidate shall be declared elected.

Constitution of Kenya

Resort to the courts is election act kenya reflection of the progressive nature of our constitutional and legal framework. However, at the current time, it is also a product of the absence of meaningful dialogue between political actors.

The courts have become the primary place of resort election act kenya political actors with competing agendas are unable to find common ground on key issues.


The IEBC has decided to put all original candidates bar one, on technical grounds election act kenya on the ballot. Although this may have gone unnoticed by many, there were in fact nine original presidential candidates.

Election petitions must comply with the electoral laws, rules and procedures – Kenya School of Law

However, the totality of the votes of the candidates other than President Kenyatta and Mr Odinga was about a quarter of the rejected votes and less than one percent of the total vote. The President is previously on record stating that he would not hesitate to assent to the Bill, but he has not yet done so.

The delay election act kenya assenting to the Bill is probably part of the on-going electoral stratagem. The President will likely assent to it immediately before the election in order to diminish the chances that a court may interfere with its coming into force before the election.

The Bill has the effect of significantly amending various election related election act kenya.

The Bill contains various clauses that are considered election act kenya and members of the Election act kenya opposition alliance did not participate in the debate of the Bill. The key changes proposed by the Bill 1 It states that where there is a discrepancy between manually transmitted results and electronically transmitted results, manually transmitted results shall prevail.

This change was apparently designed to provide redundancy for a situation where both the Chairperson and the vice-chairperson were to resign.

We have previously argued that this argument was not supported by the Constitution in any event.

Electoral Process in Kenya | Kenya Law

The legality and propriety of the Bill if it becomes law In Kenya all laws passed by the legislature have a presumption of legality.

This means that the Bill will be binding upon its publication in the Kenya Gazette. There election act kenya no question that Parliament has the power to propose the Bill and the President election act kenya the power to assent to it, notwithstanding that he has not been sworn-in.


Thus, declaration of election results meant publication in the Kenya Gazette and not simply the announcement of the results at the polling station or tallying center. In order for a petition to be properly before the High Court, it must have been filed within twenty eight days of the publication of the election results in election act kenya Kenya Gazette by the Independent Electoral Boundaries Commission.


The petition contesting the declaration of the 4th respondent as the Governor of Nairobi County was filed within the time frame provided under Article 87 2 of the Constitution and Section 76 1 of the Elections Act No 24 of and was therefore properly before court. The petition, like all election act kenya challenging election results, must have election act kenya with the rules and procedures set out in the Elections Act and the Elections Parliamentary and County Elections Rules Rules.

  • Legal Alert | Kenya | Kenya's Election: Alternative Scenarios - Africa Legal Network
  • Procedure at presidential election - Kenya Law Reform Commission (KLRC)
  • Laws of Kenya

The Rules applicable at the hearing of the case were contained in Legal Notice No.