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Arrangement of Sections
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THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS, 2012
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THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012
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THE ELECTIONS (GENERAL) REGULATIONS
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THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS, 2012
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THE ELECTIONS (GENERAL) REGULATIONS
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THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS
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THE RULES OF PROCEDURE ON SETTLEMENT OF DISPUTES
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THE RULES OF PROCEDURE ON SETTLEMENT OF DISPUTES
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THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013
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THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013
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THE ELECTIONS (PARTY PRIMARIES AND PARTY LISTS) REGULATIONS, 2017
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THE ELECTIONS (TECHNOLOGY) REGULATIONS, 2017
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THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2017
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THE ELECTIONS (PARTY PRIMARIES AND PARTY LISTS) REGULATIONS
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THE ELECTIONS (TECHNOLOGY) REGULATIONS
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THE ELECTIONS (VOTER EDUCATION) REGULATIONS
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THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITIONS RULES, 2017
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THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITIONS RULES, 2017
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THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITIONS RULES
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THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
PART II – ADMINISTRATION
| 4. |
Registration officers.
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| 5. |
Assistant registration officers.
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| 5A. |
Gazettement of registration officers
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PART III – THE REGISTER OF VOTERS
| 6. |
Preparation of register.
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| 7. |
Registration areas and Registration centres.
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| 8. |
Registration particulars.
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| 10. |
Other changes requiring notice, etc.
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| 11. |
Periodic list of changes.
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| 12. |
Certification of Register of Voters.
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PART IV – REGISTRATION OF VOTERS
| 13. |
Application for new registration.
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| 13A. |
Registration procedure.
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| 13B. |
Numerous registrations.
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| 13C. |
Transfer of registration.
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| 14. |
Application for change in registration.
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| 15. |
When applications not allowed.
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| 16. |
Consideration by registration officer.
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PART V – CLAIMS
| 17. |
Time for making claims.
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| 18. |
Method for making claim.
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| 20. |
Consideration of claims.
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| 26. |
Claims not to affect register.
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PART VI – INSPECTION AND VERIFICATION OF REGISTER
| 27. |
Inspection of register.
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| 27A. |
Verification of Register of Voters.
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| 27B. |
Process of Verification.
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| 28. |
Revision of register.
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PART VII – PREPARATION OF NEW REGISTER
| 29. |
Direction from Commission.
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| 32. |
Preparation of new register.
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| 33. |
Publication of register.
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PART VIII – REGISTRATION OF KENYAN CITIZENS RESIDING OUTSIDE KENYA
| 34. |
Registration of Kenyan citizens residing out of Kenya.
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| 35. |
Registration particulars of Kenyan citizens residing out of Kenya.
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| 36. |
Application for Registration by Kenyan citizens residing out of Kenya
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| 38. |
Registration personnel.
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PART VIIIA – REGISTRATION OF CITIZENS IN KENYAN PRISONS
| 39A. |
Registration of citizens in Kenyan prisons.
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| 39B. |
Registration particulars of citizens in Kenyan prisons.
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| 39C. |
Eligibility to vote.
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| 39D. |
Registration personnel.
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| 39E. |
When prisoner may vote.
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PART IX – MISCELLANEOUS
| 40. |
Summoning witnesses, evidence, etc.
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| 41. |
Notice to individuals.
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| 42. |
Publication of notices.
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| 43. |
Minor inaccuracies immaterial.
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| 44. |
Observation of the registration process.
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| 45. |
Alternative means of signification.
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| 46. |
Revocation of L.N. 173/2002.
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SCHEDULES
THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS, 2012
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Elections (Registration of Voters) Regulations, 2012.
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| 2. |
Interpretation
In these Regulations, unless the context otherwise requires-
"Commission" has the meaning assigned to it in the Act;
"foreign representative of Kenya" means a public officer serving in a Kenyan foreign mission abroad;
"register" means the register of voters prepared pursuant to section 8 of the Act and includes any part thereof.
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PART II – ADMINISTRATION
| 3. |
Registration centres
| (1) |
The Commission may, from time to time, designate and Gazette such—
| (a) |
places within the Republic as provided for in subregulation (2);
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| (b) |
premises of, or facilities provided by Kenyan missions abroad;
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| (c) |
any facility belonging to a public body or private persons in any foreign country;
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| (d) |
other facilities that the Commission may deem fit as registration centres for purposes of registering voters.
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| (2) |
The Commission may use, free of charge, for the purposes of voter registration —
| (a) |
a room or rooms in any public school as defined in the Education Act (Cap. 211);
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| (b) |
facilities belonging to, and maintained by, any public body;
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| (c) |
facilities in any foreign country as the Commission may, by arrangement with the relevant authorities in that country, determine for the purpose of registering Kenyan citizens residing in that country;
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| (d) |
such other public space or premises as the Commission may gazette.
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| (3) |
Where, as a result of the use of any facility under this regulation, any damage is caused to that facility, or any expense is unavoidably incurred by any person having control over the facility, the Commission shall repair the damage, or compensate such person, as the case may be.
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| (4) |
The Commission may, with prior arrangement with the owner, use private facilities where in the opinion of the Commission public facilities are unavailable, inadequate or unsuitable;
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| (5) |
No place whose use as a registration centre may offend the sensitivities of sections of the public or that may cause conflict of interest shall be used for purposes of registration.
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| 4. |
Registration officers
The Commission shall appoint—
| (a) |
a registration officer for every registration area; and
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| (b) |
such number of registration officers to register Kenyan citizens living abroad as the Commission may determine.
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| 5. |
Assistant registration officers
| (1) |
The Commission may appoint one or more assistant registration officers to assist a registration officer.
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| (2) |
An assistant registration officer may have all the powers and duties of the registration officer.
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| (3) |
An assistant registration officer shall be subject to the general direction and control of the registration officer.
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| (4) |
The recruitment and appointment of registration officers and assistant registration officers under this regulation shall be done competitively and transparently.
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PART III – THE REGISTER OF VOTERS
| 6. |
Preparation of register
Each registration officer shall prepare and maintain a register of voters for his or her polling station, ward and constituency in such form as the Commission may prescribe.
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| 7. |
Registration areas and Registration centres
| (1) |
| (a) |
divide each constituency in which registration is to be held into registration areas or, if it deems fit, declare any particular constituency to be a single registration area;
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| (b) |
assign to each registration area a distinguishing number or letter or a combination of number and letter;
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| (c) |
appoint a place or places or designate a vehicle or vehicles, vessel or vessels at which the polling station or stations for each registration area shall be established;
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| (d) |
designate such areas outside Kenya, in which registration is to be held, as a single registration area;
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| (e) |
declare the entire territory of the foreign country or any part of a foreign country, to be a registration area;
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| (f) |
declare a region consisting of more than one foreign country to be a single registration area; and
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| (g) |
publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium a notice specifying—
| (i) |
the registration areas established for registration; |
| (ii) |
the distinguishing number or letter, or combination thereof, assigned to each registration area; and |
| (iii) |
the place or places appointed, or the vehicle or vehicles, vessel and vessels designated, as registration centres. |
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| (2) |
The Commission may designate any of its offices to be a registration centre and may provide for mobile registration centres.
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| (3) |
The Commission may use the facilities of Kenyan foreign missions abroad, free of charge, for the purposes of voter registration or polling, as the case may be.
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| (4) |
The Commission shall, in respect of each registration area appoint a registration officer to be responsible for the compilation of a register for the respective area.
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| (5) |
Notwithstanding subregulation (1), a registration officer may receive applications for registration at places not specified in the notice published under subregulation (1)(g)(iii).
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| (6) |
If a registration officer closes a registration centre, the registration officer shall post a notice at that place indicating the other places at which applications may be made.
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| (7) |
Where applications are received at a place other than the designated registration centre, the registration officer shall ensure that the voter is aware of the particulars of the centre and that he or she intends to register at the centre to which the registration in question relates.
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| 8. |
Registration particulars
A register of voters shall contain the particulars set out in Form A in the Schedule.
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| 9. |
Changes to register
A registration officer may, in accordance with these Regulations, make changes to the register of voters-
| (a) |
to carry out a decision relating to a claim;
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| (b) |
related to transfer of registration;
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| (c) |
to correct clerical or other errors;
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| (d) |
to delete the name of a person who the registration officer is satisfied has died;
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| (e) |
to ensure that no person is registered more than once;
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| (f) |
to ensure that no person is registered if the person is not qualified to be so registered; and
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| (g) |
to include any appropriate changes that may be requested by a registered voter in respect of his or her registration.
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| 10. |
Other changes requiring notice, etc.
The following provisions shall apply to any proposed change not initiated by the person in respect of whom they relate—
| (a) |
the registration officer shall give the person whose registration particulars are the subject of the proposed change, a notice of the change;
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| (b) |
the notice under paragraph (a) shall be sent to the registered address of the person and the notice shall inform the person of his or her right to make representations under paragraph (c);
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| (c) |
the registration officer shall give the person an opportunity to, within seven days after the date of the notice paragraph (b), make representations with respect to the proposed change; and
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| (d) |
after considering any representations that the person may make, the registration officer may make the proposed change.
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| 11. |
Periodic list of changes
| (1) |
At least once every six months, each registration officer shall prepare a list of changes to the register of voters for his constituency and post the list at a place at the headquarters of the division and district within which the constituency is located where the public has access.
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| (2) |
The changes included on a list under subregulation (1) shall consist of the changes made since the previous list was prepared under subregulation (1).
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| (3) |
The list posted under subregulation (1) shall be posted for at least thirty days.
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| (4) |
The changes included on the first list prepared by each registration officer under subregulation (1) shall consist of the changes made since this regulation came into operation.
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| 12. |
Certification of register
| (1) |
Where, as a result of the operation of section 5 of the Act, the registration of voters may not be carried out, the registration officer shall certify the register of voters in Form B set out in the Schedule.
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| (2) |
The Commission shall publish a notice in the Gazette to the effect that the compilation of the register of voters has been completed.
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| (3) |
The Commission may amend the register of voters after it is certified to the extent necessary to reflect the result of determination of any claim, or appeal that was pending at the time the register was certified.
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| (4) |
The registration officer shall publish the certified register of voters in the following manner—
| (a) |
by making the register available for inspection at such places as the Commission may designate, by notice in the Gazette;
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| (b) |
by posting, at a place within the registration area where the public has access, a notice of the availability of the register for inspection; and
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| (c) |
by having in place an electronic register which may be accessed on a website, using a mobile phone and such other electronic media as the Commission may determine.
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PART IV – REGISTRATION OF VOTERS
| 13. |
Application for new registration
| (1) |
A person who is not already registered as a voter but who wishes to be so registered shall make an application in Form C set out in the Schedule.
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| (2) |
An application under subregulation (1) shall be made to the registration officer for the constituency in which the person wishes to be registered.
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| (3) |
The registration officer shall, for the purpose of registration, collect such biometric data which include palm print and facial impressions of the persons applying for registration, as the Commission may determine.
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| 14. |
Application for change in registration
| (1) |
A person who is already registered as a voter, but who wishes to have a change described in subregulation (2) made, shall make an application in accordance with this regulation.
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| (2) |
The changes referred to in subregulation (1) are—
| (a) |
a change in the particulars of the person's registration; or
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| (b) |
a change of the electoral area or polling station at which the person is registered to vote.
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| (3) |
An application for a change described in subregulation (2)(a) shall be made in Form C, to the registration officer for the constituency in which the person is registered.
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| (4) |
An application for a change described in subregulation (2)(b) shall be made in Form D, to the registration officer for the constituency in which the applicant wishes to be registered.
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| (5) |
An applicant under this regulation shall surrender any previously held voters card when making an application or, where such card is unavailable, make a declaration to that effect.
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| 15. |
When applications not allowed
| (1) |
A person may not make an application for registration under regulation 13 or 14—
| (a) |
during a time in which the registration of voters and revision of the register of voters is not allowed under section 4 of the Act; or
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| (b) |
during a period in which the Commission has suspended, under subregulation (2), the making of applications under regulations 13 and 14.
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| (2) |
The Commission may, by notice in the Gazette, suspend the making of applications under regulations 13 and 14 for a period specified in the notice.
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| 16. |
Consideration by registration officer
| (1) |
The registration officer to whom an application is made under regulation 13 or 14 shall consider the application and—
| (a) |
in the case of an application for registration under regulation 13, register the applicant if the registration officer is satisfied the applicant is qualified to be registered; or
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| (b) |
in the case of an application for a change under regulation 14, make the requested change if the registration officer is satisfied that it is proper to do so.
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| (2) |
If the registration officer registers a person or makes a change under subregulation (1), the registration officer shall issue a voter's card, in Form E set out in the Schedule, to the applicant.
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PART V – CLAIMS
| 17. |
Time for making claims
| (1) |
A claim to a registration officer under section 12 of the Act in respect of an application under these Regulations shall be made at any time by the registered voter.
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| (2) |
A claim under sub regulation (1) shall not be made within ninety days to the date of a general election or referendum or within sixty days to the date of a by-election.
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| 18. |
Method for making claim
claim shall be in Form F set out in the Schedule and shall be accompanied by a new application for registration under Part IV.
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| 19. |
Notice of claims
| (1) |
The registration officer shall, within seven days of receipt of a claim publish a notice of the claim.
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| (2) |
The notice of claim under subregulation (1) shall set out the names and addresses of all persons who have made claims.
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| 20. |
Consideration of claims
| (1) |
After publishing the notice of claims under regulation 19, the registration officer shall consider and determine each claim.
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| (2) |
For the purpose of considering a claim, the registration officer may require the claimant to attend before the registration officer.
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| (3) |
The registration officer shall give the claimant a written notice of the determination of the claim.
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| 21. |
Time for appeal
An appeal, under section 12(2) of the Act, to the Principal Magistrate Court from a determination by a registration officer may be made within fourteen days after the determination was made.
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| 22. |
Method of appeal
| (1) |
To make an appeal, the appellant shall deliver a written request to the Principal Magistrates Court or to High Court briefly stating the grounds of the appeal.
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| (2) |
The request shall be signed by the appellant.
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| 23. |
Request
For each request received under regulation 22, the registration officer shall forward the following to the Principal magistrates Court or the High Court—
| (a) |
a copy of the claim and new application under regulation 18;
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| (b) |
a copy of the notice of the determination of the claim under regulation 20(3); and
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| (c) |
written reasons for the determination.
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| 24. |
Hearing of appeal
| (1) |
This regulation applies with respect to the hearing of an appeal under section 12(2) of the Act.
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| (2) |
The parties to the appeal are the appellant and the registration officer.
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| (3) |
The Principal Magistrates Court or the High Court shall cause notice of the hearing of the appeal to be given to the parties at least seven days before the hearing.
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| (4) |
The notice of the hearing of an appeal shall set out the time and place of the hearing of the appeal.
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| (5) |
An appeal shall be heard and determined on a priority basis.
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| 25. |
Changes to register
After an appeal has been determined under regulation 24, the registration officer shall —
| (a) |
make any changes to the register of voters that are necessary as a result of the appeal;
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| (b) |
prepare a list of the changes made;
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| (c) |
post the list at the place where the list of changes was posted under regulation 11(1); and
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| (d) |
submit the list to the Commission for inclusion in the Principal Register of Voters.
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| 26. |
Claims not to affect register
Claims under this Part shall not affect the validity of the register of voters.
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PART VI – INSPECTION OF REGISTER
| 27. |
Publication of register, etc.
| (1) |
Inspection of the register shall be carried out as provided for in section 6 of the Act.
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| (2) |
The Commission shall publish a notice of the availability of the register for inspection in the Gazette and in at least two newspapers of national circulation and through other easily accessible medium.
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| (3) |
The notice shall set out —
| (a) |
a statement calling on the public to inspect the register;
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| (b) |
a statement specifying where and within which period the inspection may be carried out; and
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| (c) |
the hours during which inspection may be carried out.
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| (4) |
The notice shall be in Form G set out in the Schedule.
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| 28. |
Revision of register
| (1) |
After the last day of inspection specified in regulation 27, the registration officer for each constituency in respect of which the inspection was carried out shall revise the register of voters for the respective constituency.
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| (2) |
Within fourteen days after the close of inspection, the registration officer shall prepare a list of changes to the register of voters for his or her relevant register and the Principal Voter register.
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PART VII – PREPARATION OF NEW REGISTER
| 29. |
Direction from Commission
The Commission may direct that a new register of every constituency be prepared.
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| 30. |
Notice
| (1) |
If the Commission makes a direction under regulation 29, the Commission shall publish a notice in the Gazette and in one or more newspapers of national circulation.
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| (2) |
The notice shall set out—
| (a) |
a statement calling on all persons who wish to be registered to apply; and
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| (b) |
a statement specifying where and when applications may be made.
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| (3) |
The notice shall be in Form H set out in the Schedule.
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| (4) |
The Commission may amend a direction under regulation 29 by publishing a notice of the amendment in the Gazette and in one or more newspapers.
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| 31. |
Registrations
| (1) |
A person may apply for registration in accordance with the notice published under regulation 30 and, for that purpose, regulations 13 and 14 shall, with necessary modifications apply.
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| (2) |
Notwithstanding paragraph (1), a registration officer may transfer a place specified in the notice published under regulation 30 for making applications if, in the opinion of the registration officer, the number of applications made at the place does not warrant keeping it open.
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| (3) |
If a registration officer transfers a place for making applications under paragraph (2), the registration officer shall post a notice at that place indicating the other places at which applications may be made.
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| 32. |
Preparation of new register
As soon practicable after the last day for making applications to be registered in a constituency, the registration officer shall prepare a new register of voters under regulation 6.
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| 33. |
Publication of register
| (1) |
The registration officer shall publish the new register of voters in the following manner—
| (a) |
by making the relevant register available for inspection at the respective registration centre, ward and constituency Commission offices;
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| (b) |
by posting, at a place at the Commission's website, constituency offices, registration centre and ward where the public has access, a notice, in Form I set out in the Schedule, of the availability of the register for inspection; and
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| (c) |
by having in place an electronic register which may be accessed on a website using a mobile phone or such other electronic media as the Commission may determine.
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| (2) |
The notice posted under paragraph (1) (b) shall explain how a person may make a claim under section 12 of the Act.
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PART VIII – REGISTRATION OF KENYAN CITIZENS RESIDING OUTSIDE KENYA
| 34. |
Registration of Kenyan citizens residing out of Kenya
| (1) |
The Commission shall, at regular intervals, publish the names of countries in which registration and voting is scheduled to take place.
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| (2) |
A decision by the Commission to register Kenyan citizens residing outside Kenya or to conduct elections outside Kenya shall be based on the presence of a Kenyan Embassy, High Commission or Consulate.
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| 35. |
Registration particulars of Kenyan citizens residing out of Kenya
A register of voters who are Kenya citizens residing outside Kenya shall contain the particulars set out in Form J in the Schedule.
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| 36. |
Application for Registration by Kenyan citizens residing out of Kenya
A Kenya citizen residing outside Kenya shall apply for registration as a voter in Form J set out in the Schedule.
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| 37. |
Eligibility to Vote
A Kenya citizen residing outside Kenya shall apply for registration as a voter upon production of a valid Kenyan Passport.
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| 38. |
Registration personnel
For the purpose of registration of Kenyan citizens residing outside Kenya as voters, the Commission may appoint a foreign any representative of Kenya who shall not be the Ambassador, Deputy Ambassador, High Commissioner or Deputy High Commissioner of a Kenyan mission.
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| 39. |
Type of elections
A Kenya citizen residing outside Kenya shall only participate in a presidential election or a referendum.
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PART IX – MISCELLANEOUS
| 40. |
Summoning witnesses, evidence, etc
A registration officer may, for the purpose of considering or determining an application or claim —
| (a) |
summon any person to appear before him or her to give evidence on oath and administer an oath for that purpose; or
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| (b) |
order the production of any document relevant to an issue that the registration officer is required to consider and determine.
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| 41. |
Notice to individuals
All notices required to be given by a registration officer or the court to an individual shall be deemed to have been duly given if-
| (a) |
sent at least seven days to the date of hearing by registered post to the postal address, if any, given in the application, claim, appeal or; or
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| (b) |
published in at least one newspaper with nationwide circulation.
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| 42. |
Publication of notices
| (1) |
If a notice is required by these Regulations to be published and, in the opinion of the authority required to publish the notice, the prescribed mode of publication does not give sufficient publicity of the notice, the authority may, in addition to publishing the notice as required, exhibit copies of the notice at prominent places or take such other steps as the authority may deem necessary for giving sufficient publicity to the notice.
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| (2) |
Subregulation (1) also applies, with necessary modifications, to anything that is required by these Regulations to be posted or to be made available for inspection.
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| 43. |
Minor inaccuracies immaterial
No misnomer or inaccurate description of a person or place in a register of voters or other document prepared or issued under or for the purposes of these Regulations shall prejudice the validity of the register or document as respects that person or place, if the person or place is so designated as to be commonly understood.
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| 44. |
Observation of the registration process
| (1) |
Every registered political party shall have the right to observe the registration of voters and the revision of registers of voters through designated representatives.
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| (2) |
A registered party shall notify the Commission, in writing, of the names of its designated representatives.
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| (3) |
Any person, association or organization may apply to the Commission to be allowed to observe the registration of voters and the revision of registers of voters and to verify the accuracy of the register.
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| (4) |
Representatives of the media shall have the right to observe the registration process and to access the registration centres.
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| (5) |
Every individual observing the registration of voters and the revision of registers of voters shall comply with any guidelines issued by the Commission respecting the conduct of such observation.
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| 45. |
Alternative means of signification
If, because of physical inability, illness or illiteracy, a person cannot sign an application form, he or she may do any of the following instead of signing—
| (a) |
put the print of his or her thumb or other finger at the appropriate place in the form; or
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| (b) |
if the person has no thumb, print at the appropriate place in the form, the print of any finger or such other mark as the registration officer may allow.
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| 46. |
Revocation of L.N. 173/2002
The National Assembly Elections (Registration of Electors) Regulations, 2002, are revoked.
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Schedule
APPLICATION FOR REGISTRATION AS A VOTER
To the Registration Officer .......................................................................... Constituency ....................................................................... County.......................................... Ward .............................................. Registration centre .........................................
Surname ........................................... Other names .............................................
Identity card no./Kenyan passport no ..........................................
Date of birth .....................................
Residential address ............................................
Contact Telephone ...........................................
Postal address ..............................................
Disability (if any) .............................................
Whether you will require to be assisted by any one during voting ..................................................
I, the above named applicant, hereby apply to he registered in the Principal Register of Voters in accordance to the Constitution and the Elections Act.
DECLARATION
I .............................................................. , declare that at the date of this application:
| (i) |
I am qualified to be, and not disqualified from being, registered as a voter under the law in respect of the classes of election for which I now apply for registration. |
| (ii) |
I am in possession of a national identity card or Kenyan passport with the number indicated in this application. |
| (iii) |
The particulars entered on this form or submitted to the Commission which |
I have entered, read or have had read to me) are true to the best of my knowledge.
Dated:............................................ 20 .........................
Signature or thumbprint of applicant .....................................
Witnessed by:................................................................
Registration Officer/Assistant Registration Officer
Official stamp.
_______________________________________
FORM B
[Regulation 12)(I))]
CERTIFICATION OF REGISTER OF VOTERS
I hereby certify the document or documents described as follows as the Principal Registers of Voters or part of components of the register relating to the ...................................... ward ................................ Constituency ............................. county ...............................
Dated the ........................................... 20 ................
Registration Officer ..........................................
Constituency .................................................
_______________________________________
FORM C
[Regulation 14 (3)]
APPLICATION TO CHANGE PARTICULARS OF REGISTRATION
I, (the applicant), am registered in the register of voters as follows;
Name of Constituency ...........................................
Constituency code ................................................
Name of Ward .......................................................
Ward code .........................................................
Name of Registration centre ........................................
Registration centre code ...............................................................
Surname ...................................................
Other Name(s) .............................................................
Identity card/Kenyan passport
number .......................................................... expiry date ...................
Telephone number .....................................................
I wish to change the particulars of my registration as follows: ...................................................
Surname ...........................................
Other names ...........................................
Identity card/Kenya passport number .....................................................
Voter's number .................................................
Sex ..................................................
Date of birth .................................................
Dated: ................................. 20 ............................
Signature or thumbprint of applicant
Witnessed by ......................... (RO/RA)
_______________________________________
FORM D
[Regulation 14(4)]
APPLICATION FOR TRANSFER OF REGISTRATION IN WHICH A PERSON IS REGISTERED
Current Constituency ...................................................
Surname ..........................................
Other Name(s) ..............................................................
Identity card No./Kenyan passport No. ......................................
Date of birth ..................................
Sex ...............................................
Residential address:.....................................................
Contact Telephone ............................................................
Postal address .............................................................
Tel: .....................................................................
Email: ...............................................................
I, the applicant, am registered in the register of voters for the constituency noted above I wish to be registered in the register of voters for the following:
New Constituency ............................................................
County Assembly Ward.........................................................
New Polling Station ...........................................................
Contact (postal) address .............................................
Physical address ......................................
Telephone ..............................................................
Dated ........................20 ...............................
Signature or thumbprint of the applicant .................................................
Witnessed by ....................................................
______________________________________
FORM E
[Regulation. 16(2))]
Identity Card Serial No ..........................................
County: ...................................................
Constituency: ......................................................
Ward: ...........................................................
Polling Station ......................................................
Elections at which Voter is entitled to vote....................................
Presidential/Parliamentary/County/Ward/Referenda Note:-
You must produce your identity card or Kenyan passport in order to vote.
You are not entitled to vote unless your name appears in the register of voters.
______________________________________
CLAIM UNDER SECTION 12 OF THE ACT
To the Registration Officer, .............................................. Constituency)
Particulars of claimant
Surname ...........................................
Other Name(s) ............................................
Identity Card Number/Kenyan Passport Number ....................................................
Physical Address..........................................
Postal Address..................................
Tel: ........................................................
Email. .................................................
I ..................................................... the claimant, applied to be registered in the register of voters but have not been so registered. I hereby make a claim under section 12 of the Act to be registered.
Dated ...................................,20 .........................
......................................
Signature or thumbprint of Claimant
_________________________________
FORM G
[Regulation 27(4))]
NOTICE—REGISTER OF VOTERS TO BE REVISED
NOTICE is hereby given that the Principal Register of Voters/part of the principal register of voters relating to .............................. will be open for inspection for days.
The purpose of the inspection shall be to —
| (a) |
ensure that no person is incorrectly registered;
|
| (b) |
ensure that no person is registered more than once;
|
| (c) |
ensure that no registered person is omitted from the register;
|
| (d) |
ensure that no deceased person is in the register; and
|
| (e) |
to correct clerical errors.
|
Inspection may be made on or after ,...................... 20 ........................... but not later than ..................... 20 ....................
Inspection may be made at the places listed in the Schedule to this notice. If a place listed in the Schedule is closed before the last day for inspection, a notice will be posted at that place indicating the other places where applications may be made.
Forms for application may be obtained at any place of registration, while it is open.
PLACES WHERE APPLICATION MAY BE MADE
| 1. |
.....................................................................
|
| 2....................................................................... |
|
| 3................................................................... |
Dated the.............................., 20 ....................................
|
Independent Electoral and Boundaries Commission
_______________________________________
FORM H
[Regulation 30 (3)]
NOTICE—REGISTER OF VOTERS TO BE REPLACED
NOTICE is hereby given that a new register of voters will be compiled for the following constituency/county/ward: .............................................
All persons who wish to be registered as voters should apply.
Applications may be made on or after ......................., 20 .............. but not later than ................, 20 ...............
Applications may be made at the places listed in the Schedule to this notice.
If a place listed in the Schedule is closed before the last day for making applications, a notice will be posted at that place indicating the other places where application may be made.
NB: Please take note that registration shall be done where one wishes to vote. Any person who wishes to vote in any other place other than where he or she is registered he or she shall apply at the nearest constituency office.
PLACES WHERE APPLICATIONS MAY HE MADE
| 1. |
..................................................................
|
| 2. |
...................................................................
|
| 3. |
...................................................................
Dated the ......................................... , 20 ........................
|
____________________________________
Independent Electoral and Boundaries
____________________________________
FORM I
[(Regulation 33 (1)(b))]
NOTICE OF AVAILABILITY OF REGISTER FOR INSPECTION
Date of posting notice: ..................................................
NOTICE is hereby given that the new preliminary register of voters for the ....................................................... Constituency has been completed and is available for inspection for .................. days. The register may be inspected at the places listed in the Schedule.
How to make a claim:
A person who claims that he or she should be included in the register may make a claim to the registration officer within the period prescribed for inspection.
The claim must be made in the prescribed Form.
How to make an objection:
A person who is registered and who wishes to object to his or her own registration or the registration of another may make an objection to the Court within the period prescribed for inspection.
A person who is registered and who wishes to object to a claim of another may make an objection to the Court within the prescribed inspection period after the claim was posted.
An objection must be made in the prescribed form.
Dated the .......................... , 20 ......................
Registration Officer ......................
Places where application may be made
| 1....................................................... |
|
| 2. |
..............................................
|
___________________________________________
APPLICATION FOR REGISTRATION BY A KENYAN CITIZEN RESIDING OUTSIDE KENYA
Surname ..................................................
Other Name(s) ...............................................
Passport Number, Date and place of issue, passport expiry date ........................
Identity Card Number, Date and place of issue, .........................................
Date of birth ..........................................
CITIZENSHIP
Country of Birth .........................................
Citizen by birth/ registration .................................................
If by registration, date of registration (dd mm yyyy) ..............................................
COUNTRY OF RESIDENCE ..........................................
PHYSICAL ADDRESS ..................................
CONTACT ADDRESS ..............................................
| (a) |
Telephone (country code, telephone number) ...............................................
|
| (b) |
Email .....................................................
|
| (c) |
Postal Address .....................................
|
APPLICANT'S LAST RESIDENCE IN KENYA
| (a) |
Constituency ................................
|
| (b) |
Ward .....................................
|
| (c) |
Address .....................................
|
| (d) |
Cell phone number ........................................
|
DURATION OF STAY IN COUNTRY OF RESIDENCE
| (a) |
Years .........................
|
| (b) |
Months ......................
|
| (c) |
Days ............................
|
DISABILITY (if any).............................. WHETHER YOU WILL REQUIRE TO BE ASSISTED BY ANY ONE DURING
VOTING: .........................................
I, the applicant, hereby apply to be registered in the register of voters for the following:
DECLARATION
I declare that:
| (i) |
I am qualified to be, and not disqualified from being, registered as an voter under the Law in respect of the class or classes of election for which I now apply for registration. |
| (ii) |
I am in possession of a Kenyan passport with the number indicated in this application. |
| (iii) |
The particulars entered on this form (which I have entered, read or have had read to me) are in every respect true and correct. |
Dated: .......................................20 ........................
........................................
Signature or thumbprint of Applicant
Declared before me: ...................................
Registration Officer/Assistant Registration Officer
Official Stamp ........................
PLACES WHERE APPLICATION MAY BE MADE:
| 1. |
.........................................
|
| 2............................................. |
|
| 3 |
.........................................
|
THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS, 2012
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Elections (Registration of Voters) Regulations, 2012.
|
| 2. |
Interpretation
In these Regulations, unless the context otherwise requires-
"acknowledgement slip" means a document issued by the returning officer acknowledging application for registration;
"alphanumeric details" means all the other details of a voter except the biometric data;
"biometric" has the meaning assigned to it in section 2 of the Act;
"Commission" has the meaning assigned to it in the Act;
"foreign representative of Kenya" means a public officer serving in a Kenyan foreign mission abroad;
"identification document" has the meaning assigned to it in section 2 of the Act;
"prisoner" has the meaning assigned to it in section 2 of the Prisons Act (Cap. 90);
"register"
deleted by L.N. 73/2017, r. 2(a);
"Register of Voters" has the meaning assigned to it in section 2 of the Act;
"registration centre" means a centre designated and gazetted by the Commission under regulation 3;
"Voter Records Book" means the first book of data entry during the registration of a voter.
[L.N. 73 of 2017, r. 2.]
|
PART II – ADMINISTRATION
| 3. |
Registration centres
| (1) |
The Commission may, from time to time, designate and Gazette registration centers which shall include—
| (a) |
places within the Republic as provided for in subregulation (2);
|
| (b) |
premises of, or facilities provided by Kenyan missions abroad;
|
| (c) |
any facility belonging to a public body or private persons in any foreign country;
|
| (d) |
other facilities that the Commission may deem fit as registration centres for purposes of registering voters.
|
|
| (2) |
The Commission may use, free of charge, for the purposes of voter registration —
| (a) |
a room or rooms in any public school as defined in the Education Act (Cap. 211);
|
| (b) |
facilities belonging to, and maintained by, any public body;
|
| (c) |
facilities in any foreign country as the Commission may, by arrangement with the relevant authorities in that country, determine for the purpose of registering Kenyan citizens residing in that country;
|
| (d) |
such other public space or premises as the Commission may gazette.
|
|
| (3) |
Where, as a result of the use of any facility under this regulation, any damage is caused to that facility, or any expense is unavoidably incurred by any person having control over the facility, the Commission shall repair the damage, or compensate such person, as the case may be.
|
| (4) |
The Commission may, with prior arrangement with the owner, use private facilities where in the opinion of the Commission public facilities are unavailable, inadequate or unsuitable;
|
| (5) |
No place whose use as a registration centre may offend the sensitivities of sections of the public or that may cause conflict of interest shall be used for purposes of registration.
[L.N. 73 of 2017, r. 3.]
|
|
| 4. |
Registration officers
The Commission shall appoint—
| (a) |
a registration officer for every registration area; and
|
| (b) |
such number of registration officers to register Kenyan citizens living abroad as the Commission may determine.
|
|
| 5. |
Assistant registration officers
| (1) |
The Commission may appoint one or more assistant registration officers to assist a registration officer.
|
| (2) |
An assistant registration officer may have all the powers and duties of the registration officer.
|
| (3) |
An assistant registration officer shall be subject to the general direction and control of the registration officer.
|
| (4) |
The recruitment and appointment of registration officers and assistant registration officers under this regulation shall be done competitively and transparently.
|
|
| 5A. |
Gazettement of registration officers
Every appointment under regulations 4 and 5 shall—
| (a) |
be done transparently and competitively; and
|
| (b) |
be published in the Gazette.
|
|
PART III – THE REGISTER OF VOTERS
| 6. |
Preparation of register
Each registration officer shall prepare and maintain a register of voters for his or her polling station, ward and constituency in such form as the Commission may prescribe.
|
| 7. |
Registration areas and Registration centres
| (1) |
| (a) |
divide each constituency in which registration is to be held into registration areas or, if it deems fit, declare any particular constituency to be a single registration area;
|
| (b) |
assign to each registration area a distinguishing number or letter or a combination of number and letter;
|
| (c) |
appoint a place or places or designate a vehicle or vehicles, vessel or vessels at which the polling station or stations for each registration area shall be established;
|
| (d) |
designate such areas outside Kenya, in which registration is to be held, as a single registration area;
|
| (e) |
declare the entire territory of the foreign country or any part of a foreign country, to be a registration area;
|
| (f) |
declare a region consisting of more than one foreign country to be a single registration area; and
|
| (g) |
publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium a notice specifying—
| (i) |
the registration areas established for registration; |
| (ii) |
the distinguishing number or letter, or combination thereof, assigned to each registration area; and |
| (iii) |
the place or places appointed, or the vehicle or vehicles, vessel and vessels designated, as registration centres. |
|
|
| (2) |
The Commission may designate any of its offices to be a registration centre and may provide for mobile registration centres.
|
| (3) |
The Commission may use the facilities of Kenyan foreign missions abroad, free of charge, for the purposes of voter registration or polling, as the case may be.
|
| (4) |
The Commission shall, in respect of each registration area appoint a registration officer to be responsible for the compilation of a register for the respective area.
|
| (5) |
Notwithstanding subregulation (1), a registration officer may receive applications for registration at places not specified in the notice published under subregulation (1)(g)(iii).
|
| (6) |
If a registration officer closes a registration centre, the registration officer shall post a notice at that place indicating the other places at which applications may be made.
|
| (7) |
Where applications are received at a place other than the designated registration centre, the registration officer shall ensure that the voter is aware of the particulars of the centre and that he or she intends to register at the centre to which the registration in question relates.
|
|
| 8. |
Registration particulars
A register of voters shall contain biometric data and the particulars set out in Form A in the Schedule.
[L.N. 73 of 2017, r. 5.]
|
| 9. |
Changes to register
| (1) |
A registration officer may, in accordance with these Regulations, make changes to the register of voters-
| (a) |
to carry out a decision relating to a claim;
|
| (b) |
related to transfer of registration;
|
| (c) |
to correct clerical or other errors;
|
| (d) |
to delete the name of a person who the registration officer is satisfied has died;
|
| (e) |
to ensure that no person is registered more than once;
|
| (f) |
to ensure that no person is registered if the person is not qualified to be so registered;
|
| (g) |
to include any appropriate changes that may be requested by a registered voter in respect of his or her registration;
|
| (h) |
to correct loss of data owing to technological errors or any other causes;
|
| (i) |
to delete the names of persons who have renounced their Kenyan citizenship as provided for under section 19 of the Kenya Citizenship and Immigration Act, 2011 (No. 12 of 2011) and any other written law; and
|
| (j) |
to delete the names of persons whose citizenship has been revoked under section 21 of the Kenya Citizenship and Immigration Act, 2011 and any other written law.
|
|
| (2) |
Subject to paragraph (1)(d), the registration officer shall work in collaboration with the Registrar of Births and Deaths and National Registration Bureau to obtain the particulars in Form B set out in the Schedule.
[L.N. 73 of 2017, r. 6.]
|
|
| 10. |
Other changes requiring notice, etc.
The following provisions shall apply to any proposed change not initiated by the person in respect of whom they relate—
| (a) |
the registration officer shall give the person whose registration particulars are the subject of the proposed change, a notice of the change;
|
| (b) |
the notice under paragraph (a) shall be sent to the registered address of the person and the notice shall inform the person of his or her right to make representations under paragraph (c);
|
| (c) |
the registration officer shall give the person an opportunity to, within seven days after the date of the notice paragraph (b), make representations with respect to the proposed change; and
|
| (d) |
after considering any representations that the person may make, the registration officer may make the proposed change.
|
|
| 11. |
Periodic list of changes
| (1) |
At least once every six months, each registration officer shall prepare a list of changes to the register of voters for his constituency and post the list at a place at the headquarters of the division and district within which the constituency is located where the public has access.
|
| (2) |
The changes included on a list under subregulation (1) shall consist of the changes made since the previous list was prepared under subregulation (1).
|
| (3) |
The list posted under subregulation (1) shall be posted for at least thirty days.
|
| (4) |
The changes included on the first list prepared by each registration officer under subregulation (1) shall consist of the changes made since this regulation came into operation.
|
|
| 12. |
Certification of Register of Voters
| (1) |
Where as a result of operation of section 5 of the Act, the registration of voters has been ceased, the Registration officer shall compile the list of registered persons.
|
| (2) |
The registration officer shall after effecting compilation of the register of voters relating to the constituency submit his or her component for compilation by the Commission.
|
| (3) |
The Commission shall compile the register of voters comprising of components under section 4 of the Act.
|
| (4) |
The Commission shall certify and publish the Register of Voters in the Gazette.
|
| (5) |
The published Register of Voters under sub regulation (4) shall include the names of the County Assembly Wards and the total number of registered voters therein.
[L.N. 73 of 2017, r. 7.]
|
|
PART IV – REGISTRATION OF VOTERS
| 13. |
Application for new registration
| (1) |
A person who desires to be registered as a voter shall make an application in Form A set out in the Schedule.
|
| (2) |
An application under sub regulation (1) shall be made to the registration officer for the constituency in which the person wishes to be registered.
|
| (3) |
The registration officer shall collect biometric data of persons applying for registration.
[L.N. 73 of 2017, r. 8.]
|
|
| 13A. |
Registration procedure
| (1) |
A person who applies to be registered as a voter shall present his or her identification document to the registration officer stationed at a Registration Centre of his or her choice.
|
| (2) |
The registration officer shall, where the applicant is qualified to be registered as a voter, issue the applicant with Form A as set out in the Schedule.
|
| (3) |
The applicant shall return the duly completed Form A to the registration officer and the registration officer shall confirm the details in the form and enter them in the biometric voter registration system and the Voters Record Book.
|
| (4) |
The applicant shall be issued with an acknowledgement slip upon registration.
[L.N. 73 of 2017, r. 9.]
|
|
| 13B. |
Numerous registrations
| (1) |
A person shall not, at any time, be registered as a voter in more than one constituency.
|
| (2) |
A person shall not be registered as a voter more than once in the Register of Voters.
|
| (3) |
A person who simultaneously makes two or more applications to be registered as a voter shall not be qualified as a registered voter.
[L.N. 73 of 2017, r. 9.]
|
|
| 13C. |
Transfer of registration
A voter is not qualified to transfer his or her registration unless at the date of his or her application to be transferred he or she was ordinarily resident in that constituency six months immediately preceding the date of his or her application for transfer.
[L.N. 73 of 2017, r. 9.]
|
| 14. |
Application for change in registration
| (1) |
A person who is already registered as a voter, but who wishes to have a change described in subregulation (2) made, shall make an application in accordance with this regulation.
|
| (2) |
The changes referred to in subregulation (1) are—
| (a) |
a change in the particulars of the person's registration; or
|
| (b) |
a change of the electoral area or polling station at which the person is registered to vote.
|
|
| (3) |
An application for a change described in subregulation (2)(a) shall be made in Form B, to the registration officer for the constituency in which the person is registered.
|
| (4) |
An application for a change described in subregulation (2)(b) shall be made in Form C, to the registration officer for the constituency in which the applicant wishes to be registered.
|
| (5) |
Deleted by L.N. 73/2017, r. 10(c).
[L.N. 73 of 2017, r. 10.]
|
|
| 15. |
When applications not allowed
| (1) |
A person may not make an application for registration under regulation 13 or 14—
| (a) |
during a time in which the registration of voters and revision of the register of voters is not allowed under section 5 of the Act; or
|
| (b) |
during a period in which the Commission has suspended, under subregulation (2), the making of applications under regulations 13 and 14.
|
|
| (2) |
The Commission may, by notice in the Gazette, suspend the making of applications under regulations 13 and 14 for a period specified in the notice.
[L.N. 73 of 2017, r. 11.]
|
|
| 16. |
Consideration by registration officer
| (1) |
The registration officer to whom an application is made under regulation 13 or 14 shall consider the application and—
| (a) |
in the case of an application for registration under regulation 13, register the applicant if the registration officer is satisfied the applicant is qualified to be registered; or
|
| (b) |
in the case of an application for a change under regulation 14, make the requested change if the registration officer is satisfied that it is proper to do so.
|
|
| (2) |
If the registration officer registers a person or makes a change under subregulation (1), the registration officer shall issue an acknowledgement slip, to the applicant.
[L.N. 73 of 2017, r. 12.]
|
|
PART V – CLAIMS
| 17. |
Time for making claims
| (1) |
A claim to a registration officer under section 12 of the Act in respect of an application under these Regulations shall be made at any time by the registered voter.
|
| (2) |
A claim under sub regulation (1) shall not be made within ninety days to the date of a general election or referendum or within sixty days to the date of a by-election.
|
|
| 18. |
Method for making claim
A claim shall be in Form D set out in the Schedule and shall be accompanied by a new application for registration under Part IV.
[L.N. 73 of 2017, r. 13.]
|
| 19. |
Notice of claims
| (1) |
The registration officer shall, within seven days of receipt of a claim publish a notice of the claim.
|
| (2) |
The notice of claim under subregulation (1) shall set out the names and addresses of all persons who have made claims and shall be in Form E set out in the Schedule.
[L.N. 73 of 2017, r. 14.]
|
|
| 20. |
Consideration of claims
| (1) |
After publishing the notice of claims under regulation 19, the registration officer shall consider and determine each claim.
|
| (2) |
For the purpose of considering a claim, the registration officer may require the claimant to attend before the registration officer.
|
| (3) |
The registration officer shall within seven days of the date of publishing the Notice give the claimant a written notice of the determination of the claim.
[L.N. 73 of 2017, r. 15.]
|
|
| 21. |
Time for appeal
An appeal, under section 12(2) of the Act, to the Principal Magistrate Court from a determination by a registration officer may be made within fourteen days after the determination was made.
|
| 22. |
Method of appeal
| (1) |
To make an appeal, the appellant shall deliver a written request to the Principal Magistrates Court or to High Court briefly stating the grounds of the appeal.
|
| (2) |
The request shall be signed by the appellant.
|
|
| 23. |
Request
For each request received under regulation 22, the registration officer shall forward the following to the Principal magistrates Court or the High Court—
| (a) |
a copy of the claim and new application under regulation 18;
|
| (b) |
a copy of the notice of the determination of the claim under regulation 20(3); and
|
| (c) |
written reasons for the determination.
|
|
| 24. |
Hearing of appeal
| (1) |
This regulation applies with respect to the hearing of an appeal under section 12(2) of the Act.
|
| (2) |
The parties to the appeal are the appellant and the registration officer.
|
| (3) |
The Principal Magistrates Court or the High Court shall cause notice of the hearing of the appeal to be given to the parties at least seven days before the hearing.
|
| (4) |
The notice of the hearing of an appeal shall set out the time and place of the hearing of the appeal.
|
| (5) |
An appeal shall be heard and determined on a priority basis.
|
|
| 25. |
Changes to register
After an appeal has been determined under regulation 24, the registration officer shall —
| (a) |
make any changes to the register of voters that are necessary as a result of the appeal;
|
| (b) |
prepare a list of the changes made;
|
| (c) |
post the list at the place where the list of changes was posted under regulation 11(1); and
|
| (d) |
submit the list to the Commission for inclusion in the Principal Register of Voters.
|
|
| 26. |
Claims not to affect register
Claims under this Part shall not affect the validity of the register of voters.
|
PART VI – INSPECTION AND VERIFICATION OF REGISTER
[L.N. 73 of 2017, r. 16.]
| 27. |
Inspection of register
The Commission shall make available the Register of Voters for inspection to the public at all polling stations, by way of public web portal or any other medium the Commission may approve.
[L.N. 73 of 2017, r. 17.]
|
| 27A. |
Verification of Register of Voters
| (1) |
The Commission shall publish a notice of the availability of the register of voters for verification in the Gazette and in at least two newspapers of national circulation and through any other medium as the Commission may determine.
|
| (2) |
The notice published under sub regulation (1) shall set out—
| (a) |
a statement calling on the public to verify their particulars as captured in the register;
|
| (b) |
a statement specifying where and within which period the verification may be carried out; and
|
| (c) |
the hours during which verification may be carried out.
|
|
| (3) |
The notice under sub regulation (2) shall be in Form F set out in the Schedule.
[L.N. 73 of 2017, r. 18.]
|
|
| 27B. |
Process of Verification
| (1) |
A voter may verify the details of his or her registration at the voter's polling station in accordance with regulation 27A.
|
| (2) |
A voter may, where any of the details of the registration of the voter are incorrect, submit to the registration officer at the voter's polling station a claim form as prescribed by regulation 19.
|
| (3) |
The registration officer shall consider and determine the claim within three days after submission.
[L.N. 73 of 2017, r. 18.]
|
|
| 28. |
Revision of register
After the last day of verification, the registration officer for each constituency in respect of which the inspection and verification was carried out shall revise the register of voters for the respective constituency within such period as the Commission may determine.
[L.N. 73 of 2017, r. 19.]
|
PART VII – PREPARATION OF NEW REGISTER
| 29. |
Direction from Commission
The Commission may direct that a new register of every constituency be prepared.
|
| 30. |
Notice
| (1) |
If the Commission makes a direction under regulation 29, the Commission shall publish a notice in the Gazette and in one or more newspapers of national circulation.
|
| (2) |
The notice shall set out—
| (a) |
a statement calling on all persons who wish to be registered to apply; and
|
| (b) |
a statement specifying where and when applications may be made.
|
|
| (3) |
The notice shall be in Form G set out in the Schedule.
|
| (4) |
The Commission may amend a direction under regulation 29 by publishing a notice of the amendment in the Gazette and in one or more newspapers.
[L.N. 73 of 2017, r. 20.]
|
|
| 31. |
Registrations
| (1) |
A person may apply for registration in accordance with the notice published under regulation 30 and, for that purpose, regulations 13 and 14 shall, with necessary modifications apply.
|
| (2) |
Notwithstanding paragraph (1), a registration officer may transfer a place specified in the notice published under regulation 30 for making applications if, in the opinion of the registration officer, the number of applications made at the place does not warrant keeping it open.
|
| (3) |
If a registration officer transfers a place for making applications under paragraph (2), the registration officer shall post a notice at that place indicating the other places at which applications may be made.
|
|
| 32. |
Preparation of new register
As soon practicable after the last day for making applications to be registered in a constituency, the registration officer shall prepare a new register of voters under regulation 6.
|
| 33. |
Publication of register
| (1) |
The registration officer shall publish the new register of voters in the following manner—
| (a) |
by making the relevant register available for inspection at the respective registration centre, ward and constituency Commission offices;
|
| (b) |
by posting, at a place at the Commission's website, constituency offices, registration centre and ward where the public has access, a notice, in Form H set out in the Schedule, of the availability of the register for inspection; and
|
| (c) |
by having in place an electronic register which may be accessed on a website using a mobile phone or such other electronic media as the Commission may determine.
|
|
| (2) |
The notice posted under paragraph (1) (b) shall explain how a person may make a claim under section 12 of the Act.
[L.N. 73 of 2017, r. 21.]
|
|
PART VIII – REGISTRATION OF KENYAN CITIZENS RESIDING OUTSIDE KENYA
| 34. |
Registration of Kenyan citizens residing out of Kenya
| (1) |
The Commission shall, at regular intervals, publish the names of countries in which registration and voting is scheduled to take place.
|
| (2) |
A decision by the Commission to register Kenyan citizens residing outside Kenya or to conduct elections outside Kenya shall be based on the presence of a Kenyan Embassy, High Commission or Consulate.
|
|
| 35. |
Registration particulars of Kenyan citizens residing out of Kenya
A register of voters who are Kenya citizens residing outside Kenya shall contain the particulars set out in Form I in the Schedule.
[L.N. 73 of 2017, r. 22.]
|
| 36. |
Application for Registration by Kenyan citizens residing out of Kenya
A Kenya citizen residing outside Kenya shall apply for registration as a voter in Form I set out in the Schedule.
[L.N. 73 of 2017, r. 23.]
|
| 37. |
Eligibility to Vote
A Kenya citizen residing outside Kenya shall app registration as a voter upon production of a valid Kenyan Passport.
Provided that citizens residing in countries within the East African Community may present an Identity Card.
[L.N. 73 of 2017, r. 24.]
|
| 38. |
Registration personnel
For the purpose of registration of Kenyan citizens residing outside Kenya as voters, the Commission may appoint a foreign representative of Kenya who shall not be the Ambassador, Deputy Ambassador, High Commissioner or Deputy High Commissioner of a Kenyan mission.
|
| 39. |
Type of elections
A Kenya citizen residing outside Kenya shall only participate in a presidential election or a referendum.
|
PART VIIIA – REGISTRATION OF CITIZENS IN KENYAN PRISONS
[L.N. 73 of 2017, r. 25.]
| 39A. |
Registration of citizens in Kenyan prisons
The Commission shall, at regular intervals, publish the centres in which prisoners may register and vote.
[L.N. 73 of 2017, r. 25.]
|
| 39B. |
Registration particulars of citizens in Kenyan prisons
A prisoner who is not already registered as a voter but wishes to be registered shall make an application in Form K set out in the Schedule.
[L.N. 73 of 2017, r. 25.]
|
| 39C. |
Eligibility to vote
A prisoner shall comply with the provisions relating to the identification of persons for the purposes of registration as a voter set out in regulation 13.
[L.N. 73 of 2017, r. 25.]
|
| 39D. |
Registration personnel
The Commission shall appoint Registration Officers for the purpose of the registration of prisoners.
[L.N. 73 of 2017, r. 25.]
|
| 39E. |
When prisoner may vote
A prisoner may only vote in a presidential election or a referendum.
[L.N. 73 of 2017, r. 25.]
|
PART IX – MISCELLANEOUS
| 40. |
Summoning witnesses, evidence, etc
A registration officer may, for the purpose of considering or determining an application or claim —
| (a) |
summon any person to appear before him or her; or
|
| (b) |
order the production of any document relevant to an issue that the registration officer is required to consider and determine.
|
[L.N. 73 of 2017, r. 26.]
|
| 41. |
Notice to individuals
All notices required to be given by a registration officer or the court to an individual shall be deemed to have been duly given if-
| (a) |
sent at least seven days to the date of hearing by registered post to the postal address, if any, given in the application, claim, appeal or; or
|
| (b) |
published in at least one newspaper with nationwide circulation.
|
|
| 42. |
Publication of notices
| (1) |
If a notice is required by these Regulations to be published and, in the opinion of the authority required to publish the notice, the prescribed mode of publication does not give sufficient publicity of the notice, the authority may, in addition to publishing the notice as required, exhibit copies of the notice at prominent places or take such other steps as the authority may deem necessary for giving sufficient publicity to the notice.
|
| (2) |
Subregulation (1) also applies, with necessary modifications, to anything that is required by these Regulations to be posted or to be made available for inspection.
|
|
| 43. |
Minor inaccuracies immaterial
No misnomer or inaccurate description of a person or place in a register of voters or other document prepared or issued under or for the purposes of these Regulations shall prejudice the validity of the register or document as respects that person or place, if the person or place is so designated as to be commonly understood.
|
| 44. |
Observation of the registration process
| (1) |
Every registered political party shall have the right to observe the registration of voters and the revision of registers of voters through designated representatives.
|
| (2) |
A registered party shall notify the Commission, in writing, of the names of its designated representatives.
|
| (3) |
Any person, association or organization may apply to the Commission to be allowed to observe the registration of voters and the revision of registers of voters and to verify the accuracy of the register.
|
| (4) |
Representatives of the media shall have the right to observe the registration process and to access the registration centres.
|
| (5) |
Every individual observing the registration of voters and the revision of registers of voters shall comply with any guidelines issued by the Commission respecting the conduct of such observation.
|
|
| 45. |
Alternative means of signification
If, because of physical inability, illness or illiteracy, a person cannot sign an application form, he or she may do any of the following instead of signing—
| (a) |
put the print of his or her thumb or other finger at the appropriate place in the form; or
|
| (b) |
if the person has no thumb, print at the appropriate place in the form, the print of any finger or such other mark as the registration officer may allow.
|
|
| 46. |
Revocation of L.N. 173/2002
The National Assembly Elections (Registration of Electors) Regulations, 2002, are revoked.
|
Schedule
How to make a claim:
A person who claims that he or she should be included in the register may make a claim to
the registration officer within the period prescribed for inspection.
The claim must be made in the prescribed Form.
How to make an objection:
A person who is registered and who wishes to object to his or her own registration or the
registration of another may make an objection to the Court within the period prescribed for
inspection.
A person who is registered and who wishes to object to a claim of another may make an
objection to the Court within the prescribed inspection period after the claim was posted.
An objection must be made in the prescribed form.
Dated the ..................................................., 20 ...............
Registration Officer ..........................................................
Stamp
PLACES WHERE APPLICATIONS MAY BE MADE
| 1. |
..................................................................
|
| 2. |
...................................................................
|
| 3. |
...................................................................
Dated the ......................................... , 20 ........................
|
____________________________________
Independent Electoral and Boundaries
____________________________________
FORM J
[(Regulation 35 & 36.]
APPLICATION FOR REGISTRATION BY A KENYAN CITIZEN RESIDING OUTSIDE KENYA
Surname .....................................................................................................
Other Name(s) ...........................................................................................
Passport Number, Date and place of issue, passport expiry date ........................
Identity Card Number, Date and place of issue: ........................................................
Date of birth: ...........................................................................................................
CITIZENSHIP
Country of Birth......................................................................................
Citizen by birth/ registration ...................................................................
If by registration, date of registration (dd mm yyyy)
COUNTRY OF RESIDENCE: .........................................................................................
PHYSICAL ADDRESS: ......................................................................................................
CONTACT ADDRESS
| (a) |
Telephone (country code, telephone number) ..................................................
|
| (b) |
Email ...............................................................................................................
|
| (c) |
Postal Address .......................................................................................................
|
APPLICANT'S LAST RESIDENCE IN KENYA
| (a) |
Constituency....................................................................................................
|
| (b) |
Ward...............................................................................................................
|
| (c) |
Address...........................................................................................................
|
| (d) |
Cell phone number...........................................................................................
|
DURATION OF STAY IN COUNTRY OF RESIDENCE
| (a) |
Years ..............................................................................
|
| (b) |
Months .........................................................................
|
| (c) |
Days ................................................................................
|
DISABILITY (if any): .....................................................................................................
WHETHER YOU WILL REQUIRE TO BE ASSISTED BY ANY ONE DURING
VOTING: ..................................................................................................................
I, the applicant, hereby apply to be registered in the register of voters for the following:
DECLARATION
I declare that:
| (i) |
I am qualified to be, and not disqualified from being, registered as an voter under the |
Law in respect of the class or classes of election for which I now apply for registration.
| (ii) |
I am in possession of a Kenyan passport with the number indicated in this application. |
| (iii) |
The particulars entered on this form (which I have entered, read or have had read |
to me) are in every respect true and correct.
Dated: ................................................... 20 ...............
.............................................................................................
Signature or thumbprint of Applicant
Declared before me: ..............................................................
Registration Officer/Assistant Registration Officer
Official Stamp: .........................................................
Places where application may be made
| 1....................................................... |
|
| 2. |
.....................................................
|
| 3. |
.....................................................
|
___________________________________________
FORM K
[(Regulation 39B.]
APPLICATION FOR REGISTRATION AS A VOTER BY A PRISONER
To the Registration Officer ....................................... Constituency: ..................................
County: ................................................................................................
Ward: ...........................................Name of Prison Facility: ............................................
Contact Telephone of the Facility: ......................................................................................
Postal Address: .........................................................................................................
Surname: ...................................... Other names: ....................................................
Identity Card No./Kenyan Passport No: ............................................................
Date of Birth: ............................................................. Sex: .......................................
Disability (if any): .....................................................................................................
Whether you will require to be assisted by any one during voting:
........................................................................................................................
I, the above named applicant, hereby apply to be registered in the Register of Voters in
accordance to the Constitution and the Elections Act.
DECLARATION
I ................................................declare that at the date of this application:
| (i) |
I am qualified to be, and not disqualified from being, registered as a voter under the |
law in respect of the classes of election for which I now apply for registration.
| (ii) |
I am in possession of a National Identity Card or Kenyan Passport with the number |
indicated in this application.
| (iii) |
The particulars entered on this form or submitted to the Commission (which I have |
entered, read or have had read to me) are true to the best of my knowledge.
Dated: ........................................................., 20 ...............
Signature or Thumbprint of Applicant: .................................................................
Witnessed by: ...........................................................................................
Registration Officer/Assistant Registration Officer
Official stamp
.....................................
THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation.
These Regulations may be cited as the Elections (Registration of Voters) Regulations.
|
| 2. |
Interpretation.
In these Regulations, unless the context otherwise requires—
"acknowledgement slip" means a document issued by the returning officer acknowledging application for registration;
"alphanumeric details" means all the other details of a voter except the biometric data;
"biometric" has the meaning assigned to it in section 2 of the Act;
"Commission" has the meaning assigned to it in the Act;
"foreign representative of Kenya" means a public officer serving in a Kenyan foreign mission abroad;
"identification document" has the meaning assigned to it in section 2 of the Act;
"prisoner" has the meaning assigned to it in section 2 of the Prisons Act (Cap. 90);
"register" deleted by L.N. 73/2017, r. 2(a);
"Register of Voters" has the meaning assigned to it in section 2 of the Act;
"registration centre" means a centre designated and gazetted by the Commission under regulation 3;
"Voter Records Book" means the first book of data entry during the registration of a voter.
[L.N. 73/2017, r. 2.]
|
PART II – ADMINISTRATION
| 3. |
Registration centres.
| (1) |
The Commission may, from time to time, designate and Gazette registration centers which shall include—
| (a) |
places within the Republic as provided for in subregulation (2);
|
| (b) |
premises of, or facilities provided by Kenyan missions abroad;
|
| (c) |
any facility belonging to a public body or private persons in any foreign country;
|
| (d) |
other facilities that the Commission may deem fit as registration centres for purposes of registering voters.
|
|
| (2) |
The Commission may use, free of charge, for the purposes of voter registration—
| (a) |
a room or rooms in any public school as defined in the Education Act (Repealed);
|
| (b) |
facilities belonging to, and maintained by, any public body;
|
| (c) |
facilities in any foreign country as the Commission may, by arrangement with the relevant authorities in that country, determine for the purpose of registering Kenyan citizens residing in that country;
|
| (d) |
such other public space or premises as the Commission may gazette.
|
|
| (3) |
Where, as a result of the use of any facility under this regulation, any damage is caused to that facility, or any expense is unavoidably incurred by any person having control over the facility, the Commission shall repair the damage, or compensate such person, as the case may be.
|
| (4) |
The Commission may, with prior arrangement with the owner, use private facilities where in the opinion of the Commission public facilities are unavailable, inadequate or unsuitable;
|
| (5) |
No place whose use as a registration centre may offend the sensitivities of sections of the public or that may cause conflict of interest shall be used for purposes of registration.
[L.N. 73/2017, r. 3.]
|
|
| 4. |
Registration officers.
The Commission shall appoint—
| (a) |
a registration officer for every registration area; and
|
| (b) |
such number of registration officers to register Kenyan citizens living abroad as the Commission may determine.
|
|
| 5. |
Assistant registration officers.
| (1) |
The Commission may appoint one or more assistant registration officers to assist a registration officer.
|
| (2) |
An assistant registration officer may have all the powers and duties of the registration officer.
|
| (3) |
An assistant registration officer shall be subject to the general direction and control of the registration officer.
|
| (4) |
The recruitment and appointment of registration officers and assistant registration officers under this regulation shall be done competitively and transparently.
|
|
| 5A. |
Gazettement of registration officers
Every appointment under regulations 4 and 5 shall—
| (a) |
be done transparently and competitively; and
|
| (b) |
be published in the Gazette.
|
|
PART III – THE REGISTER OF VOTERS
| 6. |
Preparation of register.
Each registration officer shall prepare and maintain a register of voters for his or her polling station, ward and constituency in such form as the Commission may prescribe.
|
| 7. |
Registration areas and Registration centres.
| (1) |
| (a) |
divide each constituency in which registration is to be held into registration areas or, if it deems fit, declare any particular constituency to be a single registration area;
|
| (b) |
assign to each registration area a distinguishing number or letter or a combination of number and letter;
|
| (c) |
appoint a place or places or designate a vehicle or vehicles, vessel or vessels at which the polling station or stations for each registration area shall be established;
|
| (d) |
designate such areas outside Kenya, in which registration is to be held, as a single registration area;
|
| (e) |
declare the entire territory of the foreign country or any part of a foreign country, to be a registration area;
|
| (f) |
declare a region consisting of more than one foreign country to be a single registration area; and
|
| (g) |
publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium a notice specifying—
| (i) |
the registration areas established for registration; |
| (ii) |
the distinguishing number or letter, or combination thereof, assigned to each registration area; and |
| (iii) |
the place or places appointed, or the vehicle or vehicles, vessel and vessels designated, as registration centres. |
|
|
| (2) |
The Commission may designate any of its offices to be a registration centre and may provide for mobile registration centres.
|
| (3) |
The Commission may use the facilities of Kenyan foreign missions abroad, free of charge, for the purposes of voter registration or polling, as the case may be.
|
| (4) |
The Commission shall, in respect of each registration area appoint a registration officer to be responsible for the compilation of a register for the respective area.
|
| (5) |
Notwithstanding subregulation (1), a registration officer may receive applications for registration at places not specified in the notice published under subregulation (1)(g)(iii).
|
| (6) |
If a registration officer closes a registration centre, the registration officer shall post a notice at that place indicating the other places at which applications may be made.
|
| (7) |
Where applications are received at a place other than the designated registration centre, the registration officer shall ensure that the voter is aware of the particulars of the centre and that he or she intends to register at the centre to which the registration in question relates.
|
|
| 8. |
Registration particulars.
A register of voters shall contain biometric data and the particulars set out in Form A in the Schedule.
[L.N. 73/2017, r. 5.]
|
| 9. |
Changes to register.
| (1) |
A registration officer may, in accordance with these Regulations, make changes to the register of voters—
| (a) |
to carry out a decision relating to a claim;
|
| (b) |
related to transfer of registration;
|
| (c) |
to correct clerical or other errors;
|
| (d) |
to delete the name of a person who the registration officer is satisfied has died;
|
| (e) |
to ensure that no person is registered more than once;
|
| (f) |
to ensure that no person is registered if the person is not qualified to be so registered;
|
| (g) |
to include any appropriate changes that may be requested by a registered voter in respect of his or her registration;
|
| (h) |
to correct loss of data owing to technological errors or any other causes;
|
| (i) |
to delete the names of persons who have renounced their Kenyan citizenship as provided for under section 19 of the Kenya Citizenship and Immigration Act (Cap. 170) and any other written law; and
|
| (j) |
to delete the names of persons whose citizenship has been revoked under section 21 of the Kenya Citizenship and Immigration Act and any other written law.
|
|
| (2) |
Subject to paragraph (1)(d), the registration officer shall work in collaboration with the Registrar of Births and Deaths and National Registration Bureau to obtain the particulars in Form B set out in the Schedule.
[L.N. 73/2017, r. 6.]
|
|
| 10. |
Other changes requiring notice, etc.
The following provisions shall apply to any proposed change not initiated by the person in respect of whom they relate—
| (a) |
the registration officer shall give the person whose registration particulars are the subject of the proposed change, a notice of the change;
|
| (b) |
the notice under paragraph (a) shall be sent to the registered address of the person and the notice shall inform the person of his or her right to make representations under paragraph (c);
|
| (c) |
the registration officer shall give the person an opportunity to, within seven days after the date of the notice paragraph (b), make representations with respect to the proposed change; and
|
| (d) |
after considering any representations that the person may make, the registration officer may make the proposed change.
|
|
| 11. |
Periodic list of changes.
| (1) |
At least once every six months, each registration officer shall prepare a list of changes to the register of voters for his constituency and post the list at a place at the headquarters of the division and district within which the constituency is located where the public has access.
|
| (2) |
The changes included on a list under subregulation (1) shall consist of the changes made since the previous list was prepared under subregulation (1).
|
| (3) |
The list posted under subregulation (1) shall be posted for at least thirty days.
|
| (4) |
The changes included on the first list prepared by each registration officer under subregulation (1) shall consist of the changes made since this regulation came into operation.
|
|
| 12. |
Certification of Register of Voters.
| (1) |
Where as a result of operation of section 5 of the Act, the registration of voters has been ceased, the Registration officer shall compile the list of registered persons.
|
| (2) |
The registration officer shall after effecting compilation of the register of voters relating to the constituency submit his or her component for compilation by the Commission.
|
| (3) |
The Commission shall compile the register of voters comprising of components under section 4 of the Act.
|
| (4) |
The Commission shall certify and publish the Register of Voters in the Gazette.
|
| (5) |
The published Register of Voters under sub regulation (4) shall include the names of the County Assembly Wards and the total number of registered voters therein.
[L.N. 73/2017, r. 7.]
|
|
PART IV – REGISTRATION OF VOTERS
| 13. |
Application for new registration.
| (1) |
A person who desires to be registered as a voter shall make an application in Form A set out in the Schedule.
|
| (2) |
An application under sub regulation (1) shall be made to the registration officer for the constituency in which the person wishes to be registered.
|
| (3) |
The registration officer shall collect biometric data of persons applying for registration.
[L.N. 73/2017, r. 8.]
|
|
| 13A. |
Registration procedure.
| (1) |
A person who applies to be registered as a voter shall present his or her identification document to the registration officer stationed at a Registration Centre of his or her choice.
|
| (2) |
The registration officer shall, where the applicant is qualified to be registered as a voter, issue the applicant with Form A as set out in the Schedule.
|
| (3) |
The applicant shall return the duly completed Form A to the registration officer and the registration officer shall confirm the details in the form and enter them in the biometric voter registration system and the Voters Record Book.
|
| (4) |
The applicant shall be issued with an acknowledgement slip upon registration.
[L.N. 73/2017, r. 9.]
|
|
| 13B. |
Numerous registrations.
| (1) |
A person shall not, at any time, be registered as a voter in more than one constituency.
|
| (2) |
A person shall not be registered as a voter more than once in the Register of Voters.
|
| (3) |
A person who simultaneously makes two or more applications to be registered as a voter shall not be qualified as a registered voter.
[L.N. 73/2017, r. 9.]
|
|
| 13C. |
Transfer of registration.
A voter is not qualified to transfer his or her registration unless at the date of his or her application to be transferred he or she was ordinarily resident in that constituency six months immediately preceding the date of his or her application for transfer.
[L.N. 73/2017, r. 9.]
|
| 14. |
Application for change in registration.
| (1) |
A person who is already registered as a voter, but who wishes to have a change described in subregulation (2) made, shall make an application in accordance with this regulation.
|
| (2) |
The changes referred to in subregulation (1) are—
| (a) |
a change in the particulars of the person's registration; or
|
| (b) |
a change of the electoral area or polling station at which the person is registered to vote.
|
|
| (3) |
An application for a change described in subregulation (2)(a) shall be made in Form B, to the registration officer for the constituency in which the person is registered.
|
| (4) |
An application for a change described in subregulation (2)(b) shall be made in Form C, to the registration officer for the constituency in which the applicant wishes to be registered.
|
| (5) |
Deleted by L.N. 73/2017, r. 10(c).
[L.N. 73/2017, r. 10.]
|
|
| 15. |
When applications not allowed.
| (1) |
A person may not make an application for registration under regulation 13 or 14—
| (a) |
during a time in which the registration of voters and revision of the register of voters is not allowed under section 5 of the Act; or
|
| (b) |
during a period in which the Commission has suspended, under subregulation (2), the making of applications under regulations 13 and 14.
|
|
| (2) |
The Commission may, by notice in the Gazette, suspend the making of applications under regulations 13 and 14 for a period specified in the notice.
[L.N. 73/2017, r. 11.]
|
|
| 16. |
Consideration by registration officer.
| (1) |
The registration officer to whom an application is made under regulation 13 or 14 shall consider the application and—
| (a) |
in the case of an application for registration under regulation 13, register the applicant if the registration officer is satisfied the applicant is qualified to be registered; or
|
| (b) |
in the case of an application for a change under regulation 14, make the requested change if the registration officer is satisfied that it is proper to do so.
|
|
| (2) |
If the registration officer registers a person or makes a change under subregulation (1), the registration officer shall issue an acknowledgement slip, to the applicant.
[L.N. 73/2017, r. 12.]
|
|
PART V – CLAIMS
| 17. |
Time for making claims.
| (1) |
A claim to a registration officer under section 12 of the Act in respect of an application under these Regulations shall be made at any time by the registered voter.
|
| (2) |
A claim under sub regulation (1) shall not be made within ninety days to the date of a general election or referendum or within sixty days to the date of a by-election.
|
|
| 18. |
Method for making claim.
A claim shall be in Form D set out in the Schedule and shall be accompanied by a new application for registration under Part IV.
[L.N. 73/2017, r. 13.]
|
| 19. |
Notice of claims.
| (1) |
The registration officer shall, within seven days of receipt of a claim publish a notice of the claim.
|
| (2) |
The notice of claim under subregulation (1) shall set out the names and addresses of all persons who have made claims and shall be in Form E set out in the Schedule.
[L.N. 73/2017, r. 14.]
|
|
| 20. |
Consideration of claims.
| (1) |
After publishing the notice of claims under regulation 19, the registration officer shall consider and determine each claim.
|
| (2) |
For the purpose of considering a claim, the registration officer may require the claimant to attend before the registration officer.
|
| (3) |
The registration officer shall within seven days of the date of publishing the Notice give the claimant a written notice of the determination of the claim.
[L.N. 73/2017, r. 15.]
|
|
| 21. |
Time for appeal.
An appeal, under section 12(2) of the Act, to the Principal Magistrate Court from a determination by a registration officer may be made within fourteen days after the determination was made.
|
| 22. |
Method of appeal.
| (1) |
To make an appeal, the appellant shall deliver a written request to the Principal Magistrates Court or to High Court briefly stating the grounds of the appeal.
|
| (2) |
The request shall be signed by the appellant.
|
|
| 23. |
Request.
For each request received under regulation 22, the registration officer shall forward the following to the Principal magistrates Court or the High Court—
| (a) |
a copy of the claim and new application under regulation 18;
|
| (b) |
a copy of the notice of the determination of the claim under regulation 20(3); and
|
| (c) |
written reasons for the determination.
|
|
| 24. |
Hearing of appeal.
| (1) |
This regulation applies with respect to the hearing of an appeal under section 12(2) of the Act.
|
| (2) |
The parties to the appeal are the appellant and the registration officer.
|
| (3) |
The Principal Magistrates Court or the High Court shall cause notice of the hearing of the appeal to be given to the parties at least seven days before the hearing.
|
| (4) |
The notice of the hearing of an appeal shall set out the time and place of the hearing of the appeal.
|
| (5) |
An appeal shall be heard and determined on a priority basis.
|
|
| 25. |
Changes to register.
After an appeal has been determined under regulation 24, the registration officer shall—
| (a) |
make any changes to the register of voters that are necessary as a result of the appeal;
|
| (b) |
prepare a list of the changes made;
|
| (c) |
post the list at the place where the list of changes was posted under regulation 11(1); and
|
| (d) |
submit the list to the Commission for inclusion in the Principal Register of Voters.
|
|
| 26. |
Claims not to affect register.
Claims under this Part shall not affect the validity of the register of voters.
|
PART VI – INSPECTION AND VERIFICATION OF REGISTER
| 27. |
Inspection of register.
The Commission shall make available the Register of Voters for inspection to the public at all polling stations, by way of public web portal or any other medium the Commission may approve.
[L.N. 73/2017, r. 17.]
|
| 27A. |
Verification of Register of Voters.
| (1) |
The Commission shall publish a notice of the availability of the register of voters for verification in the Gazette and in at least two newspapers of national circulation and through any other medium as the Commission may determine.
|
| (2) |
The notice published under sub regulation (1) shall set out—
| (a) |
a statement calling on the public to verify their particulars as captured in the register;
|
| (b) |
a statement specifying where and within which period the verification may be carried out; and
|
| (c) |
the hours during which verification may be carried out.
|
|
| (3) |
The notice under sub regulation (2) shall be in Form F set out in the Schedule.
[L.N. 73/2017, r. 18.]
|
|
| 27B. |
Process of Verification.
| (1) |
A voter may verify the details of his or her registration at the voter's polling station in accordance with regulation 27A.
|
| (2) |
A voter may, where any of the details of the registration of the voter are incorrect, submit to the registration officer at the voter's polling station a claim form as prescribed by regulation 19.
|
| (3) |
The registration officer shall consider and determine the claim within three days after submission.
[L.N. 73/2017, r. 18.]
|
|
| 28. |
Revision of register.
After the last day of verification, the registration officer for each constituency in respect of which the inspection and verification was carried out shall revise the register of voters for the respective constituency within such period as the Commission may determine.
[L.N. 73/2017, r. 19.]
|
PART VII – PREPARATION OF NEW REGISTER
| 29. |
Direction from Commission.
The Commission may direct that a new register of every constituency be prepared.
|
| 30. |
Notice.
| (1) |
If the Commission makes a direction under regulation 29, the Commission shall publish a notice in the Gazette and in one or more newspapers of national circulation.
|
| (2) |
The notice shall set out—
| (a) |
a statement calling on all persons who wish to be registered to apply; and
|
| (b) |
a statement specifying where and when applications may be made.
|
|
| (3) |
The notice shall be in Form G set out in the Schedule.
|
| (4) |
The Commission may amend a direction under regulation 29 by publishing a notice of the amendment in the Gazette and in one or more newspapers.
[L.N. 73/2017, r. 20.]
|
|
| 31. |
Registrations.
| (1) |
A person may apply for registration in accordance with the notice published under regulation 30 and, for that purpose, regulations 13 and 14 shall, with necessary modifications apply.
|
| (2) |
Notwithstanding paragraph (1), a registration officer may transfer a place specified in the notice published under regulation 30 for making applications if, in the opinion of the registration officer, the number of applications made at the place does not warrant keeping it open.
|
| (3) |
If a registration officer transfers a place for making applications under paragraph (2), the registration officer shall post a notice at that place indicating the other places at which applications may be made.
|
|
| 32. |
Preparation of new register.
As soon practicable after the last day for making applications to be registered in a constituency, the registration officer shall prepare a new register of voters under regulation 6.
|
| 33. |
Publication of register.
| (1) |
The registration officer shall publish the new register of voters in the following manner—
| (a) |
by making the relevant register available for inspection at the respective registration centre, ward and constituency Commission offices;
|
| (b) |
by posting, at a place at the Commission's website, constituency offices, registration centre and ward where the public has access, a notice, in Form H set out in the Schedule, of the availability of the register for inspection; and
|
| (c) |
by having in place an electronic register which may be accessed on a website using a mobile phone or such other electronic media as the Commission may determine.
|
|
| (2) |
The notice posted under paragraph (1) (b) shall explain how a person may make a claim under section 12 of the Act.
[L.N. 73/2017, r. 21.]
|
|
PART VIII – REGISTRATION OF KENYAN CITIZENS RESIDING OUTSIDE KENYA
| 34. |
Registration of Kenyan citizens residing out of Kenya.
| (1) |
The Commission shall, at regular intervals, publish the names of countries in which registration and voting is scheduled to take place.
|
| (2) |
A decision by the Commission to register Kenyan citizens residing outside Kenya or to conduct elections outside Kenya shall be based on the presence of a Kenyan Embassy, High Commission or Consulate.
|
|
| 35. |
Registration particulars of Kenyan citizens residing out of Kenya.
A register of voters who are Kenya citizens residing outside Kenya shall contain the particulars set out in Form I in the Schedule.
[L.N. 73/2017, r. 22.]
|
| 36. |
Application for Registration by Kenyan citizens residing out of Kenya
A Kenya citizen residing outside Kenya shall apply for registration as a voter in Form I set out in the Schedule.
[L.N. 73/2017, r. 23.]
|
| 37. |
Eligibility to Vote.
A Kenya citizen residing outside Kenya shall app registration as a voter upon production of a valid Kenyan Passport.
Provided that citizens residing in countries within the East African Community may present an Identity Card.
[L.N. 73/2017, r. 24.]
|
| 38. |
Registration personnel.
For the purpose of registration of Kenyan citizens residing outside Kenya as voters, the Commission may appoint a foreign representative of Kenya who shall not be the Ambassador, Deputy Ambassador, High Commissioner or Deputy High Commissioner of a Kenyan mission.
|
| 39. |
Type of elections.
A Kenya citizen residing outside Kenya shall only participate in a presidential election or a referendum.
|
PART VIIIA – REGISTRATION OF CITIZENS IN KENYAN PRISONS
| 39A. |
Registration of citizens in Kenyan prisons.
The Commission shall, at regular intervals, publish the centres in which prisoners may register and vote.
[L.N. 73/2017, r. 25.]
|
| 39B. |
Registration particulars of citizens in Kenyan prisons.
A prisoner who is not already registered as a voter but wishes to be registered shall make an application in Form K set out in the Schedule.
[L.N. 73/2017, r. 25.]
|
| 39C. |
Eligibility to vote.
A prisoner shall comply with the provisions relating to the identification of persons for the purposes of registration as a voter set out in regulation 13.
[L.N. 73/2017, r. 25.]
|
| 39D. |
Registration personnel.
The Commission shall appoint Registration Officers for the purpose of the registration of prisoners.
[L.N. 73/2017, r. 25.]
|
| 39E. |
When prisoner may vote.
A prisoner may only vote in a presidential election or a referendum.
[L.N. 73/2017, r. 25.]
|
PART IX – MISCELLANEOUS
| 40. |
Summoning witnesses, evidence, etc.
A registration officer may, for the purpose of considering or determining an application or claim—
| (a) |
summon any person to appear before him or her; or
|
| (b) |
order the production of any document relevant to an issue that the registration officer is required to consider and determine.
|
|
| 41. |
Notice to individuals.
All notices required to be given by a registration officer or the court to an individual shall be deemed to have been duly given if—
| (a) |
sent at least seven days to the date of hearing by registered post to the postal address, if any, given in the application, claim, appeal or; or
|
| (b) |
published in at least one newspaper with nationwide circulation.
|
|
| 42. |
Publication of notices.
| (1) |
If a notice is required by these Regulations to be published and, in the opinion of the authority required to publish the notice, the prescribed mode of publication does not give sufficient publicity of the notice, the authority may, in addition to publishing the notice as required, exhibit copies of the notice at prominent places or take such other steps as the authority may deem necessary for giving sufficient publicity to the notice.
|
| (2) |
Subregulation (1) also applies, with necessary modifications, to anything that is required by these Regulations to be posted or to be made available for inspection.
|
|
| 43. |
Minor inaccuracies immaterial.
No misnomer or inaccurate description of a person or place in a register of voters or other document prepared or issued under or for the purposes of these Regulations shall prejudice the validity of the register or document as respects that person or place, if the person or place is so designated as to be commonly understood.
|
| 44. |
Observation of the registration process.
| (1) |
Every registered political party shall have the right to observe the registration of voters and the revision of registers of voters through designated representatives.
|
| (2) |
A registered party shall notify the Commission, in writing, of the names of its designated representatives.
|
| (3) |
Any person, association or organization may apply to the Commission to be allowed to observe the registration of voters and the revision of registers of voters and to verify the accuracy of the register.
|
| (4) |
Representatives of the media shall have the right to observe the registration process and to access the registration centres.
|
| (5) |
Every individual observing the registration of voters and the revision of registers of voters shall comply with any guidelines issued by the Commission respecting the conduct of such observation.
|
|
| 45. |
Alternative means of signification.
If, because of physical inability, illness or illiteracy, a person cannot sign an application form, he or she may do any of the following instead of signing—
| (a) |
put the print of his or her thumb or other finger at the appropriate place in the form; or
|
| (b) |
if the person has no thumb, print at the appropriate place in the form, the print of any finger or such other mark as the registration officer may allow.
|
|
| 46. |
Revocation of L.N. 173/2002.
The National Assembly Elections (Registration of Electors) Regulations (L.N. 173/2002), are revoked.
|
SCHEDULE
FORMS
[L.N. 73/2017, r. 27.]
|
FORM A
|
(r. 13(1), 13A(2))
|
|
APPLICATION FOR REGISTRATION AS A VOTER
|
|
To the Registration Officer ...............................................................................................
|
|
Constituency ......................................
|
County ..............................................................
|
|
Ward ....................................................
|
Registration centre ...........................................
|
|
Surname ...............................................
|
Other names ......................................................
|
|
Identity Card No./Kenyan passport No: .....................................................................
|
|
Date of birth: ..........................................
|
Sex ....................................................
|
|
Residential address: ........................................................................
|
|
Contact Telephone: .........................................................................
|
|
Postal address: .................................................................................
|
|
Email: .................................................................................................
|
|
Disability (if any) : ............................................................................
|
|
I, the above named applicant, hereby apply to be registered in the Principal Register of Voters in accordance to the Constitution and the Elections Act.
|
|
DECLARATION
|
|
I ............................................................................ , declare that at the date of this application:
|
|
|
(i) I am qualified to be, and not disqualified from being, registered as a voter under the law in respect of the classes of election for which I now apply for registration.
|
|
|
(ii) I am in possession of a national identity card or Kenyan passport with the number indicated in this application.
|
|
|
(iii) The particulars entered on this form or submitted to the Commission (which I have entered, read or have had read to me) are true to the best of my knowledge.
|
|
Dated: ......................................................................... 20 ...................................................
|
|
Signature or Thumbprint of Applicant ...............................................................................
|
|
Witnessed by: .....................................................................................................................
|
|
Registration Officer/Assistant Registration Officer
|
|
Official stamp.
|
|
FORM B
|
(r. 12)(1))
|
|
CERTIFICATION OF REGISTER OF VOTERS
|
|
I hereby certify the document or documents described as follows as the Principal Registers of Voters or part of components of the register relating to the ward constitueno county.
|
|
Dated the .................................................................. 20 ..................................................
|
|
Registration Officer .....................................................................................
|
|
Constituency.....................................................................................
|
|
FORM C
|
(r. 14 (3)
|
|
APPLICATION TO CHANGE PARTICULARS OF REGISTRATION
|
|
I, (the applicant), am registered in the register of Voters as follows
|
|
Name of Constituency .....................................................................................
|
|
Constituency code ...........................................................................................
|
|
Name of Ward ..................................................................................................
|
|
Ward code...........................................................................................................
|
|
Name of Registration centre .............................................................................
|
|
Registration centre code .....................................................................................
|
|
Surname ................................................................................................................
|
|
Other Name(s) ......................................................................................................
|
|
Identity card/Kenyan passport number ........................................................... expiry date ....................................................
|
|
Telephone number ...............................................................................................
|
|
I wish to change the particulars of my registration as follows:
|
|
Surname ...................................................................................................................
|
|
Other names ..........................................................................................................
|
|
Identity card/Kenya passport number ............................................................
|
|
Voter's number ......................................................................................................
|
|
Sex ...........................................................................................................................
|
|
Date of birth ........................................................................................................
|
|
Dated: .................................................................... 20.......................................................
|
|
Signature or Thumbprint of Applicant: ....................................................................
|
|
Witnessed by: ......................................................................................................... RO/RA
|
|
FORM D
|
(r.14 (4))
|
|
APPLICATION FOR TRANSFER OF REGISTRATION IN WHICH A PERSON IS REGISTERED
|
|
Current Constituency .....................................................................................
|
|
Surname ............................................................................................................
|
|
Other Name(s) ....................................................................................................
|
|
Identity card No./Kenyan passport No: ........................................................
|
|
Date of birth: ........................................................................................................
|
|
Sex ...........................................................................................................................
|
|
Residential address: ..............................................................................................
|
|
Contact Telephone .................................................................................................
|
|
Postal address: ........................................................................................................
|
|
Tel: ...........................................................................................................................
|
|
Email: .......................................................................................................................
|
|
I, the applicant, am registered in the register of voters for the constituency noted above
|
|
I wish to be registered in the register of voters for the following:
|
|
New Constituency: ..................................................................................................
|
|
County Assembly Ward: ........................................................................................
|
|
New Polling Station ..............................................................................................
|
|
Contact (postal) address .........................................................................................
|
|
Physical address .....................................................................................................
|
|
Telephone ................................................................................................................
|
|
Dated: .................................................................................., 20 ..............................
|
|
Signature or Thumbprint of Applicant: ...............................................................
|
|
Witnessed by: .............................................................................................................. RO/RA
|
|
FORM E
|
(r. 16(2))
|
|
VOTER'S CARD
|
|
Identity Card Serial No: ......................................................................................................
|
|
County: ...................................................................................................................................
|
|
Constituency:.............................................................................................................................
|
|
Ward: .........................................................................................................................................
|
|
Polling Station ........................................................................................................................
|
|
Elections at which Voter is entitled to vote:..........................................................................
|
|
Presidential/Parliamentary/County/Ward/Referenda
|
|
Note:- You must produce your identity card or Kenyan passport in order to vote
|
|
You are not entitled to vote unless your name appears in the register of voters.
|
|
FORM F
|
(r. 18)
|
|
CLAIM UNDER SECTION 12 OF THE ACT
|
|
To the Registration Officer ..................................................................................................... Constituency
|
|
Particulars of claimant
|
|
Surname: .........................................................................................................................
|
|
Other Name(s): .....................................................................................................................
|
|
Identity Card Number/Kenyan Passport Number: .......................................................
|
|
Physical Address: ..................................................................................................................
|
|
Postal Address: ...................................................................................................................
|
|
Tel: ........................................................................................................................................
|
|
Email: .....................................................................................................................................
|
|
I ....................................the claimant, applied to be registered in the register of voters but have not been so registered. I hereby make a claim under section 12 of the Act to be registered.
|
|
Dated the .............................................................. , 20...........................................
|
|
...........................................
|
|
Signature or thumbprint of Claimant
|
|
FORM G
|
(r. 30(3))
|
|
NOTICE—REGISTER OF VOTERS TO BE REVISED
|
|
NOTICE is hereby given that the Principal Register of Voters/part of the principal register of voters relating to ........................................... will be open for inspection for ................................. days
|
|
The purpose of the inspection shall be to—
|
|
|
(a) ensure that no person is incorrectly registered;
|
|
|
(b) ensure that no person is registered more than once;
|
|
|
(c) ensure that no registered person is omitted from the register;
|
|
|
(d) ensure that no deceased person is in the register; and
|
|
|
(e) to correct clerical errors.
|
|
Inspection may be made on or after............................. 20 ............ but not later than .............. 20 ..............
|
|
Inspection may be made at the places listed in the Schedule to this notice.
|
|
If a place listed in the Schedule is closed before the last day for inspection, a notice will be posted at that place indicating the other places where applications may be made.
|
|
Forms for application may be obtained at any place of registration, while it is open.
|
|
SCHEDULE
|
|
PLACES WHERE APPLICATIONS MAY BE MADE:
|
|
1. ..................................................................................................
|
|
2. ...................................................................................................
|
|
3. ....................................................................................................
|
|
Dated the ...................................................................... , 20 .........................................
|
|
...........................................
|
|
Chairperson
Independent Electoral and Boundaries Commission
|
|
FORM H
|
(r. 33(1)(b))
|
|
NOTICE—REGISTER OF VOTERS TO BE REPLACED
|
|
NOTICE is hereby given that a new register of voters will be compiled for the following constituency/county/ward:
|
|
....................................................................
|
|
All persons who wish to be registered as voters should apply.
|
|
Applications may he made on or after ............., 20 ............... but not later than................ , 20.........
|
|
Applications may he made at the places listed in the Schedule to this notice.
|
|
If a place listed in the Schedule is closed before the last day for making applications, a notice will he posted at that place indicating the other places where application may be made.
|
|
NB: Please take note that registration shall be done where one wishes to vote.
|
|
Any person who wishes to vote in any other place other than where he or she is registered he or she shall apply at the nearest constituency office.
|
|
|
|
SCHEDULE
|
|
PLACES WHERE APPLICATIONS MAY HE MADE:
|
|
|
1. .................................................................................
|
|
|
2. .................................................................................
|
|
|
3. .................................................................................
|
|
Dated the ................................................................. , 20................................
|
|
...........................................
|
|
Chairperson
Independent Electoral and Boundaries Commission
|
|
FORM I
|
(r. 33, 36)
|
|
NOTICE OF AVAILABILITY OF REGISTER FOR INSPECTION
|
|
Date of posting notice:
|
|
NOTICE is hereby given that the new preliminary register of voters for the ........................................... Constituency has been completed and is available for inspection for ............................................. days. The register may be inspected at the places listed in the Schedule
|
|
How to make a claim:
|
|
A person who claims that he or she should be included in the register may make a claim to the registration officer within the period prescribed for inspection.
|
|
The claim must be made in the prescribed Form.
|
|
How to make an objection:
|
|
A person who is registered and who wishes to object to his or her own registration or the registration of another may make an objection to the Court within the period prescribed for inspection.
|
|
A person who is registered and who wishes to object to a claim of another may make an objection to the Court within the prescribed inspection period after the claim was posted.
|
|
An objection must be made in the prescribed form.
|
|
Dated the...................................................................., 20...............................................
|
|
Registration Officer .......................................................................................
|
|
SCHEDULE
|
|
PLACES WHERE APPLICATIONS MAY HE MADE:
|
|
|
1. .................................................................................
|
|
|
2. .................................................................................
|
|
|
3. .................................................................................
|
|
FORM J
|
(r. 35)
|
|
APPLICATION FOR REGISTRATION BY A KENYAN CITIZEN RESIDING OUTSIDE KENYA
|
|
Surname
|
|
Other Name(s)
|
|
Passport Number, Date and place of issue, passport expiry date
|
|
Identity Card Number, Date and place of issue,
|
|
Date of birth
|
|
CITIZENSHIP
|
|
|
Country of Birth
|
|
|
Citizen by birth/ registration
|
|
|
If by registration, date of registration (dd mm yyyy)
|
|
COUNTRY OF RESIDENCE
|
|
PHYSICAL ADDRESS
|
|
CONTACT ADDRESS
|
|
|
(a) Telephone (country code, telephone number)
|
|
|
(b) Email
|
|
|
(c) Postal Address
|
|
APPLICANT'S LAST RESIDENCE IN KENYA
|
|
|
(a) Constituency
|
|
|
(b) Ward
|
|
|
(c) Address
|
|
|
(d) Cell phone number
|
|
DURATION OF STAY IN COUNTRY OF RESIDENCE
|
|
|
(a) Years
|
|
|
(b) Months
|
|
|
(c) Days
|
|
DISABILITY (if any)
|
|
WHETHER YOU WILL REQUIRE TO BE ASSISTED BY ANY ONE DURING VOTING
|
|
I, the applicant, hereby apply to be registered in the register of voters for the following:
|
|
|
(a) Presidential election
|
|
|
(b) Referenda
|
|
DECLARATION
|
|
I declare that:
|
|
|
(i) I am qualified to be, and not disqualified from being, registered as an voter under the Law in respect of the class or classes of election for which I now apply for registration
|
|
|
(ii) I am in possession of a Kenyan passport with the number indicated in this application.
|
|
|
(iii) The particulars entered on this form (which I have entered, read or have had read to me) are in every respect true and correct.
|
|
Dated:................................... 20...............
|
|
..............................................................
|
|
Signature or thumbprint of Applicant
|
|
Declared before me:...............................................
|
|
Registration Officer/Assistant Registration Officer
|
|
Official Stamp:...........................................
|
|
SCHEDULE
|
|
PLACES WHERE APPLICATIONS MAY HE MADE:
|
|
|
1. .................................................................................
|
|
|
2. .................................................................................
|
|
|
3. .................................................................................
|
THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012
ARRANGEMENT OF SECTIONS
THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012
PART I – PRELIMINARY
| 3. |
Objective of Regulations.
|
PART II – VOTER EDUCATION COMMITEES
| 4. |
Establishment of Voter Education Committees.
|
| 5. |
Composition of National Committee.
|
| 6. |
Sub Committees of the National Committee.
|
| 7. |
Commission may assign staff.
|
| 8. |
Chairperson and vice-chairperson.
|
| 9. |
Functions of the National Committee.
|
| 10. |
Procedure of the National Committee.
|
| 11. |
Composition of constituency committees.
|
| 12. |
Functions of constituency committees.
|
| 13. |
Procedure of constituency committees.
|
PART III – VOTER EDUCATORS
| 18. |
Manner of carrying out the tasks of voter educators.
|
PART IV – ACCREDITATION OF NON STATE VOTER EDUCATION PROVIDERS
| 20. |
Application for accreditation.
|
| 21. |
Accreditation criteria.
|
| 22. |
Certificate of accreditation.
|
| 23. |
Inspection of register.
|
| 24. |
Accredited person's and organisations to sign code of conduct.
|
| 25. |
Commission may revoke accreditation, etc.
|
| 26. |
Impartiality of voter education providers.
|
| 27. |
Submission of information.
|
SCHEDULES
THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012
Revoked by Legal Notice 70 of 2017 on 5th May, 2017
IN EXERCISE of the powers conferred by section 109 of the Elections Act, 2011, the Independent Electoral and Boundaries Commission makes the following Regulations:—
THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012
PART I – PRELIMINARY
| 1. |
Short Title.
These Regulations may be cited as the Elections (Voter Education) Regulations, 2012 and shall come into effect upon publication in the Gazette.
|
| 2. |
Interpretation.
In these Regulations, unless the context otherwise requires—
"constituency committee" means a constituency voter education committee established under regulation 4;
"National Committee" means the National Voter Education Committee under regulation 4;
"voter education" means all forms of information or communication whose purpose is to educate members of the public on their rights and responsibilities in the electoral process and generally on the electoral process;
"voter education committee" means the National Committee or a constituency committee;
"voter educator" means a person engaged by a constituency committee or by a voter education provider to carry out voter education under these Regulations.
|
| 3. |
Objective of Regulations.
| (a) |
implement Article 88(4)(g) of the Constitution;
|
| (b) |
create an environment for objective and effective voter education for all Kenyans;
|
| (c) |
ensure efficient coordination of voter education for purposes of harmonisation of the content of the voter education material; and
|
| (d) |
promote optimum use of resources available for voter education in Kenya.
|
|
PART II – VOTER EDUCATION COMMITEES
| 4. |
Establishment of Voter Education Committees.
The Commission shall establish the following voter education committees—
| (a) |
a committee at the national level to be known as the National Voter Education Committee; and
|
| (b) |
a committee in each constituency to be known as the constituency voter education committee.
|
|
| 5. |
Composition of National Committee.
The National Committee shall consist of the following members appointed by the Commission—
| (a) |
two persons from civil society organisations;
|
| (b) |
a representative of the Ministry responsible for matters relating to education, who shall be a person who is qualified and has experience in matters relating to curriculum development or delivery;
|
| (c) |
a representative of the Ministry responsible for matters relating to the public service;
|
| (d) |
three representatives nominated by a forum of faith based organisations;
|
| (e) |
a representative of persons with disabilities;
|
| (f) |
a representative of the youth;
|
| (g) |
two persons from institutions of higher learning;
|
| (h) |
one representative of the Political Parties Liaison Committee; and
|
| (i) |
the director of voter education at the Commission who shall be secretary to the Committee.
|
|
| 6. |
Sub Committees of the National Committee.
The National Committee may establish such sub committees as it may consider necessary for the purposes of carrying out its functions.
|
| 7. |
Commission may assign staff.
The Commission may assign such members of its staff to the National Committee as may be necessary to enable the National Committee perform its functions.
|
| 8. |
Chairperson and vice-chairperson.
| (1) |
The members of the National Committee shall elect a chairperson and vice-chairperson of the National Committee from amongst themselves.
|
| (2) |
The chairperson and vice-chairperson of the National Committee shall not be of the same gender.
|
| (3) |
The composition of the National Committee shall reflect the principle of gender balance and regional diversity of the people of Kenya.
|
|
| 9. |
Functions of the National Committee.
| (1) |
The National Committee shall, under the general direction of the Commission, be responsible for the design and dissemination of voter information and education relevant to the participation of the citizens in the electoral and referenda processes.
|
| (2) |
Without prejudice to the generality of subregulation (1), the National Committee shall be responsible under the general direction of the Commission, for—
| (a) |
general policy and strategies for voter education;
|
| (b) |
voter education curriculum;
|
| (c) |
voter education materials;
|
| (d) |
monitoring and evaluating voter education programmes;
|
| (e) |
collaborating with other stakeholders on voter education; and
|
| (f) |
overseeing the functions of the constituency committees.
|
|
|
| 10. |
Procedure of the National Committee.
| (1) |
Subject to this regulation, the National Committee shall regulate its own procedure.
|
| (2) |
The National Committee shall hold such number of meetings in such place, time, and manner as the National Committee may consider necessary for the discharge of its functions under these regulations.
|
| (3) |
A member of the National Committee, other than an ex officio member, shall be appointed for a term of three years and shall be eligible for reappointment for one further term of two years.
|
| (4) |
The quorum for meetings of the National Committee shall be seven members.
|
| (5) |
A member of the National Committee may resign upon giving one month's notice in writing to the Commission.
|
| (6) |
Where the position of a member of the National Committee becomes vacant before the expiry of the term of office of that member, the Commission may appoint another member from the organisation represented by the member who resigned, to serve for the unexpired term.
|
|
| 11. |
Composition of constituency committees.
| (1) |
A constituency committee shall consist of the following members appointed by the Commission —
| (a) |
two persons from civil society organisations operating in the Constituency;
|
| (b) |
two representatives of government ministries within the Constituency;
|
| (c) |
three representatives from faith based organizations operating in the constituency; and
|
| (d) |
the constituency elections coordinator who shall be the secretary and spokesperson of the Committee.
|
|
| (2) |
The members of the constituency committee shall elect a chairperson and vice-chairperson, from amongst themselves.
|
| (3) |
The chairperson and vice-chairperson of the constituency committee shall not he of the same gender.
|
| (4) |
The composition of the constituency committee shall reflect the principle of gender balance and the geographical diversity within that constituency.
|
|
| 12. |
Functions of constituency committees.
| (1) |
A constituency committee shall be responsible for overseeing and advising on the coordination and implementation of voter education programmes at the constituency level.
|
| (2) |
Without prejudice to the generality of subregulation (1), a constituency committee shall advice on —
| (a) |
constituency voter education programmes;
|
| (b) |
recruitment, induction and deployment of constituency voter educators;
|
| (c) |
supervision and monitoring of the activities and operations of constituency voter educators; and
|
| (d) |
evaluation of constituency voter education activities and programmes.
|
|
|
| 13. |
Procedure of constituency committees.
| (1) |
Subject to this regulation, a constituency committee shall regulate its own procedure.
|
| (2) |
A constituency committee shall hold such number of meetings in such place, time, and manner as the National Committee may consider necessary for the discharge of its functions under these Regulations.
|
| (3) |
A member of the constituency committee, other than an ex officio member, shall be appointed for a term of three years and shall be eligible for reappointment for one further term of two years.
|
| (4) |
The quorum for meeting of a constituency committee shall be four members.
|
| (5) |
A member of the constituency committee may resign upon giving one month's notice in writing to the Commission.
|
| (6) |
Where the position of a member becomes vacant before the expiry of the term of office of that member, the Commission may appoint another member from the organisation represented by the member who resigned, to serve for the unexpired term.
|
|
| 14. |
Declaration.
A member of the National Committee or a constituency committee shall make a declaration in Form 1 set out in the Schedule.
|
| 15. |
Remuneration.
| (1) |
Members of the National Committee and the constituency committees shall be paid such allowances as the commission may determine.
|
| (2) |
The costs and expenses of the national and constituency committees shall be borne by the Commission.
|
|
| 16. |
Reports.
| (1) |
Each constituency committee shall, every six months, prepare and submit a report to the National Committee.
|
| (2) |
A report made under subregulation (1) shall contain the following inforination—
| (a) |
activities carried out by the constituency committee;
|
| (b) |
statistical information considered appropriate; and
|
| (c) |
any other information relating to the functions of the constituency committee.
|
|
|
PART III – VOTER EDUCATORS
| 17. |
Voter educators
Each constituency committee shall recruit persons to act as voter educators at the ward or other levels in such manner as the National Committee may, from time to time, direct.
|
| 18. |
Manner of carrying out the tasks of voter educators.
A voter educator appointed under this regulation shall carry out voter education under the direction of the constituency committee and in accordance with the voter education curriculum prescribed under these Regulations.
|
| 19. |
Qualifications.
The National Committee shall prescribe the qualifications for voter educators.
|
PART IV – ACCREDITATION OF NON STATE VOTER EDUCATION PROVIDERS
| 20. |
Application for accreditation.
| (1) |
A Non State agency or organisation may apply to the Commission to be accredited to provide voter education.
|
| (2) |
An application for accreditation to provide voter education shall be made to the National Committee in Form 2 set out in the Schedule.
|
|
| 21. |
Accreditation criteria.
The National Committee may, with the approval of the Commission accredit an applicant if that applicant—
| (a) |
possesses valid registration certificates;
|
| (b) |
has an operational bank account;
|
| (c) |
has civic education as an objective in the instrument of registration;
|
| (d) |
has a presence in at least one constituency in Kenya;
|
| (e) |
possesses at least three years demonstrable experience in the provision of voter or civic education;
|
| (f) |
demonstrates to the National Committee that it has the necessary institutional and resource capacity to carry out voter education;
|
| (g) |
meets such integrity and accountability standards as the National Committee may require and as demonstrated by its record; and
|
| (h) |
meets tax compliance requirements as the law may require of organisations of its kind.
|
|
| 22. |
Certificate of accreditation.
| (1) |
If the National Committee is satisfied that an applicant meets the requirements for accreditation as set out in regulation 21, the National Committee shall—
| (a) |
enter the name of the applicant in the register of agencies and organizations accredited to provide voter education; and
|
| (b) |
issue a certificate of accreditation in the name of the applicant stating the period of validity and any other conditions of accreditation as the Commission may determine.
|
|
| (2) |
The certificate issued under sub regulation (1) (b) shall be in Form 3 set out in the Schedule.
|
|
| 23. |
Inspection of register.
Any person may inspect the register and copies of the certificates of persons accredited to provide voter education for, or in respect of, any election
|
| 24. |
Accredited person's and organisations to sign code of conduct.
All accredited persons or organisations shall sign and abide by the code of conduct in Form 4 set out in the Schedule.
|
| 25. |
Commission may revoke accreditation, etc.
| (1) |
The National Committee may revoke an accreditation certificate issued to a person who or organization which contravenes the code of conduct.
|
| (2) |
The National Committee may carry out an assessment of a voter education exercise carried out by an accredited organization and advice on the same.
|
|
| 26. |
Impartiality of voter education providers.
An organization accredited by the National Committee to provide voter education shall —
| (a) |
do so in a manner that is impartial and independent of any political party or candidate contesting an election;
|
| (b) |
be competent to carry out voter education;
|
| (c) |
subscribe to the code of conduct;
|
| (d) |
provide voter education in accordance with the curriculum developed by the Commission; and
|
| (e) |
work towards ensuring that its activities promote voter education and conditions conducive to free and fair elections.
|
|
| 27. |
Submission of information.
The National Committee may, from time to time, require any accredited organization to submit a report concerning its activities carried out under these Regulations.
|
Schedule
DECLARATION BY COMMITTEE MEMBER
I , ..................... of National Identity card No. .............. solemnly and sincerely declare that —
| 1. |
I am a Kenya Citizen ...................................................
|
| 2. |
I have been appointed as a member of the National/ constituency voter education committee for ........................................................
|
| 3. |
I shall perform only those functions that are mandated by the Elections (Voter Education) Regulations or by the Commission.
|
| 4. |
I shall be non partisan, objective and transparent in the discharge of my functions.
|
| 5. |
I shall not make any press statement or make any promise for or on behalf of the Commission.
|
| 6. |
I shall abide by the provisions of the Elections Act or any other regulations made thereunder.
I make this solemn declaration conscientiously believing the same to be true.
Signed .........................................
Subscribed and solemnly declared before me this ............................ day of ......................... 20 ........... (Magistrate/ Commissioner for Oaths)
Signed .................................................
Name in Block Letters ..........................................................
Official Date stamp ............................................................
FORM 2 Reg 20(2))
|
ACCREDITATION APPLICATION FORM
| 1. |
Name of Organisation .................................
|
| 2. |
Address: .............................................
|
| 3. |
Telephone: ...........................................
|
| 4. |
Principal Officers:
a. President/Chairperson: ....................................
b. Secretary General/ Executive Director/ Country Director: ..
|
| 5. |
Person authorised by the organization to liaise with the National Committee .......................................
Name: ..................................Position: ............
Address: .....................................................
Telephone: ................................Email .............
|
| 6. |
Set out statement of objectives of the organisation: ...................
|
| 7. |
Estimated number of members that the group plans to deploy for voter education:
|
| 8. |
Source of Funds ........................................................
|
| 9. |
Person submitting this application:
................................................................................
|
| 10 |
Designation: ...........................................................
|
| 11. |
Telephone, email, etc.: ...............................................
FORM 3 Reg 22(2))
|
ACCREDITATION CERTIFICATE
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
Certificate of Accreditation as a Voter Education Provider
This is to certify that ........................... (Name of Organisation) ................. has been accredited as a voter education provider in ................. (electoral area) ...................... for the period commencing ................. upto .....................................
Issued this day ..................... of .................. 20 .................
Seal of Independent Electoral and Boundaries Commission.
Name Chief Executive Officer/Secretary
Signature Independent Electoral and boundaries Commission
FORM 4 Reg 24
CODE OF CONDUCT OF VOTER EDUCATORS
| 1. |
The principal duty of the a voter educator is to promote awareness among the population of Kenya in geteral and the voting population in particular on the need for all citizens of Kenya of voting age to register and vote in the elections or referenda.
|
| 2. |
A voter educator is a friend of every voter. He or she will endeavor to provide appropriate information, insight and advice to every voter on issues relating to the registration, elections and the referendum. He or she shall however not use his or her position as a voter educator to influence any voter to vote for any particular candidate or political party.
|
| 3. |
| (a) |
conduct voter education in accordance with the curriculum prepared and approved by the Commission;
|
| (b) |
conduct voter education impartially and without the advocacy or influence from any person or group;
|
| (c) |
refrain from engaging in or supporting any activity that would discredit the work or image of the Commission;
|
| (d) |
not in any way actively subvert the attainment of the Commission's statutory mandate and the conduct of the electoral process;
|
| (e) |
refuse any gift, favour, hospitality or any inducement that would influence or appear to influence the discharge of his or her duties;
|
| (f) |
carry out voter education without intimidation, coercion, threats, duress or undue influence;
|
| (g) |
be sensitive to the needs of people with disabilities, women, youth and other marginalized groups when providing voter education;
|
| (h) |
give due consideration to special and appropriate circumstances regarding accessibility, language and methodology in the provision of voter education; avoid actual or apparent conflicts of interest in the provision of voter education;
|
| (j) |
refrain from disclosing any confidential information acquired in the course of their work unless otherwise authorized by the Commission;
|
| (k) |
perform his or her duty in accordance with such other rules, regulations, standards as the IEBC may set from time to time;
|
| (l) |
endeavor to use every means at his or her disposal to encourage every Kenyan who is eligible to register as voter to exercise his or her constitutional right to register and vote in elections and referenda.
|
|
| 4. |
A voter educator who does not abide by the code of conduct shall be liable to such penalty Commission may deem fit, including termination of the contract and revocation of the right to conduct voter education for voter registration, elections and a referendum.
|
STATEMENT OF ACCEPTANCE OF CODE OF CONDUCT
I ........................................................................... do hereby accept to serve as a voter educator.
I accept to be bound to the above code of conduct and with such Regulations that may be made from time by the commission for the purpose of giving effect to the code of conduct at all times during my term of service as voter education provider.
I undertake to relinquish my duty as a voter educator if required to do so, for good cause, by the Commission.
Name ...........................................................................
Constituency ...................................................................
Sign ...........................................................................
Date ...........................................................................
THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012
Revoked by Legal Notice 70 of 2017 on 5th May, 2017
THE ELECTIONS (GENERAL) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
PART II – MATTERS PRELIMINARY TO ELECTIONS
| 3. |
Constituency returning officers and other staff
|
| 4. |
Appointment of county returning officers
|
| 5. |
Presiding at polling station, oath of secrecy, etc
|
| 6. |
Appointment of polling clerks
|
| 7. |
Electoral areas and polling stations
|
| 8. |
Use of schools and other public facilities for elections
|
| 10. |
Independent candidate name and symbol
|
| 11. |
Vacancy notices and notices for elections
|
| 12. |
Publication of notice of election
|
PART III – NOMINATION OF CANDIDATES BY POLITICAL PARTIES AND PARTICIPATION OF INDEPENDENT CANDIDATES IN ELECTIONS
| 13. |
Parties to observe qualifications, etc.
|
| 13A. |
Submission of Party membership lists
|
| 13B. |
Submission of details by parties for primaries
|
| 14. |
Party to submit list of candidates
|
| 15. |
Certain requirements for independent candidates
|
PART IV – NOMINATION OF PRESIDENTIAL CANDIDATES
| 16. |
Manner of nomination of political party presidential candidate
|
| 17. |
Manner of nomination of independent presidential candidate
|
| 18. |
Supporters of nomination of presidential candidate and statutory declaration
|
| 19. |
Nomination fees of presidential candidates
|
| 20. |
Certain obligations of independent candidates for the office of president
|
| 21. |
Declaration of no contest: Presidential election
|
PART V – NOMINATION OF CANDIDATES FOR NATIONAL ASSEMBLY
| 22. |
Nomination of political party candidates for National assembly
|
| 23. |
Nomination of independent candidates for National Assembly
|
| 24. |
Supporters of nomination of candidate for National Assembly
|
| 24A. |
Nomination of County Woman representative of the National Assembly
|
| 25. |
Nomination fees for candidate for National Assembly
|
PART VI – NOMINATION OF CANDIDATES FOR SENATE
| 26. |
Nomination of political party candidate for Senate
|
| 27. |
Nomination of independent candidate for Senate
|
| 28. |
Supporters of nomination of candidate for Senate
|
| 29. |
Nomination fees for candidate for Senate
|
PART VII – NOMINATION OF COUNTY GOVERNOR CANDIDATES
| 30. |
Nomination for political party candidate for county governor
|
| 31. |
Nomination of independent candidates for county governor
|
| 32. |
Supporters of nomination of county governor candidate
|
| 33. |
Nomination fees for county governor candidates
|
PART VIII – NOMINATION OF CANDIDATES FOR COUNTY ASSEMBLY MEMBER
| 34. |
Nomination of political party candidate for county assembly member by political parties
|
| 35. |
Nomination of independent candidate for county assembly
|
| 36. |
Supporters of nomination of candidate for county assembly
|
| 37. |
Nomination fees for candidate for member of county assembly
|
PART IX – GENERAL PROVISIONS ON NOMINATION OF CANDIDATES AND REFERENDUM
| 38. |
General requirements: political party candidates
|
| 39. |
General requirements: independent candidates
|
| 40. |
Independent candidates to supply physical address
|
| 41. |
Statutory declaration for purposes of nomination
|
| 42. |
Supply of nomination forms
|
| 43. |
Validity of nomination papers
|
| 44. |
Withdrawal of candidature before nomination
|
| 45. |
Multiple subscribers, etc.
|
| 47. |
Ascertainment of educational qualifications
|
| 48. |
Attendance at delivery of nomination papers
|
| 50. |
Disruption of nomination
|
| 51. |
Nomination certification, etc.
|
| 52. |
Withdrawal of candidature after nomination
|
| 53. |
Declaration of no contest: Other elective posts
|
| 53A. |
Swearing in of an elected candidate
|
PART X – NOMINATIONS FOR PARTY LISTS
| 54. |
Submission of political party list for allocation of special seats
|
| 55. |
Party list to be prepared in accordance with party rules
|
| 56. |
Commission to publish formula for allocation of seats
|
| 56A. |
Re-allocation of special seats from the Party list
|
| 56B. |
Resignation of a member elected through party list
|
PART XI – PROVISIONS RELATING TO THE CAMPAIGN PERIOD
| 57. |
Appointment of national and county chief elections agents
|
PART XII – PROVISIONS ON VOTING AT ELECTIONS
| 61. |
Election material at polling station
|
| 62. |
Admission to polling station
|
| 63. |
Keeping order at polling station
|
| 64. |
Adjournment, etc, of polling by the presiding officer
|
| 64A. |
Postponement of an election by the Commission
|
| 65. |
Communication at polling station
|
| 67. |
Sealing of ballot boxes, etc
|
PART XIII – COUNTING OF VOTES AND DECLARATION OF RESULTS
| 73. |
Procedure on close of polling
|
| 74. |
Attendance at counting of votes
|
| 75. |
Commencement and sequence of the count
|
| 77. |
Rejection of ballot papers, etc.
|
| 78. |
Rejected ballot papers
|
| 79. |
Candidates, etc. to sign declaration
|
| 81. |
Sealing of ballot papers by presiding officer
|
| 82. |
Provisional results to be transmitted electronically
|
| 83. |
Tallying and announcement of election results
|
| 84. |
Venue of final tallying
|
| 85. |
Persons allowed into tallying centres
|
| 86. |
Safe keeping of election materials
|
| 87. |
Returns of persons elected
|
PART XIV – PRESIDENTIAL FRESH ELECTION
| 88. |
Notice of fresh election of president
|
| 89. |
Procedure at a fresh election
|
PART XV – REFERENDUM
| 91. |
[Deleted by L.N. 72/2017, r. 41.]
|
| 92. |
[Deleted by L.N. 72/2017, r. 41.]
|
PART XVI – MISCELLANEOUS PROVISIONS
| 93. |
Retention and inspection of documents
|
| 94. |
Accreditation of observers
|
| 95. |
Accreditation of the media
|
| 96A. |
Reference to L.N. 127 of 2012
|
| 97. |
Non-attendance by candidates, etc not to invalidate proceedings
|
| 98. |
Power of Commission to issue directives
|
| 99. |
[Deleted by L.N. 72/2017, r. 43.]
|
| 100. |
Procedure at a referendum
|
| 101. |
Revocation of L.N. 227/1992
|
SCHEDULES
THE RULES OF PROCEDURE ON SETTLEMENT OF DISPUTES
| 1. |
Citation
These rules may be cited as the Rules of Procedure on Settlement of Disputes.
|
| 2. |
Interpretation
In these rules, unless the context otherwise requires—
"Act" means the Elections Act, 2011;
"Committee" means the Electoral Code of Conduct Enforcement Committee established under the Act;
"dispute" means a complaint, challenge, claim or contest relating to any stage of the electoral process and includes an objection to the acceptance of the nomination papers of a candidate by the Returning Officer;
"nomination" means the submission to the Commission of the name of a candidate in accordance with the Constitution and the Elections Act, 2011;
"registration officer" means a person appointed by the Commission for the purpose of preparing a register of voters.
|
| 3. |
Object
The object of these rules is to provide a procedure and mechanisms for the expeditious, efficient, lawful, reasonable and procedurally fair settlement of disputes including those contemplated under Article 88 (4) (e) of the Constitution and section 74 of the Act.
|
| 4. |
Application of rules
| (1) |
These rules shall apply to disputes or complaints arising from-
| (b) |
nomination of candidates;
|
| (c) |
violations of the Code of Electoral Conduct; and
|
| (d) |
any other election related complaint.
|
|
| (2) |
These rules shall not apply to election petitions or disputes and complaints subsequent to the declaration of election results.
|
|
| 5. |
Right to lodge complaint
| (1) |
A candidate for the nomination for a political party ticket for purposes of an election under the Act may file an objection against the submission of the name of any other candidate to the returning officer.
|
| (2) |
The returning officer upon receipt of the complaint or objection shall consider the application and either —
| (a) |
uphold the nomination by the political party;
|
| (b) |
reject the nomination and inform the political party of the fact of that rejection and in that regard direct that a new nomination be conducted.
|
|
|
| 6. |
Returning officer to be guided by constitution and nomination rules etc.
In determining the question as to whether a candidate has been validly nominated by a political party, the returning officer shall take into account and shall be guided by —
| (a) |
the constitution and nomination rules of the political party concerned; and
|
| (b) |
the provisions of the Constitution, the Elections Act and the Elections Regulations.
|
|
| 7. |
Disputes arising from registration of persons
| (1) |
Any person objecting to the registration of a voter may file a complaint with the Commission on any of the following grounds—
| (a) |
that the person has registered in more than one registration centre;
|
| (b) |
that the person has been convicted of an election offence at any time material to the registration;
|
| (c) |
that the person is not qualified to be registered under any law.
|
|
| (2) |
An objection against registration shall be in Form 2 set out in the schedule.
|
|
| 8. |
Initiation of a complaint
| (1) |
A party to a dispute may, within twenty four hours of the occurrence of a dispute, notify the Commission and any adverse party of the dispute, in writing.
|
| (2) |
A complaint shall be filed by delivering to the returning officer or the Commission a duly filled Form I in duplicate.
|
| (3) |
An objection or complaint may be filed by —
| (a) |
a registered voter or a political party in the electoral area where the dispute arose alleging that a candidate has not been validly nominated;
|
| (b) |
a candidate alleging that he or she has been unfairly denied nomination by the party from which he or she sought to nominated by;
|
| (c) |
any person claiming that a candidate who has been nominated as a candidate is not qualified to be so nominated;
|
| (d) |
a person aggrieved by an electoral activity.
|
|
| (4) |
The complaint shall state—
| (a) |
full names and address of service of the complainant;
|
| (b) |
voter registration number or certificate of political party registration;
|
| (c) |
the date, time and location of the occurrence of the act complained of;
|
| (d) |
information about the person whose conduct is complained against;
|
| (e) |
information as to the identity and contacts of witnesses, if any;
|
| (f) |
a concise statement under oath of the ultimate facts constituting his cause or causes of action;
|
| (g) |
the relief or redress sought;
|
| (h) |
a declaration by the complainant that the representations are true;
|
| (i) |
| (i) |
that there is no other complaint pending; |
| (ii) |
that there have been no previous complaints in any forum or tribunal between the complainant and the respondent over the same subject matter; and |
| (iii) |
showing the reasons why the complaint relates to the complainant named in the complaint. |
|
|
| (5) |
A complaint shall be served on the respondent and the registered political party that nominated the candidate, where applicable.
|
|
| 9. |
Disputes arising from nomination of candidates
| (1) |
Any person objecting to the nomination of a candidate may file a complaint with the Commission on any of the following grounds—
| (a) |
that the candidate is not qualified to be elected under any law;
|
| (b) |
that the candidate does not have all the qualifications required under any law;
|
| (c) |
that the candidate was convicted of an election offence at any time material to the nomination;
|
| (d) |
that conduct of the nomination process was invalid;
|
| (e) |
that the candidate did not accept his nomination according to the rules promulgated by the Commission;
|
| (f) |
any other ground that the Commission deems sufficient provided such ground shall not be frivolous, vexatious or scandalous.
|
|
| (2) |
An objection with respect to the nomination of an independent candidate may, in addition to any other ground, be based on any of the following grounds—
| (a) |
the candidate failed to get the required number of registered voters supporting his candidacy, as specified by the Act;
|
| (b) |
the candidate was nominated by a member of a political party;
|
| (c) |
the candidate is a member of a political party.
|
|
|
| 10. |
Declining to accept a dispute
The returning officer or the Commission acting on appeal may decline to accept a dispute if that dispute—
| (a) |
does not raise an issue under the constitution or the nomination rules of the party concerned or the Constitution, the Act or the Regulations:
|
| (b) |
does not conform with these rules of procedure;
|
| (c) |
is trivial, frivolous or vexatious.
|
|
| 11. |
Powers of the Returning Officer
The returning officer shall have the authority to decide on any dispute arising from a nomination of a candidate within the electoral area and shall in that regard have the power to—
| (a) |
summon any person to appear before it, administer an oath for the purpose of receiving testimony; and
|
| (b) |
order the production of any document relevant to any dispute arising from nomination of a candidate.
|
|
| 12. |
Decision of the Commission
The returning officer shall—
| (a) |
issue a written decision on an application or objection within seven days after the application or objection is made; and
|
| (b) |
record the reasons of the decision.
|
|
| 13. |
Appeals for review to the Commission
A person aggrieved by the decision of a returning officer may appeal such decision to the Commission.
|
| 14. |
Power of the Commission to delegate
| (1) |
Despite the provisions of these rules, the Commission may delegate to the Committee, the power to settle disputes filed under these rules.
|
| (2) |
The Committee referred to under sub-regulation (1) shall have the powers of a registration officer or a returning officer.
|
|
| 15. |
Complaint arising from violation of the electoral code of conduct
| (1) |
Any aggrieved person may file a written complaint against any political party participating in an election for violation of the provisions of the electoral code of conduct.
|
| (2) |
A complaint under sub-regulation (1) shall be accompanied by a statement of the complainant and his witnesses, all of which must be under oath, as well as other documents to support the complaint.
|
| (3) |
A complaint for under this regulation shall be filed with the Commission.
|
| (4) |
Based on the decision of the Committee, Commission may impose any of the sanctions provided for under paragraph 7 of the Electoral Code of Conduct.
|
|
| 16. |
Committee to regulate its own procedure
| (1) |
Subject to the Act and these rules, the Committee shall regulate its own procedure.
|
| (2) |
The Committee shall have powers to issue administrative guidelines for purposes of expeditious, efficient, lawful, reasonable and procedurally fair settlement of disputes.
|
|
| 17. |
Legal representation
| (1) |
Every party to a complaint or objection under these rules may appear in person or be represented by an advocate.
|
| (2) |
A person who is a subject of the complaint or objection shall have the right to present his or her evidence and to cross examine any witnesses against him or her.
|
| (3) |
The Committee may conduct investigations to enable it arrive at a reasonable decision.
|
|
SCHEDULE
INITIATION OF A COMPLAINT
Nominations for the ...................County/ Constituency/Ward
The Complaint of.............................
The complainant states that the nomination was held on the................ day of.............. 20. , when X,Y and Z were candidates, and X was declared as nominated.
Complainant(s) state that the nomination was improper due to (state the facts and grounds on which the complainant(s)rely).
Wherefore Complainant(s) pray that it be determined that the said X was not duly nominated and the nomination was void (or as the case may be).
Dated............... , 20............. (Signed) A.
Dated............... ,20.............. (Signed) B
Form 2 r.7(2) )
INITIATION OF A COMPLAINT
Registration in ..............................County/ Constituency /Ward
The Complaint of..............................
Complainant(s) state that the registration was improper due to (state the facts and grounds on which the complainant(s) rely).
Wherefore Complainant(s) pray that.................. does not qualify to be registered and that the registration was void (or as the case may be).
Dated................, 20 ............... (Signed) A.
Dated................, 20................ (Signed) B
THE ELECTIONS (GENERAL) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Elections (General) Regulations, 2012.
|
| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“acknowledgement slip” means a document issued by the returning officer acknowledging application for registration;
“Act” means the Elections Act, 2011;
“agent” means a person appointed under section 30 of the Act;
“authorised official of the party” in relation to a person required to sign the nomination paper of a candidate means an official of a party authorised in that behalf in accordance with section 31(3) of the Act;
“campaign” means the promotion of a candidate or political party for the purposes of an election during the campaign period;
“close of nominations” means four o’clock in the afternoon of the last nomination day for respective elections;
“Commission” means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;
“copy register” means the copy of the Register of Voters or part thereof supplied to a polling station under regulation 6 (4)(a) or its electronic version;
“county returning officer” means a returning officer appointed pursuant to regulation 4;
“election officer”, means a person appointed by the Commission to assist in conducting an election under these Regulations and includes a returning officer, deputy returning officer, a presiding officer, a deputy presiding officer, a clerk or an interpreter;
“electoral number”, in relation to a voter, means the number shown against the name of that voter in the Register of Voters for his or her constituency;
“nomination paper” means nomination papers delivered, in accordance with these Regulations, to the appropriate officer by or on behalf of a person intending to contest as a candidate at an election;
“party primary” means the process through which a political party elects or selects a candidate for an election but does not include a party list;
“police officer” means a police officer assigned to perform the duties that are performed by a police officer under these Regulations;
“political party candidate” means a candidate nominated by a political party to contest an election under the Act;
“polling day” means the election date as stipulated in the Constitution or such other date set for an election by the Commission;
“polling station diary” means a record of all the activities at a polling station on the polling day;
“presiding officer” means a person appointed under regulation 5 to preside at a polling station;
“rejected ballot paper” means a ballot paper rejected in accordance with regulation 78;
“returning officer” has the meaning assigned to it under the Act and includes, a county returning officer appointed under regulation 4;
“spoilt ballot paper” means a ballot paper accepted as spoilt by the presiding officer under regulation 71;
“stray ballot paper” means ballot a paper cast in the wrong ballot box;
“subscriber” in relation to a nomination paper, means any supporter whose name appears on the nomination paper other than the authorised official of a political party.
[L.N. 72 of 2017, r. 2.]
|
PART II – MATTERS PRELIMINARY TO ELECTIONS
| 3. |
Constituency returning officers and other staff
| (1) |
The Commission shall appoint a constituency returning officer for each constituency and may appoint such number of deputy constituency returning officer for each constituency as it may consider necessary.
|
| (2) |
Prior to appointment under paragraph (1), the Commission shall provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.
|
| (3) |
The constituency returning officer shall be responsible for—
| (a) |
conducting elections at the constituency level;
|
| (b) |
receiving nomination papers in respect of candidates nominated for the post of National Assembly and Ward representative;
|
| (c) |
tallying, announcing and declaring, in the prescribed form, 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;
|
| (d) |
collating and announcing the results from each polling station in the constituency for the election of the President, county Governor, Senator and county woman representative to the National Assembly;
|
| (e) |
submitting, in Form 34B, the collated results for the election of the President to the national tallying center and the collated results for the election of the county Governor in Form 37B, Senator in Form 38B and county woman representative to the National Assembly in Form 39B, to the respective county returning officer; and
|
| (f) |
such other functions as may be assigned by the Commission.
|
|
| (4) |
Every appointment under this regulation shall be done transparently and competitively and thereafter published in the Gazette and in such other manner as the Commission may deem necessary in order to widely publicize the appointment.
|
| (5) |
A deputy constituency returning officer shall, subject to the general direction and control of the returning officer to whom he or she is a deputy, have all the power, and may perform all the duties, of the returning officer under these Regulations.
|
| (6) |
The Commission shall appoint such other staff as it may deem necessary for the purpose of conducting elections.
[L.N. 72 of 2017, r. 3.]
|
|
| 4. |
Appointment of county returning officers
| (1) |
The Commission shall appoint county returning officers to be responsible for—
| (a) |
receiving nomination papers in respect of candidates nominated for the post of Governor or county woman representative to the National Assembly and the Senate;
|
| (b) |
tallying results from constituencies in the county for purposes of the election of the county Governor, Senator and county women representative to the National Assembly;
|
| (c) |
the declaration and announcement of results tallied under paragraph (b); and
|
| (d) |
such other functions as may be assigned by the Commission.
|
|
| (1A) |
The Commission shall transparently and competitively appoint a deputy county returning officer who shall, subject to the general direction and control of the county returning officer to whom he or she is a deputy, have all the power, and may perform all the duties, of the county returning officer under these Regulations.
|
| (2) |
Prior to appointment under subregulation (1), the Commission shall provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.
|
| (3) |
Every appointment under this regulation shall be done transparently and competitively and thereafter published in the Gazette and in such other manner as the Commission may deem necessary in order to widely publicize it.
|
| (4) |
The county elections coordinator shall not be appointed as the returning officer or the deputy returning officer of the county in which he or she is deployed.
[L.N. 72 of 2017, r. 4.]
|
|
| 5. |
Presiding at polling station, oath of secrecy, etc
| (1) |
The Commission shall transparently and competitively appoint a presiding officer for every polling station and may similarly appoint such number of deputy presiding officers as may be necessary.
|
| (1A) |
The functions of a presiding officer shall be—
| (a) |
presiding over elections at an assigned polling station;
|
| (b) |
tallying, counting and announcement of results at the polling station;
|
| (c) |
submitting polling station results to the Constituency returning officer; and
|
| (d) |
electronically transmitting presidential results to the constituency, counties and national tallying centers.
|
|
| (2) |
Prior to appointment under subregulation (1), the Commission shall provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.
|
| (3) |
A returning officer may preside at a polling station and in that case the returning officer shall, for the purposes of these Regulations, be deemed to be the presiding officer of that station.
|
| (4) |
A deputy presiding officer may perform any act, including the asking of any question, which a presiding officer is required or authorized to perform by these Regulations.
|
| (5) |
The returning officer shall require every presiding officer, deputy presiding officer, clerk, interpreter and agent authorised to attend at a polling station, as soon as he or she has made the oath of secrecy prescribed by the Act, to make before the returning officer, a declaration that the officer making the declaration understands that he or she shall not prompt any voter whom he or she is empowered by these Regulations to assist, and shall strictly follow the provisions of these Regulations, and any instructions which may lawfully be given to him or her relating to the election concerned.
|
| (6) |
The declaration under subregulation (4) shall be in Form 1 set out in the Schedule.
|
| (7) |
Every agent appointed by a candidate for the purposes of these Regulations shall at all times during the performance of the duties authorized by the candidate wear the official badge or insignia of the political party sponsoring the candidature of the candidate at the election or an insignia previously approved by the Commission for independent candidates.
[L.N. 72 of 2017, r. 5.]
|
|
| 6. |
Appointment of polling clerks
| (1) |
The Commission shall appoint such number of polling clerks for each constituency as it may consider necessary.
|
| (2) |
The Commission shall make the list of the persons appointed under subregulation (1) available to political parties and independent candidates within fourteen days from the date of appointment to enable them raise any objections.
|
| (3) |
The list of the persons appointed under sub-regulation (1) shall be displayed prominently at the offices of the Commission within the constituency.
|
|
| 7. |
Electoral areas and polling stations
| (1) |
| (a) |
assign to each electoral area a distinguishing number or letter or a combination of number and letter;
|
| (b) |
appoint a place or places or designate a vehicle or vehicles or a vessel or vessels at which the polling station or stations for each electoral area shall be established; and
|
| (c) |
publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, a notice specifying —
| (i) |
the polling stations established for each constituency, which may be the same as the registration centres which they respectively comprise; |
| (ii) |
the distinguishing number or letter, or combination thereof, assigned to each polling station; and |
| (iii) |
the place or places appointed or the vehicle or vehicles, vessel or vessels designated for the establishment of a polling station or stations for each electoral area. |
|
|
| (2) |
In determining the number of polling stations and the location of any polling station, the Commission shall have regard to geographical considerations, accessibility for persons with special needs, (including persons with disabilities), population and any other factors affecting communication between places within the electoral area.
|
| (3) |
Subject to sub-regulation (2), the Commission may alter the number of polling stations and the location of any polling station made under subregulation (1), and shall thereupon publish a notice in the Gazette specifying the alteration at least three months before the date of any election.
|
|
| 8. |
Use of schools and other public facilities for elections
| (1) |
The Commission may use, free of charge, for the purposes of polling—
| (a) |
a room or rooms in any public school within the meaning of the Education Act (Cap. 211) or any part of the school as a polling station;
|
| (b) |
such other facilities belonging to, and maintained by, public bodies.
|
|
| (2) |
Where, as a result of the use of any facility under this regulation, any damage is caused to a school or facility belonging to or maintained by a public body, the Commission shall make good the damage, or compensate the school or facility, as the case may be.
|
| (3) |
The Commission may, with prior arrangement with the owner and subject to the Public Procurement and Disposal Act (No. 3 of 2005), use private facilities where in the opinion of the Commission, the public facilities are unavailable, inadequate or unsuitable for purposes of polling.
|
| (4) |
The Commission may not designate as a polling station, any place which, by its nature may compromise the freedom of any voter to exercise his or her right to vote.
|
|
| 9. |
Party symbol
| (1) |
The Commission shall, by notice in the Gazette and through electronic and print media of national circulation and other easily accessible medium notify the public of the distinctive symbol for use by each political party candidate at elections.
|
| (2) |
The political party symbol shall be the symbol by which the respective party is registered under the Political Parties Act (No. 11 of 2011).
|
| (3) |
Each political party in a coalition of political parties shall use its own symbol.
|
|
| 10. |
Independent candidate name and symbol
| (1) |
The Commission shall by notice in the Gazette and through electronic and print media of national circulation and other easily accessible medium, publish the name and symbol approved for each independent candidate.
|
| (1A) |
The name of the independent candidate referred to in sub regulation (1) shall be the same as the name appearing in the identification document used by the independent candidate to register as a voter.
|
| (2) |
The symbols published under subregulation (1) shall be gazetted at the same time as the list of persons nominated to contest the election.
|
| (3) |
The symbol of an independent candidate shall be submitted in an electronic and print format as prescribed by the Commission together with the candidates details in Form 11P set out in the Schedule.
[L.N. 72 of 2017, r. 6.]
|
|
| 11. |
Vacancy notices and notices for elections
| (1) |
A notice issued by the Commission for presidential elections under section 14(1) of the Act shall be in Form 2 set out in the Schedule.
|
| (2) |
A notice of a vacancy in the National Assembly or Senate shall be in Form 3 set out in the Schedule.
|
| (3) |
A notice of a vacancy in the county assembly shall be in Form 4 set out in the Schedule.
|
| (4) |
A notice issued by the Commission for parliamentary elections under section 16 (1) of the Act shall be in Form 5 set out in the Schedule.
|
| (5) |
A notice issued by the Commission for country governor elections under section 17 (1) of the Act shall be in Form 6 set out in the Schedule.
|
| (6) |
A notice issued by the Commission for county assembly elections under section 19(3) of the Act shall be in Form 7 set out in the Schedule.
|
|
| 12. |
Publication of notice of election
| (1) |
The Commission shall publish a notice of the holding of the respective elections in the Gazette and in the electronic and print media of national circulation as set out in the Act and through other easily accessible medium.
|
| (2) |
Immediately after the publication of a notice under section 14 (1) of the Act, the returning officer of every constituency shall notify the holding of a presidential election in Form 8 set out in the Schedule.
|
| (3) |
Immediately after publication of a notice under section 16(1), section 17 (1) and section 19 (1) of the Act, a returning officer shall notify the day or days on which each political party shall nominate candidates to contest parliamentary, county governor or county assembly elections and the holding of a parliamentary, county governor or county assembly election, which shall specify the place at which, and the time during which, nomination papers for parliamentary, county governor and county assembly elections may be obtained.
|
| (4) |
For purposes of subregulation (3) a notice —
| (a) |
for the election of a member of Parliament shall be in Form 9 set out in the Schedule;
|
| (b) |
for the election of county governor shall be in Form 10 set out in the Schedule; and
|
| (c) |
for the election of a member of a county assembly shall be in Form 11 set out in the Schedule.
|
|
| (5) |
After the publication of a notice under sub-regulation (3), the returning officer of every constituency shall proceed to hold the relevant election according to the terms of the notice and in accordance with these Regulations.
|
|
PART III – NOMINATION OF CANDIDATES BY POLITICAL PARTIES AND PARTICIPATION OF INDEPENDENT CANDIDATES IN ELECTIONS
| 13. |
Parties to observe qualifications, etc.
| (1) |
A political party that intends to nominate a candidate for an elective post under the Act shall observe the provisions of the Constitution, the Act and any other written law in respect of the qualifications and disqualifications for that office.
|
| (1A) |
A political party whose nomination rules have been declared void by the Commission under section 27(2B) of the Act shall not participate in the elections.
|
| (2) |
The Commission shall reject a candidate submitted by a political party for any elective post if the candidate is not qualified or eligible for election under the Constitution, the Act or any other written law.
|
| (3) |
Each political party shall issue a nomination certificate, duly signed by the authorized party officials, to the candidate nominated to participate in the elections.
|
| (4) |
The Commission shall reject a nomination certificate which has any alterations.
[L.N. 72 of 2017, r. 7.]
|
|
| 13A. |
Submission of Party membership lists
Each political party shall submit to the Commission a party membership list as prescribed in Form 11A in the Schedule.
[L.N. 72 of 2017, r. 8.]
|
| 13B. |
Submission of details by parties for primaries
Each political party shall submit to the Commission the date, venue and names of persons contesting in party primaries in both printed and electronic format set out in Forms 11B, 11C, 11D 11E, 11F and 11G.
[L.N. 72 of 2017, r. 8.]
|
| 13C. |
Submission of names
Every political party shall submit the names of the party candidates who have been selected to participate in the general elections in both printed and electronic format as prescribed in Forms 11H, 11I, 11J, 11K, 11L and 11M set out in the Schedule.
[L.N. 72 of 2017, r. 8.]
|
| 14. |
Party to submit list of candidates
| (1) |
Each political party intending to present a candidate in an election shall, after its nominations and on such date or within such period as the Commission may designate, submit a list of persons nominated as candidates indicating the elective posts to which they are seeking election.
|
| (2) |
The list referred to in sub-regulation (1) shall be in the prescribed Forms set out in sub-regulation 13C.
|
| (3) |
The list submitted under this regulation shall be signed by the authorised official of the political party.
|
| (4) |
Each political party shall submit only the name of one person as their candidate for a presidential election or for any electoral area as defined in the Act.
[L.N. 72 of 2017, r. 9.]
|
|
| 15. |
Certain requirements for independent candidates
A person who is a Kenyan citizen, and who intends to contest for an elective post as an independent candidate shall—
| (a) |
obtain and file with the Commission a clearance certificate from the Registrar of Political Parties certifying that the person has not been a member of any political party for at least three months immediately before the date of the election; and
|
| (b) |
file with the Commission a form of intention to contest, in the Form 11N.
|
[L.N. 72 of 2017, r. 10.]
|
PART IV – NOMINATION OF PRESIDENTIAL CANDIDATES
| 16. |
Manner of nomination of political party presidential candidate
| (1) |
A political party candidate at a presidential election shall be nominated by a political party by and delivery to the Commission on the day fixed for the nomination of candidates at that election, an application for nomination in Form 12 set out in the Schedule.
|
| (2) |
An application for nomination under this regulation shall be—
| (a) |
signed by the candidate, and the authorised official of the party; and
|
| (b) |
delivered to the Commission personally by the candidate or by an official of the party.
|
|
|
| 17. |
Manner of nomination of independent presidential candidate
| (1) |
An independent candidate at a presidential election shall deliver to the Commission on the day fixed for the nomination of candidates at that election, an application for nomination in Form 12 set out in the Schedule.
|
| (2) |
An application for nomination under this regulation shall —
| (a) |
signed by the candidate, and by two persons who have nominated the candidate in accordance with section 29(2) of the Act;
|
| (b) |
delivered to the Commission personally by the candidate or by any of the two persons referred to in paragraph (a).
|
|
|
| 18. |
Supporters of nomination of presidential candidate and statutory declaration
| (1) |
The person delivering an application for nomination under regulation 16 or 17 shall at least five days to the day fixed for nomination, deliver to the Commission a list bearing the names, respective signatures, identity card or passport numbers of at least two thousand voters registered in each of a majority of the counties, in standard A4 sheets of paper and in an electronic form.
|
| (2) |
The sheets of paper delivered under this regulation shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 12; and
|
| (c) |
be accompanied by copies of the identification document of the voters referred to in sub-regulation (1).
|
|
| (3) |
There shall be delivered to the returning officer together with the application for nomination, a statutory declaration in Form 13 set out in the Schedule, made not earlier than one month before the nomination day.
[L.N. 72 of 2017, r. 11.]
|
|
| 19. |
Nomination fees of presidential candidates
An application for nomination for candidature at a presidential election shall be accompanied by a non-refundable nomination fee, in banker's draft of—
| (a) |
one hundred thousand shillings for a candidate who is a youth, a woman or a person with disability; and
|
| (b) |
two hundred thousand shillings for any other candidate.
|
|
| 20. |
Certain obligations of independent candidates for the office of president
| (1) |
Every independent candidate contesting for the office of president shall establish and maintain a functioning office in Kenya.
|
| (2) |
The office contemplated in subregulation (1) shall be established and be available for inspection by the Commission not later than forty-five days prior to the elections.
|
|
| 21. |
Declaration of no contest: Presidential election
If at the close of nominations for a presidential election, only one candidate is validly nominated, the Commission shall publish a notice in the Gazette showing the name of the candidate so nominated and stating that the presidential election shall not be held, and the Commission shall declare the candidate elected as President in Form 14.
|
PART V – NOMINATION OF CANDIDATES FOR NATIONAL ASSEMBLY
| 22. |
Nomination of political party candidates for National assembly
A political party candidate at a parliamentary election for the National Assembly or county woman representative shall be nominated by a political party by delivery, to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 15 set out in the Schedule.
|
| 23. |
Nomination of independent candidates for National Assembly
An independent candidate at a parliamentary election for the National Assembly or the county woman representative shall deliver to the returning officer, on the day fixed for the nomination of candidates at that election, an application for nomination in Form 15 set out in the Schedule.
|
| 24. |
Supporters of nomination of candidate for National Assembly
| (1) |
The person delivering an application for nomination under regulation 23 shall at the same time deliver to the returning officer for each elective post, standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of at least one thousand voters registered in the constituency or county, as the case may be.
|
| (2) |
The sheets of paper delivered under sub-regulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 15; and
|
| (c) |
be accompanied by copies of the identification documents of the voters referred to in sub regulation (1).
|
[L.N. 72 of 2017, r. 12.]
|
|
| 24A. |
Nomination of County Woman representative of the National Assembly
Where the nomination is for a county woman representative of the National Assembly, the candidate shall make an application for nomination in Form 15A as prescribed in the Schedule.
[L.N. 72 of 2017, r. 13.]
|
| 25. |
Nomination fees for candidate for National Assembly
An application for nomination for candidature at a parliamentary election shall be accompanied by a non-refundable nomination fee, in banker's draft, of —
| (a) |
ten thousand shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
twenty thousand shillings for any other candidate.
|
|
PART VI – NOMINATION OF CANDIDATES FOR SENATE
| 26. |
Nomination of political party candidate for Senate
A political party candidate at an election for the Senate shall be nominated by a political party by delivery, to the county returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 16 set out in the Schedule.
|
| 27. |
Nomination of independent candidate for Senate
An independent candidate at an election for the Senate shall be nominated by delivery to the county returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 16 set out in the schedule.
|
| 28. |
Supporters of nomination of candidate for Senate
| (1) |
The person delivering an application for nomination under regulation 27 shall at the same time deliver to the returning officer, standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of two thousand registered voters in the county.
|
| (2) |
The sheets of paper delivered under sub-regulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 16; and
|
| (c) |
be accompanied by copies of the identity cards of the voters referred to in sub regulation (1).
|
[L.N. 72 of 2017, r. 14.]
|
|
| 29. |
Nomination fees for candidate for Senate
An application for nomination for candidature at a Senate election shall be accompanied by a non-refundable nomination fee, in banker's draft, of —
| (a) |
twenty five thousand shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
fifty thousand shillings for any other candidate.
|
|
PART VII – NOMINATION OF COUNTY GOVERNOR CANDIDATES
| 30. |
Nomination for political party candidate for county governor
A political party candidate for election as county governor shall be nominated by the political party by delivery, to the county returning officer, on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 17 set out in the Schedule.
|
| 31. |
Nomination of independent candidates for county governor
| (1) |
An independent candidate at a county governor election shall deliver to the returning officer on the day fixed for the nomination of candidates at that election, an application for nomination in Form 17 set out in the Schedule.
|
|
| 32. |
Supporters of nomination of county governor candidate
| (1) |
The person delivering an application for nomination under regulation 31 shall at the same time deliver to the returning officer standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of five hundred voters registered in the county.
|
| (2) |
The sheets of paper delivered under sub-regulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 17; and
|
| (c) |
be accompanied by copies of the National identification cards of the voters referred to in sub-regulation (1).
|
[L.N. 72 of 2017, r. 15.]
|
|
| 33. |
Nomination fees for county governor candidates
An application for nomination for candidature at a county governor election shall be accompanied by a non-refundable nomination fee, in banker's draft, of —
| (a) |
twenty five thousand shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
fifty thousand shillings for any other candidate
|
|
PART VIII – NOMINATION OF CANDIDATES FOR COUNTY ASSEMBLY MEMBER
| 34. |
Nomination of political party candidate for county assembly member by political parties
A political party candidate at a county assembly election shall be nominated by a political party by delivery to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 18 set out in the schedule.
|
| 35. |
Nomination of independent candidate for county assembly
An independent candidate at a county assembly member election shall deliver to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 18 set out in the Schedule.
|
| 36. |
Supporters of nomination of candidate for county assembly
| (1) |
The person delivering a nomination application under regulation 35 shall at the same time deliver to the returning officer, standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of five hundred voters registered in the ward.
|
| (2) |
The sheets of paper delivered under sub-regulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 18; and
|
| (c) |
be accompanied by copies of the identity cards of the voters referred to in sub regulation (1).
|
[L.N. 72 of 2017, r. 16.]
|
|
| 37. |
Nomination fees for candidate for member of county assembly
An application for nomination for candidature at a county assembly member election shall be accompanied by a non-refundable nomination fee, in banker's draft of—
| (a) |
two thousand five hundred shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
five thousand shillings for any other candidate.
|
|
PART IX – GENERAL PROVISIONS ON NOMINATION OF CANDIDATES AND REFERENDUM
| 38. |
General requirements: political party candidates
A nomination paper submitted by a political party candidate to the Commission shall —
| (a) |
contain the candidate's name as it appears in the register of voters;
|
| (b) |
be signed by the candidate and by a proposer and seconder who shall be voters registered in the respective electoral areas, and who shall be members of the political party, and by an authorised official of the political party; and
|
| (c) |
be delivered to the returning officer personally by the candidate or by a person authorised by the candidate in that behalf on the day set for the nomination.
|
|
| 39. |
General requirements: independent candidates
A nomination paper submitted by an independent candidate to the Commission shall—
| (a) |
contain the candidate's name as it appears in the voter register;
|
| (b) |
show the voter registration number of each of the subscribers thereto;
|
| (c) |
be signed by the candidate, and by a proposer and seconder who shall be voters registered in the respective electoral areas but who shall not be members of any political party;
|
| (d) |
show the respective electoral area and voters number of the proposer and the seconder; and
|
| (e) |
be delivered to the returning officer personally by the candidate himself or herself or by a person authorized in that behalf by the candidate on the day set for the nomination of that election.
|
|
| 40. |
Independent candidates to supply physical address
Every independent candidate for elections shall provide a physical address located in the respective electoral area for purposes of physical service of documents.
|
| 41. |
Statutory declaration for purposes of nomination
A person nominated to contest in a parliamentary or county election shall submit to the returning officer together with the application for nomination a statutory declaration in Form 19 set out in the Schedule.
|
| 42. |
Supply of nomination forms
A returning officer shall supply free of charge to any voter of his or her electoral area an application for nomination upon a request made by the voter or on behalf of the voter at such place and time as is specified in a notification under regulation 11.
|
| 43. |
Validity of nomination papers
| (1) |
Where a candidate has applied for nomination in accordance with these Regulations, unless the returning officer holds a nomination paper invalid in accordance with these Regulations, or the candidate withdraws his or her candidature, or proof is given to the satisfaction of the returning officer of the candidates' death, the candidate named therein shall stand validly nominated.
|
| (2) |
A returning officer shall hold a nomination paper invalid on any of the following grounds —
| (a) |
that the particulars of the candidate or supporters contained in the nomination paper are not as required by the Act or these Regulations in respect of that elective post;
|
| (b) |
that the nomination paper is not subscribed as required by these Regulations in respect of that elective post;
|
| (c) |
that the candidate is not qualified to be, or is disqualified by law from being nominated or elected to the elective post for which nomination is sought;
|
| (d) |
that so many of the supporters as would reduce the number of qualified supporters to less than the required number of supporters are not qualified to be supporters;
|
| (e) |
that the candidate was not nominated by a political party under section 13 of the Act;
|
| (f) |
that the candidate's name is not on the list submitted by the political party under section 35 of the Act;
|
| (g) |
that the nomination paper was presented after the prescribed period had lapsed;
|
| (h) |
that the nomination paper was not accompanied by the prescribed fee;
|
| (i) |
that the person stands nominated as a candidate in another electoral area; or
|
| (j) |
that the candidate is disqualified under any other written law.
|
|
| (3) |
A returning officer shall give his or her decision on an objection to a nomination paper as soon as practicable after the objection is made.
|
| (4) |
Where a returning officer decides that a nomination paper is invalid, the returning officer shall record that decision and the reasons therefor on the nomination paper, add his or her signature thereto and return the invalid nomination paper to the candidate or its presenter.
|
| (5) |
Notwithstanding that a returning officer has held nomination papers invalid, the returning officer may admit the nomination papers once the reason rendering the nomination papers invalid has been addressed.
|
|
| 44. |
Withdrawal of candidature before nomination
A candidate whose nomination papers have been delivered to the returning officer may, before the close of nominations, by notice in writing signed by him or her before the returning officer and presented to the returning officer, withdraw his or her candidature.
|
| 45. |
Multiple subscribers, etc.
| (1) |
No person shall be a subscriber to more than one nomination paper in respect of different candidates in the same election and if any person subscribes to more than one nomination paper such subscription shall be inoperative on nomination papers:
Provided that this subregulation shall not apply to the subscription of a person by reason only of his or her having subscribed a nomination paper of a candidate who has died or who has withdrawn his or her candidature before a second nomination paper subscribed by that person has been delivered to the returning officer.
|
| (2) |
For purposes of verifying the names of the members of the political party on the party membership list provided by a political party for purposes of these Regulations, such names shall be confirmed against the party membership list submitted to, and kept by, the Registrar of Political Parties and the party membership list submitted to the Commission pursuant to section 28 of the Act.
|
|
| 46. |
Ethical requirements
A candidate shall obtain and submit a self-declaration form as prescribed under the Leadership and Integrity Act, 2012 (No. 19 of 2012).
[L.N. 72 of 2017, r. 17.]
|
| 47. |
Ascertainment of educational qualifications
| (1) |
For purposes of ascertaining the educational qualification of persons for an elective post, a person seeking nomination shall submit to the Commission certified copies of certificates of the educational qualification.
|
| (2) |
Where the body that issued the certificate is not based in Kenya, a candidate shall be required to seek authentication of that body with the Kenya National Examinations Council, in the case of form four certificates, or the Commission for University Education, in the case of university degrees.
[L.N. 72 of 2017, r. 18.]
|
|
| 48. |
Attendance at delivery of nomination papers
| (1) |
No person shall be entitled to attend the proceedings taking place during the time fixed for the delivery of nomination papers unless that person is —
| (b) |
a person nominated as deputy to the candidate, where applicable;
|
| (d) |
present for the purpose of assisting the returning officer at the request of the returning officer.
|
|
| (2) |
Only two persons shall be entitled to attend the proceedings under subregulation (1) at any one time, in respect of any one candidate, whether one of the two persons is the candidate himself or herself or not.
|
| (3) |
A person entitled to attend proceedings under this regulation shall also be entitled to inspect and to object to the validity of any nomination paper delivered in his or her presence.
|
| (4) |
Nothing contained in this regulation shall prevent the returning officer from authorizing observers or members of the press duly approved or accredited by the Commission from attending the nomination proceedings.
|
|
| 49. |
Death of candidate
Where after the close of the nomination, and before the poll is commenced, proof is given to the satisfaction of the returning officer of the death of a person who has been duly nominated, all the proceedings with reference to the election in that electoral area shall cease and shall be commenced afresh as if the notice had been received on the day on which proof of the death was given, or in the case of a general election or an election involving other electoral areas, the day following the announcement of the last election results:
Provided that no fresh nomination shall be necessary in the case of a person already duly nominated for the election affected by this regulation whose nomination shall remain valid.
|
| 50. |
Disruption of nomination
| (1) |
Where the proceedings of a nomination in an electoral area are interrupted by riots, violence, floods or other natural disaster, the proceedings in that electoral area shall be suspended for that day.
|
| (2) |
If the day referred to in subregulation (1) is the last day for the delivery of nomination papers, the nomination proceedings in that electoral area shall be continued on the next day as if that were the last day for the delivery thereof.
|
| (3) |
The "last day" referred to in subregulation (1) shall be treated for purposes of these Regulations as being the last day (subject to any further application of this rule in the event of interruption on that day).
Provided the returning officer shall advertise the postponing of the nominations in such manner as the returning officer considers sufficient to bring it to the notice of the public.
|
| (4) |
A returning officer may extend the hours of nomination at the electoral area where nomination has been interrupted and shall, where nomination started late, extend the hours of nomination by the amount of time which was lost in so starting late.
|
|
| 51. |
Nomination certification, etc.
| (1) |
The chairperson of the Commission shall issue a candidate who is validly nominated to contest in a presidential election with a certificate in Form 20 set out in the Schedule.
|
| (2) |
The returning officer shall issue a candidate who is validly nominated to contest in a parliamentary, county governor or county assembly with a certificate in Form 21 set out in the Schedule.
|
| (3) |
If, after the closure of nomination no person stands validly nominated, the returning officer shall certify accordingly to the Commission in Form 22 set out in the Schedule.
|
| (3A) |
Where after the closure of nomination no person stands validly nominated under sub regulation (3), the Commission shall publish a notice in the Gazette cancelling the holding of the election concerned.
|
| (4) |
If, after the close of nominations, only one candidate is validly nominated, the returning officer shall—
| (a) |
declare the candidate to be nominated; and
|
| (b) |
certify accordingly to the Commission in Form 23 set out in the Schedule.
|
|
| (5) |
Upon receipt of a certificate under subregulation (1) or (2), the Commission shall publish a notice in the Gazette and, where two or more certificates are received at substantially the same time, such notice may be a composite one.
|
| (6) |
If, after the close of nominations, two or more candidates stand validly nominated, the returning officer shall publish a statement and post it prominently at a place at the returning officer’s office where the public has full access and at such other places as the Commission may deem necessary in Form 24 set out in the Schedule stating—
| (a) |
the names, in alphabetical order of surnames, addresses and occupations or descriptions of such candidates as given in their nomination papers;
|
| (b) |
the name of the subscribers to the nomination papers;
|
| (c) |
the day or days upon which, and the hours during which, the poll will be taken;
|
| (d) |
the situation of each polling station and the description of the voters entitled to vote at each polling station; and
|
| (e) |
the location of each tallying centre.
|
[L.N. 72 of 2017, r. 19.]
|
|
| 52. |
Withdrawal of candidature after nomination
| (1) |
A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
|
| (2) |
Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.
[L.N. 72 of 2017, r. 20.]
|
|
| 53. |
Declaration of no contest: Other elective posts
If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect.
[L.N. 72 of 2017, r. 21.]
|
| 53A. |
Swearing in of an elected candidate
Where a candidate has been duly elected the speaker of the relevant assembly shall swear in the candidate within seven days of the date of the election.
[L.N. 72 of 2017, r. 22.]
|
PART X – NOMINATIONS FOR PARTY LISTS
| 54. |
Submission of political party list for allocation of special seats
| (1) |
Each political party shall submit to the Commission a party list of all persons who would stand elected if the party were entitled to seats in the National Assembly, Senate or the County Assembly, as the case may be on the basis of proportional representation in accordance with Article 90 of the Constitution and sections 34, 35, 36 and 37 of the Act.
|
| (2) |
The party list referred to in sub-regulation (1) shall contain the name, address, age, sex, disability and category of disability, phone number, occupation, identity card number or passport number and colored passport size photograph image, elective post sought and such other qualifications as are provided under the Constitution and the Act in the prescribed Form 24B.
|
| (3) |
A party list submitted under subregulation (1) shall be in accordance with section 36 of the Act, and shall be—
| (a) |
signed by the authorised official of the political party submitting the party list; and
|
| (b) |
be submitted in hard copy, in electronic form and such other form that the Commission may specify.
|
|
| (4) |
Each political party list nominee shall after nomination, submit to the Commission a letter stating his or her intention to serve if nominated.
|
| (4A) |
Each political party list nominee representing persons with disabilities shall submit, to the Commission, a certification from the National Council for Persons with Disabilities.
|
| (5) |
The Commission may reject a nominee submitted by a political party for any elective post if that nominee is not qualified to be elected to the office for which the nomination is sought as specified under the Constitution or the Act.
|
| (6) |
The rejection by the Commission of a nominee under this regulation shall not invalidate the entire party list submitted by the political party.
|
| (7) |
The Commission, after making the decision to reject a nominee, inform the political party concerned of that decision and request that political party to submit another name within such time as the Commission shall determine.
|
| (8) |
The Commission shall publish the final party list in at least two newspapers with nationwide circulation.
[L.N. 72 of 2017, r. 23.]
|
|
| 55. |
Party list to be prepared in accordance with party rules
| (1) |
The party list contemplated under regulation 54 shall be prepared in accordance with the nomination rules of the political party.
|
| (2) |
The Commission shall within fourteen days of receipt reject any party list that does not comply with the requirements of the Constitution, the Act or these Regulations.
|
| (3) |
The political party whose party list or nominee has been rejected by the Commission under sub-regulation (2) shall resubmit the party list or nominee within seven days from the date that the party list was rejected under sub regulation (2).
|
| (3A) |
Where a political party fails to amend the party list or resubmit the list as directed by the Commission, the Commission shall reject the party list.
|
| (4) |
A political party submitting a party list under regulation 54 shall submit a declaration to the effect that the political party has complied with its rules relating to the nomination of the names contained in the list.
[L.N. 72 of 2017, r. 24.]
|
|
| 56. |
Commission to publish formula for allocation of seats
| (1) |
The Commission shall before the election to which a party list applies, publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, the formula for allocating the seats to the respective political parties.
|
| (2) |
The formula for allocation of seats to the respective political parties from the party lists shall be the number of seats won by a political party divided by the total number of seats multiplied by available seats for allocation in the respective House.
|
|
| 56A. |
Re-allocation of special seats from the Party list
| (1) |
Where a political party expels a member elected through a party list during the term of Parliament or County Assembly as the case may be, the party shall be required to submit—
| (a) |
a resolution or decision of the party;
|
| (b) |
a notification by the Registrar of Political Parties effecting the expulsion;
|
| (c) |
a declaration of vacancy from the relevant Speaker; and
|
| (d) |
a court order sanctioning the expulsion where applicable,
|
to the Commission for re-allocation.
[L.N. 72 of 2017, r. 25.]
|
|
| 56B. |
Resignation of a member elected through party list
Where a member elected through a party list resigns during the term of Parliament or County Assembly as the case may be, the party shall be required to submit—
| (a) |
the resignation letter of the member; and
|
| (b) |
a declaration of vacancy from the relevant Speaker,
|
to the Commission for re-allocation.
[L.N. 72 of 2017, r. 25.]
|
PART XI – PROVISIONS RELATING TO THE CAMPAIGN PERIOD
| 57. |
Appointment of national and county chief elections agents
| (1) |
Every political party shall at least fourteen days to the date of the election submit to the Commission the names of one national chief agent and forty seven county chief agents.
|
| (2) |
Every independent candidate at a presidential election shall fourteen days to the date of the election submit to the Commission the names of one national chief agent and forty-seven county chief agents.
|
|
| 58. |
Deleted
Deleted by L.N. 72/2017, r. 26.
|
PART XII – PROVISIONS ON VOTING AT ELECTIONS
| 59. |
Election procedure
| (1) |
Every election shall be by secret ballot and shall be held in accordance with the provisions of the Constitution, the Act and these Regulations.
|
| (2) |
A voter shall cast his or her vote by use of a ballot paper or electronically.
|
| (3) |
No person shall cast more than one vote at any particular election.
|
| (4) |
No person shall vote in a polling station other than that in respect of which that person is registered to vote.
|
|
| 60. |
Electronic voting
Where the Commission intends to conduct an election by electronic means, it shall, not later than three months before such election, publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, guidelines that shall apply in such voting.
|
| 61. |
Election material at polling station
| (1) |
The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers necessary for the effective carrying out of the provisions of these Regulations relating to the election concerned.
|
| (2) |
Every ballot box shall be—
| (a) |
fairly transparent or translucent;
|
| (b) |
be colour coded prominently and distinctively to identify the respective elective post and shall correspond with the colour of the ballot paper for that elective post;
|
| (c) |
constructed with an aperture which is large enough to receive a ballot paper;
|
| (d) |
clearly labelled with the text of the respective elective post;
|
| (e) |
constructed so as to be capable of being sealed so that ballot papers cannot be taken out of the box so long as the seal is unbroken;
|
| (f) |
constructed so that the ballot boxes shall bear serial numbers of the polling station and which serial numbers shall be posted prominently and in full view of voters at every polling station.
|
|
| (3) |
The ballot box shall be designed in such way as to facilitate voting during the election.
|
| (4) |
The returning officer shall provide each polling station with—
| (a) |
both electronic and hard copy of the Register of Voters or such part thereof as contains the biometric data and alpha numerical details of the voters entitled to vote at that polling station;
|
| (b) |
materials to enable voters to mark their ballot papers in elections where marking is necessary;
|
| (c) |
instruments for stamping the official mark on ballot papers;
|
| (d) |
material for the marking of the voters fingers;
|
| (e) |
a seal of the Commission suitable for the purposes of regulation 69(1)(g);
|
| (f) |
sufficient number of compartments in which voters can mark their votes secretly;
|
| (fa) |
sufficient number of compartments in which voters can mark their votes secretly with special consideration for persons with disabilities; and
|
| (g) |
such other materials for the better carrying out of polling.
|
[L.N. 72 of 2017, r. 27.]
|
|
| 62. |
Admission to polling station
| (1) |
The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and may exclude all other persons except —
| (b) |
a person nominated as a deputy to the candidate, where applicable;
|
| (d) |
members of the Commission and election officers on duty;
|
| (f) |
persons necessarily assisting or supporting voters with special needs or assisted voter; and
|
| (g) |
observers and representatives of the print and electronic media accredited by the Commission.
|
|
| (2) |
Notwithstanding sub regulation (1), the presiding officer shall admit to the polling station not more than one agent for each candidate or political party.
|
| (3) |
The absence of agents shall not invalidate the proceedings at a polling station.
|
| (4) |
Every agent appointed by an independent candidate or political party for the purposes of these Regulations shall at all times during the performance of the duties authorized by the independent candidate or political party display the official badge supplied by the Commission.
|
| (5) |
No person shall be admitted to vote at any polling station other than that allotted to that person under regulation 59 (4).
|
| (6) |
No person shall be admitted into a polling station if that person is wearing a badge or has any dressing, signifying symbols or other indication of support for any political party, a candidate in the election or a referendum committee.
|
|
| 63. |
Keeping order at polling station
| (1) |
It shall be the duty of the presiding officer to keep order at his or her polling station.
|
| (2) |
The presiding officer may order the removal of any person who misconducts himself or herself at the polling station, or fails to obey any lawful instructions or orders of the presiding officer and such person shall be removed by the police officer present.
|
| (3) |
A person removed from the polling station under sub regulation (2) shall not re-enter the polling station during the continuance of the poll without the permission of the presiding officer.
|
| (4) |
A person removed from a polling station under subregulation (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody for an offence by a police officer without a warrant.
|
| (5) |
The presiding officer may order the dispersal of any gathering of persons which appears to the presiding officer to be preventing free entry to, or exit from, the polling station or to be intimidating or interfering with voters, and any such order shall be sufficient authority for a police officer, or any other person authorized by the order, to effect the dispersal.
|
| (6) |
The power conferred on a presiding officer and a police officer under subregulation (5) shall not be limited to the area covered by the polling station only but shall extend to a radius of not more than four hundred meters from the centre of the polling station.
|
| (7) |
The powers conferred by this regulation shall not be exercised so as to prevent any voter who is entitled to vote at the polling station from having an opportunity to peaceably vote at that polling station.
|
|
| 64. |
Adjournment, etc, of polling by the presiding officer
| (1) |
Notwithstanding the terms of any notice issued under the Act or these Regulations, a presiding officer may, after consultation with the returning officer, adjourn the proceedings at his or her polling station where they are interrupted by a riot, violence, natural disaster or other occurrence, shortage of equipment or other materials or other administrative difficulty, but where the presiding officer does so, the presiding officer shall re-start the proceedings at the earliest practicable moment.
|
| (2) |
The discretionary powers of a presiding officer under subregulation (1) shall include a power in the circumstances therein mentioned to transfer the proceedings to another polling station or public facility in the same constituency, and where presiding officer does so—
| (a) |
the presiding officer shall advertise the fact in such manner as is sufficient to bring it to the notice of voters; and
|
| (b) |
the electoral area for the polling station from which the proceedings are transferred shall, for all the purposes of these Regulations, be deemed to be part of the electoral area of the polling station to which the proceedings are transferred.
|
|
| (3) |
A presiding officer shall, in consultation with the returning officer—
extend the hours of polling at the polling station where polling has been interrupted under this regulation or for other valid cause, and
where polling in that polling station has started late, extend the hours of polling by the amount of time which was lost in so starting late.
|
| (4) |
Where hours of polling have been extended as contemplated under subregulation (3), the presiding officer shall give a detailed report on the clear facts justifying such extension of hours.
|
|
| 64A. |
Postponement of an election by the Commission
| (1) |
The Commission may, where a date has been appointed for holding an election, postpone the election in a constituency, county or ward for such period as it may consider necessary where—
| (a) |
there is a reason to believe that a serious breach of peace is likely to occur if the election is held on that date; and
|
| (b) |
it is impossible to conduct the elections as a result of a natural disaster or other emergencies.
|
|
| (2) |
Where an election is postponed under sub regulation (1), the election shall be held at the earliest practicable time.
|
| (3) |
Notwithstanding the provisions of this regulation, the Commission may declare the results if satisfied that the result of the elections will not be affected by the votes yet to be received and tallied from the affected polling stations.
[L.N. 72 of 2017, r. 28.]
|
|
| 65. |
Communication at polling station
| (1) |
No person other than an election officer or police officer on duty shall, except with the authority of the presiding officer, have any communication whatsoever with a voter who is in, or in the immediate precincts of, a polling station for the purpose of voting.
|
| (2) |
This regulation shall not prevent the companion of an assisted or supported voter from communicating with that voter.
|
| (3) |
Every election officer, candidate or agent attending at a polling station shall not communicate, unless for a purpose authorized by law, any information as to the name or number on the Register of Voters of any voter who has or has not applied for a ballot paper or voted at that station.
|
| (4) |
A presiding officer may, upon request, divulge to a candidate or agent of a candidate the total number of voters who have voted at the station at any time before the poll is closed.
[L.N. 72 of 2017, r. 29.]
|
|
| 66. |
Polling time
| (1) |
Subject to regulation 64, voting shall commence at 6 o'clock in the morning and end at 5 o'clock in the afternoon on the polling day.
|
| (2) |
Notwithstanding subregulation (1), a person who is on a queue for the purposes of voting before 5 o'clock in the afternoon shall be allowed to vote despite the fact that the voting time may extend to after 5 o'clock.
|
| (3) |
The voting by Kenyan citizens residing outside Kenya shall be carried out during the Kenyan time specified in subregulation (1).
|
|
| 67. |
Sealing of ballot boxes, etc
| (1) |
The presiding officer shall, immediately before the commencement of the poll—
| (a) |
show the ballot box or ballot boxes to those persons lawfully present in the polling station;
|
| (b) |
allow those of the candidates, agents and any voter as may wish, to do so, to ascertain that the box or boxes are empty; and
|
| (c) |
close the box or boxes with seals so that they may not be opened without breaking the seal.
|
|
| (2) |
After a ballot box is sealed under subregulation (1) the presiding officer shall cause it to be so placed in the polling station that it can at all times be in the view of himself or herself or a deputy presiding officer and of the candidates or the agents.
|
| (3) |
On the adjournment of the poll in a polling station to another day, or on the close of the poll at one station with a view to transferring a ballot box to another station, and at any other time when a ballot box is not in use for the purpose of receiving ballot papers, the presiding officer shall close up the aperture used for the insertion of the ballot papers into the box and place his or her seal on it in such a manner as to prevent the insertion of ballot papers without breaking the seal.
|
| (4) |
After a box has been sealed under subregulation (3), the seal shall not be broken or the aperture opened except in the presence of the candidates or agents present in the polling station where polling is about to re-commence.
|
| (5) |
Where a presiding officer affixes his or her seal on a ballot box or aperture thereof under this regulation, the presiding officer shall permit any candidate or agent who so wishes to affix his or her seal on the box or aperture.
|
|
| 68. |
Ballot papers
| (1) |
Ballot papers for an election—
| (a) |
for use at a presidential election shall be in Form 25 set out in the Schedule;
|
| (b) |
for use at a National Assembly election shall be in Form 26 set out in the Schedule;
|
| (c) |
for use at a county woman representative to the National Assembly election shall be in Form 27 set out in the Schedule;
|
| (d) |
for use at a Senate election shall be in Form 28 set out in the Schedule;
|
| (e) |
for use at an election for governor shall be in Form 29 set out in the Schedule;
|
| (f) |
for use at a county assembly member election shall be in Form 30 set out in the Schedule;
|
| (g) |
for use in referendum shall be in Form 31 set out in the Schedule.
|
|
| (2) |
Where an election is in respect of more than one elective post, each ballot paper shall be printed on paper of a different colour which is prominent and distinctive from those for use in the other elective posts.
|
| (3) |
The persons validly nominated under these Regulations shall have their names included in the ballot papers for an election in the same order as they appeared in a notice published in accordance with regulation 51(5).
|
| (4) |
Every ballot paper for use at an election shall—
| (a) |
contain the name and symbol of the candidate validly nominated;
|
| (b) |
contain a photograph of the candidate where applicable;
|
| (c) |
be capable of being folded up;
|
| (d) |
have a serial number, or combination of letter and number, printed on the front; and
|
| (e) |
have attached a counterfoil with the same number or combination printed thereon.
|
|
| (5) |
The presiding officer shall before polling commences, allow the candidates or agents who are present at the polling station to inspect the ballot papers provided for use at the polling station and to note the serial numbers thereon.
[L.N. 72 of 2017, r. 30.]
|
|
| 69. |
Voting procedure
| (1) |
Before issuing a ballot paper to a voter, an election official shall—
| (a) |
require the voter to produce an identification document which shall be the same document used at the time of registration as a voter;
|
| (b) |
ascertain that the voter has not voted in that election;
|
| (c) |
call out the number and name of the voter as stated in the polling station register;
|
| (d) |
require the voter to place his or her fingers on the fingerprint scanner and cross out the name of the voter from the printed copy register once the image has been retrieved; and
|
| (e) |
in case the electronic voter identification device fails to identify a voter the presiding officer shall—
| (i) |
invite the agents and candidates in the station to witness that the voter cannot be identified using the device; |
| (ii) |
complete verification Form 32A in the presence of agents and candidates; |
| (iii) |
identify the voter using the printed Register of voters; and |
| (iv) |
once identified proceed to issue the voter with the ballot paper to vote; |
|
| (f) |
deleted by L.N. 72/2017, r. 31(c);
|
| (g) |
deleted by L.N. 72/2017, r. 31(c).
|
|
| (2) |
A voter shall, in a multiple election, be issued with the ballot papers for all elections therein at the same time and shall after receiving the ballot papers —
| (a) |
cast his or her votes in accordance with regulation 70 without undue delay;
|
| (b) |
submit to having one finger as prescribed by the Commission immersed, dipped or marked in ink of a distinctive colour which, so far as is possible, is sufficiently indelible to leave a mark for the period of the election;
|
| (c) |
where a voter has no finger, make a mark on the next most suitable part of the body; and
|
| (d) |
upon collecting his or her identification documents, immediately leave the polling station.
|
|
| (3) |
A person who knowingly fails to place a ballot paper issued to him or her (not being a spoilt ballot paper) into a ballot box before leaving the place where the box is situated commits an offence under the Act.
|
| (4) |
An election officer who deliberately refuses to stamp any ballot paper commits an offence.
|
| (5) |
The presiding officer may, where a voter so requests, explain the voting procedure to such voter.
[L.N. 72 of 2017, r. 31.]
|
|
| 70. |
Method of voting
| (1) |
A voter shall, upon receiving a ballot paper under regulation 69(2)—
| (a) |
go immediately into one of the compartments of the polling station and secretly mark his or her ballot paper by putting a cross, a tick, thumbprint or any other mark in the box and column provided for that purpose against the name and the symbol of the candidate for whom that voter wishes to vote; and
|
| (b) |
fold it up so as to conceal his or her vote, and shall then put the ballot paper into the ballot box in the presence of the presiding officer and in full view of the candidates or agents.
|
|
| (2) |
The voter shall after following the procedure specified in subregulation (1) put each ballot paper into the ballot box provided for the election concerned.
|
| (3) |
No replacement of a ballot paper under this regulation may be done more than twice in respect of any particular voter.
|
|
| 71. |
Spoilt ballot papers
A voter who has inadvertently dealt with his or her ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and providing to the satisfaction of such officer the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivened and the spoilt ballot paper shall be immediately cancelled and the counterfoil thereof marked accordingly.
|
| 72. |
Assisted voters
| (1) |
On the application of a voter who is, by reason of a disability or being unable to read or write, and therefore unable to vote in the manner prescribed in these Regulations, the presiding officer shall permit the voter to be assisted or supported by a person of the voter's own free choice, and who shall not be a candidate or an agent.
|
| (2) |
Where the person who applies to be assisted is not accompanied by a person who is qualified to assist him or her, the presiding officer shall assist such voter, in the presence of the agents.
|
| (3) |
The presiding officer may make such necessary and respectful inquiry in order to establish that the voter and the person the voter has chosen to assist him or her satisfies the provisions of this regulation.
|
| (4) |
The person chosen by the voter is not required to be qualified to vote but is required to have attained the age of eighteen years.
|
| (5) |
The following shall apply with respect to a person who assists a voter under this regulation—
| (a) |
the person shall, before assisting or supporting the voter, make a declaration of secrecy before the presiding officer in Form 32 set out in the Schedule;
|
| (b) |
a person who breaches his or her declaration commits an offence under the Act;
|
| (c) |
the person shall assist or support only one voter at that election and have a mark as proof of assisting or supporting a voter.
|
|
| (6) |
Where a presiding officer grants the request of a voter under this regulation, the presiding officer shall record in the polling station register against the name of the voter the fact that the voter was assisted and the reason for the assistance.
|
| (7) |
No person other than a person acting under this regulation shall be present in a compartment of a polling station while a voter is in the compartment for the purpose of marking his or her ballot paper and any person who contravenes this subregulation commits an offence.
|
|
PART XIII – COUNTING OF VOTES AND DECLARATION OF RESULTS
| 73. |
Procedure on close of polling
| (1) |
At the end of voting, the presiding officer shall declare the polling station closed and shall proceed to seal the ballot boxes in the presence of the candidates or agents and observers at his or her polling station.
|
| (2) |
Immediately after the close of the polling at his or her polling station, the presiding officer shall make in the polling station diary a written statement of—
| (a) |
the number of ballot papers issued to him or her under regulation 61;
|
| (b) |
the number of ballot papers, other than spoilt ballot papers, issued to voters;
|
| (c) |
the number of spoilt ballot papers; and
|
| (d) |
the number of ballot papers remaining unused.
|
|
| (3) |
Immediately after the completion of the statement under subregulation (2), the presiding officer, in the presence of the candidates or agents shall seal in separate tamper proof envelopes—
| (a) |
the spoilt ballot papers, if any;
|
| (b) |
the marked copy register, where necessary;
|
| (c) |
the counterfoils of the used ballot papers; and
|
| (d) |
the statement specified in subregulations,
|
and shall seal each of the envelopes with his or her own seal and the seal of the Commission and shall allow any candidate or agent who may wish to do so, to affix his seal to the envelope and any statement recorded under these regulations.
|
| (4) |
After complying with the provisions of this regulation, the presiding officer shall, as soon as practicable, deliver the ballot boxes, and the tamper proof sealed envelopes to the returning officer who shall take charge thereof.
|
|
| 74. |
Attendance at counting of votes
| (1) |
No agent shall be deemed to be an agent for the purposes of counting unless, at least forty eight hours before the close of the poll in that election, the candidate or political party, as the case may be, has submitted to the presiding officer—
| (a) |
the name and address of the agent; and
|
| (b) |
a letter of the appointment of the agent.
|
|
| (2) |
A presiding officer shall not allow a person whose name, address and authorization has not been so submitted to attend at a counting of votes notwithstanding that the appointment of that person is otherwise in order.
|
| (3) |
A presiding officer shall not be obliged to admit more than one agent of any one political party, candidate or referendum committee, as the case may be, to the counting venue.
|
| (4) |
The presiding officer shall permit into the counting venue—
| (b) |
a person nominated as a deputy to the candidate, where applicable;
|
| (c) |
members of the Commission and election officers on duty;
|
| (d) |
agents appointed under subregulation (1);
|
| (f) |
observers and representatives of the media duly approved or accredited by the Commission.
|
|
| (5) |
If a vehicle or vessel is designated as a polling station and weather conditions exist, immediately after the presiding officer complies with the provisions of regulation 74, which may interfere with the counting of votes, the returning officer may allow the vehicle or vessel to be moved to another appropriate place for the counting of the votes.
|
|
| 75. |
Commencement and sequence of the count
| (1) |
The presiding officer shall, in the presence of the candidates or agents, proceed to arrange the counting venue, assign duties to the clerks and begin to count the votes for that polling station.
|
| (2) |
The presiding officer shall carry out the counting of votes for the respective elective posts in the following order—
| (b) |
member of the National Assembly;
|
| (c) |
member of the County Assembly;
|
| (e) |
county woman representative in the National Assembly; and
|
|
| (3) |
A presiding officer shall, so far as practicable, proceed continuously with the counting of votes.
|
| (4) |
A presiding officer shall not commence the counting or recount of votes unless the presiding officer is of the opinion that the count or recount, as the case may be, can conveniently be completed without a break.
|
| (5) |
Subject to subregulation (2), the counting of votes cast by Kenyan citizens residing outside Kenya shall be carried out after the close of polling time in Kenya and in accordance with the time of counting in Kenya.
|
| (6) |
At the end of voting and before counting of the ballots and in the presence of candidates and agents, the presiding officer shall enter in the polling station diary the number of persons identified during polling using the printed register of voters.
[L.N. 72 of 2017, r. 32.]
|
|
| 76. |
Counting of votes
| (1) |
The presiding officer shall, in the presence of the candidates or agents—
| (a) |
open each ballot box and empty its contents onto the counting table or any other facility provided for the purpose and, shall cause to be counted the votes received by each candidate; and
|
| (b) |
record the total number of votes cast in favour of each candidate.
|
|
| (2) |
Each ballot paper shall be counted as follows—
| (a) |
the presiding officer shall in respect of every ballot paper, announce the candidate in whose favor the vote was cast;
|
| (b) |
display to the candidates or agents the ballot paper sufficiently for them to ascertain the vote; and
|
| (c) |
put the ballot paper at the place on the counting table, or other facility provided for this purpose, set for the candidate in whose favor it was cast.
|
|
| (3) |
The presiding officer shall record the count of the vote in a tallying sheet in Form 33 set out in the Schedule.
|
| (4) |
A candidate or an agent shall have a right to —
| (a) |
dispute the inclusion in the count, of a ballot paper; or
|
| (b) |
object to the rejection of a ballot paper,
|
where upon the presiding officer may decide to uphold or reject the complaint and act as provided under regulation 80.
|
|
| 77. |
Rejection of ballot papers, etc.
| (1) |
At the counting of votes at an election, any ballot paper —
| (a) |
which does not bear the security features determined by the Commission;
|
| (b) |
on which votes are marked, or appears to be marked against the names of, more than one candidate;
|
| (c) |
on which anything is written or so marked as to be uncertain for whom the vote has been cast;
|
| (d) |
which bears a serial number different from the serial number of the respective polling station and which cannot be verified from the counterfoil of ballot papers used at that polling station; or
|
shall, subject to sub-regulation (2), be void and shall not be counted.
|
| (2) |
A ballot paper on which a vote is marked—
| (a) |
elsewhere than in the proper place;
|
| (b) |
by more than one mark; or
|
| (c) |
which bears marks or writing which may identify the voter,
|
shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified thereby.
|
|
| 78. |
Rejected ballot papers
| (1) |
Every rejected ballot paper shall be marked with the word “rejected” by the presiding officer, and, if an objection is made by a candidate or an agent to the rejection, the presiding officer shall add the words “rejection objected to” and shall be treated as rejected for the purpose of the declaration of election results at the polling station.
|
| (2) |
The presiding officer shall mark every ballot paper counted but whose validity has been disputed or questioned by a candidate or an agent with the word "disputed" but such ballot paper shall be treated as valid for the purpose of the declaration of election results at the polling station.
|
| (2A) |
The presiding officer shall make a decision on the validity of the disputed ballot paper under sub regulation (2) and award it to a candidate and such decision shall be final.
|
| (3) |
After the counting of votes is concluded, the presiding officer shall draw up a statement in Form 41 set out in the Schedule showing the number of rejected ballot papers under such of the following heads of rejection as may be applicable—
| (a) |
want of security feature;
|
| (b) |
voting for more than one candidate;
|
| (c) |
writing or mark by which the voter might be identified; or
|
| (d) |
unmarked or void for uncertainty,
|
and any candidate, counting agent or observer shall, if he or she so desires, be allowed to copy that statement.
[L.N. 72 of 2017, r. 33.]
|
|
| 79. |
Candidates, etc. to sign declaration
| (1) |
The presiding officer, the candidates or agents shall sign the declaration in respect of the elections.
|
| (2) |
For purposes of sub regulation (l), the declaration for—
| (a) |
Presidential election results shall be in Form 34A set out in the Schedule; and
|
| (b) |
National Assembly, County women representatives, Senator, Governor and county assembly elections shall be in Forms 35A, 36A, 37A, 38A, and 39A set out in the Schedule.
|
|
| (2A) |
The presiding officer shall—
| (a) |
immediately announce the results of the voting at the polling station before communicating the results to the returning officer;
|
| (b) |
request each of the candidates or agents present to append his or her signature;
|
| (c) |
provide each political party, candidate, or their agent with a copy of the declaration of the results; and
|
| (d) |
affix a copy of the declaration of the results at the public entrance to the polling station or at any place convenient and accessible to the public at the polling station.
|
|
| (3) |
Where any candidate or agent refuses or otherwise fails to sign the declaration form, the candidate or agents shall be required to record the reasons for the refusal or failure to sign.
|
| (4) |
Where a candidate or an agent refuses or fails to record the reasons for refusal or failure to sign the declaration form, the presiding officer shall record the fact of their refusal or failure to sign the declaration form.
|
| (5) |
Where any candidate or agent of a candidate is absent, the presiding officer shall record the fact of their absence.
|
| (6) |
The refusal or failure of a candidate or an agent to sign a declaration form under subregulation (4) or to record the reasons for their refusal to sign as required under this regulation shall not by itself invalidate the results announced under subregulation (2)(a).
|
| (7) |
The absence of a candidate or an agent at the signing of a declaration form or the announcement of results under subregulation (2) shall not by itself invalidate the results announced.
|
| (8) |
After complying with the provisions of this regulation, the presiding officer shall, as soon as practicable, deliver the ballot boxes, and the tamper proof envelopes to the returning officer who shall take charge thereof.
[L.N. 72 of 2017, r. 34.]
|
|
| 80. |
Recount
| (1) |
A candidate or agent, if present when the counting is completed, may require the presiding officer to have the votes rechecked and recounted or the presiding officer may on his or her own initiative, have the votes recounted:
Provided that the recount of votes shall not take place more than twice.
|
| (2) |
No steps shall be taken on the completion of a count or recount of votes until the candidates and agents present at the completion of the counting have been given a reasonable opportunity to exercise the right given by this regulation.
|
|
| 81. |
Sealing of ballot papers by presiding officer
| (1) |
Upon completion of a count, including a recount, the presiding officer shall seal in each respective ballot box—
| (b) |
rejected ballots sealed in a tamperproof envelope;
|
| (c) |
unused ballot papers sealed in a tamperproof envelope;
|
| (d) |
counterfoils of used ballot papers sealed in a tamperproof envelope;
|
| (e) |
copy of election results declaration forms; and
|
| (f) |
stray ballot papers in a tamperproof envelope.
|
|
| (2) |
The presiding officer shall deliver, to the returning officer—
| (b) |
the statements made under regulations 78 and 79;
|
| (c) |
copy of the Register of Voters; and
|
[L.N. 72 of 2017, r. 35.]
|
|
| 82. |
Provisional results to be transmitted electronically
| (1) |
The presiding officer shall, before ferrying the actual results of the election to the returning officer at the tallying venue, submit to the returning officer the results in electronic form, in such manner as the Commission may direct.
|
| (2) |
The results submitted under subregulation (1) shall be provisional and subject to confirmation after the procedure described in regulation 76.
[L.N. 72 of 2017, r. 36.]
|
|
| 83. |
Tallying and announcement of election results
| (1) |
Immediately after the results of the poll from all polling stations in a constituency have been received by the returning officer, the returning officer shall, in the presence of candidates or agents and observers, if present—
| (a) |
tally 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;
|
| (b) |
disregard the results of the count of a polling station where the total valid votes exceeds the number of registered voters in that polling station;
|
| (c) |
disregard the results of the count of a polling station where the total votes exceeds the total number of voters who turned out to vote in that polling station;
|
| (d) |
collate and publicly announce to the persons present 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;
|
| (e) |
complete the relevant Form 35B and 36B for the respective elective position set out in the Schedule in which the returning officer shall declare, as the case may be, the—
| (i) |
name of the respective electoral area; |
| (ii) |
total number of registered voters; |
| (iii) |
votes cast for each candidate or referendum side in each polling station; |
| (iv) |
number of rejected votes in each polling station; |
| (v) |
aggregate number of votes cast in the respective electoral area; and |
| (vi) |
aggregate number of rejected votes; |
|
| (f) |
sign and date the relevant forms and publicly declare the results for the position of—
| (i) |
member of County Assembly; |
| (ii) |
member of National Assembly; and |
|
| (g) |
issue certificates to persons elected in the county assembly and National Assembly elections in Forms 36C and 35C respectively set out in the Schedule;
|
| (h) |
deliver to the county returning officer the collated results for the election of the county Governor, Senator and county women representative to the National Assembly; and
|
| (i) |
deliver to the Chairperson of the Commission the collated results for the election of the president to the national tallying centre.
|
|
| (2) |
The Chairperson of the Commission shall tally and verify the results received at the national tallying centre.
[L.N. 72 of 2017, r. 37.]
|
|
| 84. |
Venue of final tallying
| (1) |
A final tallying of results for the respective elective posts shall be at a venue gazetted by the Commission for that purpose.
|
| (2) |
A tallying centre shall be selected subject to the following requirements—
| (a) |
the presidential elections tallying centre shall be located in Nairobi;
|
| (b) |
the county tallying centre shall be located at the county headquarters;
|
| (c) |
the constituency tallying centre shall be located at the constituency or district headquarters;
|
| (d) |
all tallying centres shall be located at public buildings.
|
|
|
| 85. |
Persons allowed into tallying centres
| (1) |
returning officer shall allow the following persons to be present at the tallying centre—
| (a) |
the presiding officers and other election officials on duty;
|
| (c) |
a person nominated as a deputy to the candidate, where applicable;
|
| (d) |
a member of the Commission;
|
| (f) |
a police officer on duty;
|
| (g) |
duly accredited election observers; and
|
| (h) |
duly accredited media persons.
|
|
| (2) |
Notwithstanding the provisions of this regulation, the returning officer shall not be obliged to admit more than one agent per candidate or political party to the tallying venue.
|
|
| 86. |
Safe keeping of election materials
| (1) |
After the final tallying and announcement of results, the returning officer shall keep in safe custody the following documents—
| (a) |
copies of all election result declaration forms;
|
| (b) |
copies of the register of voters sealed and labelled; and
|
| (c) |
the Electronic Voter Identification Device.
|
|
| (2) |
The returning officer shall—
| (a) |
put the polling station diaries in a separate ballot box, seal and label the box; and
|
| (b) |
keep the sealed ballot boxes and all material relating to the election is safe custody for such period as may be required under these Regulations and the Act.
|
[L.N. 72 of 2017, r. 38.]
|
|
| 87. |
Returns of persons elected
| (1) |
The constituency returning officer shall, as soon as practicable—
| (a) |
deliver to the county returning officer all Forms 37B, 38B and 39B from the respective Constituencies and the collated results; and
|
| (b) |
deliver to the National tallying centre all the Form 34B from the respective polling stations and the summary collation forms.
|
|
| (2) |
The county returning officer shall upon receipt the results from the constituency returning officers as contemplated under regulation (1)—
| (a) |
tally and announce the results for the county governor, senator and county woman representative to the National Assembly;
|
| (b) |
complete Forms 37C, 38C and 39C set out in the Schedule in which the county returning officer shall declare, as the case may be, the—
| (i) |
name of the respective electoral area; |
| (ii) |
total number of registered voters; |
| (iii) |
votes cast for each candidate or referendum side in each polling station; |
| (iv) |
number of rejected votes for each constituency; |
| (v) |
aggregate number of votes cast in the respective electoral area; and |
| (vi) |
aggregate number of rejected votes; and |
|
| (c) |
sign and date the relevant forms publicly and declare the results for the position of—
| (iii) |
county woman representative to the National Assembly; and |
|
| (d) |
issue certificates to persons elected in the county Governor, Senator, county woman representative to the National Assembly in Forms 37D, 38D and 39D respectively set out in the Schedule.
|
|
| (3) |
Upon receipt of Form 34A from the constituency returning officers under sub-regulation (1), the Chairperson of the Commission shall—
| (a) |
verify the results against Forms 34A and 34B received from the constituency returning officer at the national tallying centre;
|
| (b) |
tally and complete Form 34C;
|
| (c) |
announce the results for each of the presidential candidates for each County;
|
| (d) |
sign and date the forms and make available a copy to any candidate or the national chief agent present;
|
| (e) |
publicly declare the results of the election of the president in accordance with Articles 138(4) and 138(10) of the Constitution;
|
| (f) |
issue a certificate to the person elected president in Form 34D set out in the Schedule; and
|
| (g) |
deliver a written notification of the results to the Chief Justice and the incumbent president within seven days of the declaration;
Provided that the Chairperson of the Commission may declare a candidate elected as the President before all the Constituencies have delivered their results if in the opinion of the Commission the results that have not been received will not make a difference with regards to the winner on the basis of Article 138(4)(a) (b) of the Constitution; and
|
| (h) |
in the case of the other elections, whether or not forming part of a multiple election, publish a notice in the Gazette, which may form part of a composite notice, showing the name or names of the Person or persons elected.
|
|
| (4) |
Where no candidate is elected in a presidential election a fresh election shall be held within thirty days after the previous election in accordance with Article 138 of the Constitution and the Commission shall for that purpose, issue a notice in the Gazette to that effect.
|
| (6) |
Where a County Governor, Parliamentary or County Assembly election results in a tie, the Commission shall proceed to conduct fresh elections without notifying the speaker within thirty days, in accordance with the Act and these Regulations.
|
| (7) |
The Commission shall certify to the clerk of each respective House of Parliament the candidates who have been elected in the parliamentary election.
|
| (8) |
The Commission shall, after delivery of a written notification of the results of the presidential election to the Chief Justice and the incumbent President as required by Article 138(10)(b) of the Constitution, issue and deliver a certificate in Form 34D set out in the Schedule to the candidate who has been elected President.
[L.N. 72 of 2017, r. 39.]
|
|
PART XIV – PRESIDENTIAL FRESH ELECTION
| 88. |
Notice of fresh election of president
| (1) |
Where pursuant to Article 138 (5) of the Constitution, no candidate is elected as president, the Commission shall at the time of publishing the results, publish a notice in the Gazette indicating that no candidate has been elected president.
|
| (2) |
The Commission shall within two days of the notice under sub regulation (1); publish a notice for a fresh election for president in Form 40 set out in the Schedule.
[L.N. 72 of 2017, r. 40.]
|
|
| 89. |
Procedure at a fresh election
These Regulations shall, with the necessary modifications and adaptations, apply to a fresh election under this Part.
|
| 90. |
Special voting
| (1) |
The Commission may make provision for the voting, by election officials, observers, patients admitted in hospital, older members of the society, members of the defence and security forces on duty, prisoners and nomadic pastoralists and other persons who by reason of any special need, including disability, are unable to access a polling station.
|
| (2) |
The Commission may, from time, to time publish notices on the manner and procedure of the conduct of special voting and such notice shall be read as if part of these Regulations.
|
|
PART XV – REFERENDUM
| 91. |
[Deleted by L.N. 72 of 2017, r. 41.]
|
| 92. |
[Deleted by L.N. 72 of 2017, r. 41.]
|
PART XVI – MISCELLANEOUS PROVISIONS
| 93. |
Retention and inspection of documents
| (1) |
All documents relating to an election shall be retained in safe custody by the returning officer for a period of three years after the results of the elections have been declared and shall then, unless the Commission or the court otherwise directs, be disposed of in accordance with procedures prescribed by the Commission subject to the Public Archives and Documentation Service Act (Cap. 19).
|
| (2) |
Any person may apply to the High Court with notice to all candidates in the election concerned for authority to inspect documents retained under these Regulations, other than ballot papers and their counterfoils.
|
| (3) |
For the purpose of an inspection under subregulation (2), the returning officer shall unseal the documents concerned in the presence of candidates or agents and the returning officer and candidates or their agents shall keep the documents under their scrutiny until they are resealed by the returning officer after the inspection is completed.
|
| (4) |
The provisions of this Regulation shall not apply to documents that concern a pending election petition unless there is a court order granting such authority.
|
|
| 94. |
Accreditation of observers
| (1) |
Pursuant to section 42 of the Act, the Commission may, at any election, accredit any person or organisation to observe the elections.
|
| (2) |
The Commission shall issue guidelines for election observers, consistent with internationally accepted standards for fair elections, and which shall be binding on election observers upon accreditation by the Commission.
|
| (3) |
Without prejudice to the generality of Sub-regulation (2), the guidelines issued there under may specify the procedures for the accreditation of election observers.
|
| (4) |
The Commission may revoke the accreditation it has granted to any election observer where it is satisfied that an election observer is partisan or has violated any requirement of the guidelines referred to in Sub-regulation (2).
|
| (5) |
No person or organisation may observe any election unless the person or organisation has been accredited by the Commission.
|
| (6) |
All the accredited election observers shall submit to the commission a written report in accordance with the guidelines issued by the commission in sub-regulation (2).
|
|
| 95. |
Accreditation of the media
| (1) |
Pursuant to section 41 of the Act, the Commission may at any election, accredit the media to access and cover the electoral process.
|
| (2) |
The Commission may issue guidelines consistent with internationally accepted standards for fair elections which shall be binding on all media representatives upon accreditation by the Commission.
|
|
| 96. |
Collaborations
| (1) |
The Commission may collaborate with such public and private entities as may be suitable for purposes of ensuring effective conduct of elections and referendum.
|
| (2) |
The collaboration arrangements in subregulation (1) shall be governed by the terms of a partnership agreement between the Commission and the respective entity.
|
| (3) |
The agreement shall stipulate the terms and conditions on the engagement and shall conform to, and respect, the provisions of the Constitution, the Act and these Regulations
|
|
| 96A. |
Reference to LN 127 of 2012
Regulations 94, 95 and 96 shall be read together with the Elections (Voter Education) Regulations, 2012.
[L.N. 72 of 2017, r. 42.]
|
| 97. |
Non -attendance by candidates, etc not to invalidate proceedings
| (1) |
Where in these Regulations expression is used requiring, authorizing, or implying that, any act is to be done in the presence of the candidates or agents, that expression shall be regarded as reference to the presence of such candidates or agents as may he required or authorized to attend.
|
| (2) |
The mere non-attendance of any candidate or agents at the time and place as contemplated under sub-regulation (1) shall not, if any act is otherwise lawfully done, invalidate that act.
|
|
| 98. |
Power of Commission to issue directives
| (1) |
Subject to the Act and these Regulations, the Commission shall have power to, by notice in the Gazette, provide for measures the to ensure efficient and fair elections and referendum and may issue directives from time to time in that regard.
|
| (2) |
Where the Commission issues directives under subregulation (1), the Commission shall ensure that such directives are published in such manner as to reach the persons who may be affected or whose compliance or action may be required.
|
|
| 99. |
[Deleted by LN 72 of 2017, r. 43.]
|
| 100. |
Procedure at a referendum
These Regulations shall, with the necessary modification and adaptations, apply to a referendum held under the Act.
|
| 101. |
Revocation of LN 227 of 1992
The Presidential and Parliamentary Election Regulations, 1992, are revoked.
|
SCHEDULE
|
FORM 1
|
( r. 5(6))
|
|
|
|
DECLARATION BY ELECTION OFFICIAL
|
|
|
|
I ........................................ of ID No./Passport No. ................................................................... being a Presiding Officer/Deputy Presiding Officer/ Clerk/ Agent/Interpreter of .................................. Polling Station in ............. Constituency/County during the General elections/by elections to be held on ......... day of 20 .................. do hereby declare as follows:
|
|
(a) That I shall not prompt any voter whom I am empowered by the Elections Regulations to assist;(b) That I shall strictly follow the provisions of the election regulations .(c) That I shall strictly follow any instructions that may lawfully be given to me relating to these elections.
|
|
|
|
Signature ................................... Date ..........................
|
|
FORM 2
|
(r. 11(1))
|
|
|
|
NOTICE OF PRESIDENTIAL ELECTION
|
|
|
|
An election of a President of the Republic of Kenya is to be held at the forthcoming general election/other than at a general election or a fresh election.
|
|
|
|
Nomination papers for the presidential election may be delivered by the candidate or his or her supporters to the Independent Electoral and Boundaries Commission, Nairobi, between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours of two o'clock and four o'clock in the afternoon on the ............................ day of......................., 20 .................. and on the .......................... day of ....................... 20 .......................
|
|
|
|
Dated the ............................, 20 ...................
|
|
|
|
If the presidential elections is contested, the poll will take place on the .................................. day(s) of ........................, 20 ....................
|
|
|
|
Chairperson,
|
|
Independent Electoral and Boundaries Commission
|
|
|
|
FORM 3
|
r. 11(2))
|
|
|
|
NOTICE OF VACANCY
|
|
|
|
To: THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
|
|
|
|
FOR THE .................................... CONSTITUENCY/COUNTY*
|
|
|
|
WHEREAS a vacancy has arisen in the office of a member of the of the National Assembly/ Senate/County in respect of the above-mentioned constituency/county:
|
|
|
|
NOW, THEREFORE, in pursuance of the provisions of section 16(3) of the Elections Act, I command you that, due notice being first given, you do cause election to be held according to law of a member to serve in the National Assembly/Senate for the said constituency/county.
|
|
|
|
Dated the ..................... 20 ....................
|
|
|
|
...........................................................
|
|
Speaker of the National Assembly/Senate*
|
|
|
|
*delete as appropriate
|
|
FORM 4
|
(r. 11(3))
|
|
|
|
NOTICE OF VACANCY
|
|
|
|
To: THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
|
|
|
|
FOR THE ............................................... WARD
|
|
|
|
WHEREAS a vacancy has arisen in the office of a member of the .................. of the County Assembly in respect of the above-mentioned ward:
|
|
|
|
NOW, THEREFORE, in pursuance of the provisions of section 19(3) of the Elections Act, I command you that, due notice being first given, you do must election to be held according to law of a member to serve in the county assembly for the said ward.
|
|
|
|
Dated the ...................... 20 .....................
|
|
|
|
....................................
|
|
|
|
Speaker of the county assembly
|
|
|
|
FORM 5
|
(r. 11(4))
|
|
|
|
NOTICE OF PARLIAMENTARY ELECTION
|
|
|
|
|
|
An election is to be held of a member to serve in the National Assembly/Senate for the .......................................... Constituency/County.
|
|
|
|
The day for nomination for the parliamentary election will be the .................. day of.............. 20 ........ and nomination papers may be delivered by candidates to the Returning officer between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours two o'clock and four o'clock in the afternoon on the ...................... day of ............................ 20 .................. and on the ............. day of, 20 ................................
|
|
|
|
If the parliamentary election is contested the poll will take place on the ............... day of ............., 20 ...................
|
|
|
|
Chairperson,
|
|
Independent Electoral and Boundaries Commission
|
|
|
|
FORM 6
|
(r. 11(5))
|
|
|
|
NOTICE OF COUNTY GOVERNOR ELECTION
|
|
|
|
An election is to be held of a County Governor to serve in County Assembly for the ..................................... County.
|
|
|
|
The day for nomination for the County Governor Election will be the .................... day of .......... 20 .................... and nomination papers may be delivered by candidates to the returning officer at ................ between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours two o'clock and four o'clock in the afternoon on the .......................... day of 20 ............. and on the ............ day of ....................., 20 ..................
|
|
|
|
If the County Governor Election is contested the poll will take place on the ...................... day of ....................... 20 ..................
|
|
...................................
|
|
Chairperson,
|
|
Independent Electoral and Boundaries Commission
|
|
|
|
FORM 7
|
(r. 11(6)
|
|
|
|
NOTICE OF COUNTY ASSEMBLY ELECTION
|
|
|
|
An election is to be held of a member to serve in County Assembly for the ........................................ Ward of ..................................... County
|
|
|
|
The day for nomination for the County Assembly Ward Election will be the ............ day of ........... 20 ............. and nomination papers may be delivered by candidates to the returning officer at ................ between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours two o'clock and four o'clock in the afternoon on the ............................ day of ............. 20 and on the ............... day of ................................ 20......................
|
|
|
|
If the County Assembly Ward Election is contested the poll will take place on the ................. day of ............................ 20 ...................
|
|
|
|
Dated the ..................... day of ............... 20 .............
|
|
|
|
.........................................
|
|
|
|
Chairperson,
|
|
|
|
Independent Electoral and Boundaries Commission
|
|
|
|
FORM 8
|
(r. 12(2))
|
|
|
|
ELECTION OF PRESIDENT
|
|
|
|
There is to be an election of a President of the Republic of Kenya. Voting in this election will take place on the ...................... day of ..........................., 20 .......................
|
|
|
|
................................................
|
|
|
|
Returning Officer
|
|
|
|
.............................. Constituency
|
|
|
|
FORM 9
|
(r. 12(4)(a))
|
|
|
|
ELECTION OF MEMBER OF PARLIAMENT
|
|
|
|
There is to be an election of a member to serve in the National Assembly /Senate* for the ................................................................ County/Constituency.
|
|
|
|
A parliamentary election will be held on the ....................... day of .............. 20 ..................
|
|
|
|
Each political party wishing to participate in the election must finalize their nomination of candidates before the ..................... day of .............. 20 .............
|
|
|
|
Nomination papers for the election may be delivered to the returning officer between the hours of eight o'clock in the morning and one o'clock on the ....................... day of .........., 20 .................... and forms of nomination papers therefore may be obtained at ............................................. between the hours of nine o'clock in the morning and one o'clock on any week day. The returning officer will prepare a nomination paper for signature at the request of any person who is a registered voter in his constituency.
|
|
|
|
Dated the ............... day of ................... 20 .............
|
|
|
|
....................................
|
|
|
|
Returning Officer
|
|
|
|
FORM 10
|
(r. 12(4)(b))
|
|
|
|
ELECTION OF COUNTY GOVERNOR
|
|
|
|
There is to be an election of a County Governor for the ......................................... County.
|
|
|
|
A County Governor election will be held on the ........................... day of ............, 20 ...............
|
|
|
|
Each political party wishing to participate in the election must finalize their nomination of candidates before the ............................, 20 ..................
|
|
|
|
Nomination papers for the election may be delivered to the returning officer at ................................. between the hours of eight o'clock in the morning and one o'clock on the .................. day of ............., 20 .............. and forms of nomination papers therefore may be obtained at .............................. between the hours of nine o'clock in the morning and one o'clock on any week day. The returning officer will prepare a nomination paper for signature at the request of any person who is a registered voter in his constituency.
|
|
|
|
Dated the .................., 20 ...............
|
|
|
|
......................................
|
|
|
|
Returning Officer
|
|
|
|
FORM 11
|
(r. 12(4)(c))
|
|
|
|
ELECTION OF COUNTY ASSEMBLY
|
|
|
|
There is to be an election of a member to serve in the County Assembly for the ............................................. County.
|
|
|
|
A County Assembly election will be held on the ............... day of .............. 20 ...................
|
|
|
|
Each political party wishing to participate in the election must finalize their nomination of candidates before the ......................., 20 ............................
|
|
|
|
Nomination papers for the election may be delivered to the returning officer at ........................................ between the hours of eight o'clock in the morning and one o'clock on the ............. day of .............., 20 ................ and forms of nomination papers therefore may be obtained at ......................................... between the hours of nine o'clock in the morning and one o'clock on any week day. The returning officer will prepare a nomination paper for signature at the request of any person who is a registered voter in his constituency.
|
|
|
|
Dated the ................ day of ............... 20 ...............
|
|
|
|
.....................................................
|
|
|
|
Returning Officer
|
|
|
|
FORM 11A
|
(r. 13(A))
|
|
|
|
PARTY MEMBERSHIP LIST
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
County: ...................................... County Code: ..........................
|
|
|
|
Constituency: ....................................... Constituency Code: ....................
|
|
|
|
County Assembly Ward: ............................... CAW Code: .................
|
|
|
|
No.
|
Surname
|
Other names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
.
|
|
|
|
|
|
|
|
|
.
|
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|
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|
|
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|
.
|
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|
.
|
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.
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|
|
|
|
|
FORM 11B
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
PRESIDENTIAL CANDIDATES
|
|
|
|
Party Name: ............................... Party Code: ............................
|
|
|
|
Nominations Date: .....................................
|
|
|
|
Nominations Venue: ......................................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
|
|
|
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|
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|
|
|
FORM 11C
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
SENATE CANDIDATES
|
|
|
|
Party Name: ...................................... Party Code: ............................
|
|
|
|
County: ............................... County Code: ....................
|
|
|
|
Nominations Date: ....................................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
|
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|
|
FORM 11D
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
WOMAN REPRESENTATIVE CANDIDATES
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
County: .................................................. County Code: .......................
|
|
|
|
Nominations Date: ...........................................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
|
|
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|
FORM 11E
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
|
|
MEMBER OF NATIONAL ASSEMBLY CANDIDATES
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
County: .................................................. County Code: .......................
|
|
|
|
Constituency: ............................................ Constituency Code: .......................
|
|
|
|
Nominations Date: ...........................................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
|
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FORM 11F
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
|
|
COUNTY GOVERNOR CANDIDATES
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
County: .................................................. County Code: .......................
|
|
|
|
Nominations Date: ...........................................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
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|
|
FORM 11G
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
|
|
COUNTY ASSEMBLY WARD CANDIDATES
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
County: .................................................. County Code: .......................
|
|
Constituency: ............................................ Constituency Code: .......................
|
|
|
|
County Assembly Ward: ............................... CAW Code: .......................
|
|
|
|
Nominations Date: ...........................................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
|
|
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FORM 11H
|
(r. 13(B))
|
|
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
|
|
PRESIDENTIAL CANDIDATE
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
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FORM 11I
|
(r. 13(C))
|
|
|
|
LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
|
|
|
|
SENATE CANDIDATES
|
|
|
|
Party Name: ............................................... Party Code: ............................
|
|
|
|
County: ............................................... County Code: ............................
|
|
|
|
County Code
|
County Name
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
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___________________________________
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FORM 11J
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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WOMAN REPRESENTATIVE CANDIDATES
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Party Name: ............................................... Party Code: ............................
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County: ............................................... County Code: ............................
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County Code
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County Name
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No
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Surname
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Other Names
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ID/Passport Number
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Gender
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Year of Birth
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Type of Disability (if any)
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FORM 11K
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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MEMBER OF NATIONAL ASSEMBLY CANDIDATES
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Party Name: ............................................... Party Code: ............................
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County: ............................................... County Code: ............................
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Constituency: ................................... Constituency Code: .....................
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County Code
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County Name
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Constituency Code
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Constituency Name
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No
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Surname
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Other Names
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ID/PP No.
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Gender
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Year of Birth
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Type of Disability (if any)
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FORM 11I
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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MEMBER OF NATIONAL ASSEMBLY CANDIDATES
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Party Name: ............................................... Party Code: ............................
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County: ............................................... County Code: ............................
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Constituency: ............................................... Constituency Code: ............................
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County Code
|
County Name
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No
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Surname
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Other Names
|
ID/Passport Number
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Gender
|
Year of Birth
|
Type of Disability (if any)
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FORM 11L
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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COUNTY GOVERNOR CANDIDATES
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Party Name: ............................................... Party Code: ............................
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County: ............................................... County Code: ............................
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County Code
|
County Name
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No
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Surname
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Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
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FORM 11M
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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COUNTY ASSEMBLY WARD CANDIDATES
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Party Name: ............................................... Party Code: ............................
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County: ............................................... County Code: ............................
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Constituency: ............................................... Constituency Code: ............................
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County Assembly Ward: .................................... CAW Code: ............................
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County Code
|
County Name
|
Constituency Code
|
Constituency Name
|
CAW Code
|
CAW Name
|
No
|
Surname
|
Other Names
|
ID/PP No.
|
Gender
|
Year of Birth
|
Type of Disability (if any)
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FORM 11N
|
(r. 15(b))
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INTENTION TO CONTEST AS AN INDEPENDENT CANDIDATE
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I, ............. ID No/ Passport No ..................... do hereby make an application to contest as an Independent Candidate in the Election for................ President/ Senate/ Woman Representative/ Member of National Assembly/ Governor/ Member of County Assembly in ................... County/ Constituency/ County Assembly Ward to be held on the ............. day of ............. 20.........
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Contacts
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Physical address: .............................
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Tel: .......................
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Email: .......................
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Signature: .......................
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Dated: ....................... 20 .....
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FORM 11P
|
r.10(3))
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SUBMISSION OF PARTICULARS AND SYMBOL BY AN INDEPENDENT CANDIDATE
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I, ............... ID No./Passport No........................ having made an application to contest as an Independent Candidate in the Election for ........... President/ Senate/ County Woman member to the National Assembly/ Member of National Assembly/ Governor/Member of county Assembly in ............... County/ Constituency/ County Assembly Ward to be held on the ....... day of ...... 20 ....... do hereby submit my symbol for approval by the Commission.
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Name of Symbol: ..........
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Signature: ................
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Dated............. 20...........
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(Attach print and electronic copy of the symbol)
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FORM 12
|
(rr. 16(1), 17(1), 18(2)(b)))
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NOMINATION PAPER FOR PRESIDENTIAL ELECTION
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(PARTY SPONSORED OR INDEPENDENT)
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Election of President of the Republic of Kenya to be held on the ................................... day of ....................., 20 ........................
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We, the undersigned being registered as voters, in the constituencies shown below do hereby nominate the under mentioned person as a candidate at the said election.
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Particulars of the candidate
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Particulars of Candidate
|
Particulars of Running Mate
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Name in Full
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Occupation
|
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|
National Identity card or Passport No.
|
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|
Sex
|
|
|
|
Date of Birth
|
|
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|
Physical address
|
|
|
|
Postal address
|
|
|
|
Political Party
|
|
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|
Party register No./Clearance certificateNo. of independent candidate
|
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|
Telephone contacts
|
1.2.
|
1.2.
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And I, the aforesaid .................................................... do hereby consent to my nomination as a candidate for election as President of the Republic of Kenya and hereby certify that I am in all respects qualified for nomination as such candidate.
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Signature of Candidate: ..................
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Dated ..............................
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Proposer:
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Full Names: .........................
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National Identity Card or Passport No ................
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Constituency ............................
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Party Office held in Party (for Party Sponsored Candidate only) ............
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Signature of: ......................... Dated:..................
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Seconder:
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Full Names ......................
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National Identity Card or Passport No ...................
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Constituency ........................
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|
Party Office held in Party (for Party Sponsored Candidate only).................
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Signature of ................ Date: .................
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SUPPORTERS OF PRESIDENTIAL ELECTION CANDIDATE
|
|
(PARTY SPONSORED OR INDEPENDENT)
|
|
Election of the President of the Republic of Kenya will be held on the ..................................... day of ....................... 20 ......................
|
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|
We, the undersigned, being registered voters, do hereby support the nomination of ..................... as a candidate for election as President of the Republic of Kenya.
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No.
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Name
|
I.D Card No. / PP No.
|
County
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Constituency
|
Signature/Thumb print
|
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N/B a total of at least 2000 supporters from at least 24 counties must be submitted to the Commission.
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|
FORM 13
|
(r. 18(3))
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|
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|
STATUTORY DECLARATION FOR PURPOSES OF NOMINATION FOR ELECTION
|
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|
I .................................... of ID/Passport No. ....................................... do solemnly and sincerely declare as follows:
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|
1. I do hereby consent to my nomination as a candidate at the election to be held in the Republic of Kenya.
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2. I am duly qualified and am not disqualified by law for election.
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3. I am qualified under, and have complied with, the Constitution and rules relating to persons wishing to contest as a candidate for......................for elections
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And I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act, Cap 15 Laws of Kenya.
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Declared at ................... this ........... day ........ of .............., 20 ........
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Signature of Declarant .................................
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Before me
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...........................................
|
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Magistrate/Commissioner for Oaths
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|
*The declarant names must be written in the order in which he or she wishes them to appear on the nomination statement and the surname must be underlined.
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|
FORM 14
|
(r.21)
|
|
|
|
CERTIFICATE THAT ONLY ONE PERSON NOMINATED FOR ELECTION AS PRESIDENT
|
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|
|
I, the chairperson of the Independent Electoral and Boundaries Commission do hereby certify that the only person who stands validly nominated for the presidential election is-
|
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Name
|
Place of Residence
|
ID/PassportNumber
|
Occupation/Description
|
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|
And that he or she has therefore been declared elected as President.
|
|
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|
Dated this ........................ 20 ........................
|
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.........................
|
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Chairperson
|
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|
Independent Electoral and Boundaries Commission
|
|
|
|
FORM 15
|
(r.22,23,24 (2) (b))
|
|
|
|
NOMINATION PAPER FOR MEMBER OF NATIONAL ASSEMBLY/COUNTY WOMAN
|
|
(PARTY SPONSORED OR INDEPENDENT)
|
|
|
|
Election of a Member of National Assembly of the ............. Constituency to be held on the .......... day of ......... for ............ 20.......
|
|
|
|
We, the undersigned, being registered voters in the constituency nominate the under-mentioned person as a candidate at the National Assembly election.
|
|
|
|
Particulars of the Candidate:
|
|
|
|
Name in Full
|
|
|
Occupation
|
|
|
National Identity card or Passport No
|
|
|
Sex
|
|
|
Date of Birth
|
|
|
Physical Address
|
|
|
Postal address
|
|
|
Political Party
|
|
|
Party register No./ Clearance certificate No. of independent candidate
|
|
|
Telephone contacts
|
1.2.
|
|
|
|
And I, the aforesaid do hereby consent to my nomination as a candidate for election as Member of National Assembly of the ............................................. constituency and hereby certify that I am in all respects qualified for nomination as such candidate.
|
|
|
|
Signature of Candidate: ............................................... Date: .....................................
|
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|
Proposer:
|
|
|
|
Full Names ............................................................................................................
|
|
|
|
National Identity Card or Passport No ...........................................................
|
|
|
|
Constituency ....................................................................................................
|
|
|
|
Party Office held in Party (for Party Sponsored Candidate only) .....................................
|
|
|
|
Signature of ....................................................... Date: ..........................................
|
|
|
|
No.
|
Name
|
County Assembly Ward
|
Voters Number
|
Signature/Thumb Print
|
I.D. Card No./Passport No.
|
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|
Supporter 1:
|
|
Full Names ........................................................................................................................
|
|
Constituency .....................................................................................................................
|
|
Voters Number ................................................................................................................
|
|
*Party Office Held ...........................................................................................................
|
|
Signature of Proposer ..................................................................................................
|
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|
|
Supporter 2:
|
|
Full Names ........................................................................................................................
|
|
Constituency .....................................................................................................................
|
|
Voters Number ................................................................................................................
|
|
Party Office Held* ...........................................................................................................
|
|
Signature ..................................................................................................
|
|
Dated ....................................................................................................
|
|
N/B a total of at least 1000 supporters from the constituency/county must be submitted to the Returning officers for every independent candidate.
|
|
*delete as appropriate
|
|
NOMINATION PAPER FOR MEMBER OF NATIONAL ASSEMBLY/COUNTY WOMAN REPRESENTATIVE
|
|
(PARTY SPONSORED OR INDEPENDENT)
|
|
|
|
Election of a Member of National Assembly of the ............. County to be held on the .......... Day of ......... 20.......
|
|
|
|
we, the undersigned, being registered voters in the County nominate the under mentioned person as a candidate at the National Assembly election.
|
|
|
|
Particulars of the Candidate:
|
|
|
|
Name in Full
|
|
|
Occupation
|
|
|
National Identity card or Passport No
|
|
|
Sex
|
|
|
Date of Birth
|
|
|
Physical Address
|
|
|
Postal address
|
|
|
Political Party
|
|
|
Party register No./ Clearance certificate No. of independent candidate
|
|
|
Telephone contacts
|
1.2.
|
|
|
|
And I, the aforesaid do hereby consent to my nomination as a candidate for election as Member of National Assembly of the ............................................. County and hereby certify that I am in all respects qualified for nomination as such candidate.
|
|
|
|
Signature of Candidate ........................................... Date .........................................
|
|
|
|
Proposer:
|
|
|
|
Full Names .........................................................................
|
|
|
|
National Identity Card or Passport No .................................................
|
|
|
|
Constituency ...................................................................
|
|
|
|
Party Office held in Party (for Party Sponsored Candidate only) .............................................
|
|
|
|
Signature of ............................................... Date: ....................................
|
|
|
|
Seconder:
|
|
|
|
Full Names ................
|
|
|
|
National Identity Card or Passport No.....................................
|
|
|
|
Constituency .................................................
|
|
|
|
Party Office held in Party (for Party Sponsored Candidate only) .....................................
|
|
|
|
Signature of .................... Date .......................
|
|
|
|
SUPPORTERS OF INDEPENDENT CANDIDATE FOR FOR ELECTION OF MEMBER OF NATIONAL ASSEMBLY
|
|
|
|
We, the undersigned, being registered voters, do hereby support the nomination of ............. as a candidate for election as a Member of National Assembly for the ....................... Constituency.
|
|
|
|
No.
|
Name
|
I.D Card No./Passport No
|
County
|
Constituencyprint
|
Signature/Thumb Print
|
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|
NB a total of at least 1000 supporters from the constituency must be submitted to the Returning officers for every independent candidate.
|
|
|
|
SUPPORTERS OF INDEPENDENT CANDIDATE FOR ELECTION OF COUNTY WOMAN MEMBER TO THE NATIONAL ASSEMBLY
|
|
|
|
We, the undersigned, being registered voters, do hereby support the nomination of ............. as a a County
|
|
|
|
Woman Member of National Assembly for the ....................... Constituency.
|
|
|
|
No.
|
Name
|
I.D Card No./Passport No
|
County
|
Constituencyprint
|
Signature/Thumb Print
|
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|
|
NB a total of at least 1000 supporters from the constituency must be submitted to the Returning officers for every independent candidate.
|
|
|
|
FORM 16
|
(rr. 26, 27, 28(2)(b))
|
|
|
|
NOMINATION PAPER FOR SENATE ELECTION (PARTY SPONSORED OR INDEPENDENT)
|
|
|
|
Election of a Member of the Senate for the ...........County to be held on the ............... day of ......................, 20 ...........
|
|
|
|
We, the undersigned supporters, being registered as voters in the county holding the election do hereby nominate the under mentioned person as a candidate at the Senate election.
|
|
|
|
Particular of candidate:.
|
|
|
|
Name in Full
|
|
|
Occupation
|
|
|
National Identity card or Passport No
|
|
|
Sex
|
|
|
Date of Birth
|
|
|
Physical address
|
|
|
Postal address
|
|
|
Political Party
|
|
|
Party register No./ Clearance certificate No. of independent candidate
|
|
|
Telephone contacts
|
1.2.
|
|
|
|
And I, the aforesaid do hereby consent to my nomination as a candidate for election as Senator for the ..................... county and hereby certify that I am in all respects qualified for nomination as such candidate
|
|
|
|
Signature of Candidate: ................. Date: ..............
|
|
|
|
Proposer:
|
|
|
|
Full Names ............................
|
|
|
|
National Identity Card or Passport No .........................
|
|
|
|
Constituency ............................
|
|
|
|
Party Office held in Party (for Party Sponsored Candidate only) ............
|
|
.......
|
|
Signature of ...................... Date: ..................
|
|
|
|
Seconder:
|
|
|
|
Full Names .............................
|
|
|
|
National Identity Card or Passport No .........................
|
|
|
|
Constituency ................................
|
|
|
|
Party Office held in Party (for Party Sponsored Candidate only) ...........................
|
|
|
|
Signature of ...................... Date: ....................
|
|
|
|
SUPPORTERS OF INDEPENDENT CANDIDATE FOR SENATE ELECTION
|
|
|
|
We, the undersigned, being registered voters, do hereby support the nomination of .................... as a candidate for election as Senator of the ........... County.
|
|
|
|
No.
|
Name
|
I.D Card No. /Passport No.
|
County
|
Constituency
|
Signature/Thumb print
|
|
1.
|
|
|
|
|
|
|
2.
|
|
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|
|
|
|
3.
|
|
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|
|
4.
|
|
|
|
|
|
|
|
|
N/B: A total of at least 2,000 supporters from the county for the Senate must be submitted to the Returning officers for every independent candidate.
|
|
|
|
FORM 17
|
(r. 30, 31, 32 (2) (b))
|
|
|
|
NOMINATION PAPER FOR ELECTION OF COUNTY GOVERNOR
|
|
|
|
Election of a County Governor of the ..................... County to be held on the .................. day of ............, 20 .................
|
|
|
|
We, the undersigned supporters, being registered voters in the County Assembly wards of the County holding the election do hereby nominate the under mentioned person as a candidate at the said election.
|
|
|
|
Particulars of the Candidate
|
|
|
|
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Particulars of Candidate
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Particulars of Running Mate
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Name in Full
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Occupation
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National Identity card or Passport No
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Sex
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Date of Birth
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Physical address
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Postal address
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Political Party
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Party register No./ Clearance certificateNo. of independent candidate
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Telephone contacts
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1.2.
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1.2.
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And I, the aforesaid do hereby consent to my nomination as a candidate for election as County Governor of the ............................................. County and hereby certify that I am in all respects qualified for nomination as such candidate.
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Signature of Candidate: ..........................
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Dated: .............................................
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Proposer:
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Full Names .....................................
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National Identity Card or Passport No ......................
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Constituency ..............................
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Party Office held in Party (for Party Sponsored Candidate only) ..............................
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Signature of .................... Date: ................
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Seconder:
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Full Names ..........................
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National Identity Card or Passport No .......................
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Constituency ..........................
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Party Office held in Party (for Party Sponsored Candidate only) ........................
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Signature of ................... Date: .................
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SUPPORTERS OF INDEPENDENT CANDIDATE FOR ELECTION OF COUNTY GOVERNOR
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We, the undersigned, being registered voters, do hereby support the nomination of ................. as a candidate for election as County Governor of the ............. County.
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No.
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Name
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I.D Card No./ Passport No.
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County
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Voters Number
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Signature/Thumbprint
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I.D Card No./Passport No.
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1.
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2.
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3.
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4.
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N/B: a total of at least 500 supporters from wards concerned must be submitted to the Returning officers for every independent candidate.
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FORM 18
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(34, 35, 36(2)(b))
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NOMINATION PAPER FOR ELECTION OF MEMBER OF COUNTY ASSEMBLY
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Election of a Member of County Assembly for ............................................ Ward in .................. County to be held on the ................ day of ........................ , 20 .............................
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We, the undersigned supporters, being registered as voters, in the ......................................... County Assembly ward of ................................................... County holding the election do hereby nominate the under mentioned person as a candidate at the said election.
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Particulars of the Candidate
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Name in Full
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Occupation
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National Identity card or Passport No
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Sex
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Date of Birth
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Physical Address
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Postal Address
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Political Party
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Party register No./ Clearance certificate No. of independent candidate
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Telephone contacts
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1.2.
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And I, the aforesaid do hereby consent to my nomination as a candidate for election as County Assembly member of the ............................ County Assembly ward of ............................. County and hereby certify that I am in all respects qualified for nomination as such candidate.
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Signature of Candidate: ................... Date: .......
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Proposer:
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Full Names .....................................
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National Identity Card or passport No ......................
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Constituency ..........................
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Party Office held in party (for party Sponsored Candidate only)..........
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Signature of ................... Date: ................
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Seconder:
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Full Names .............................
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National Identity Card or passport No ..............
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Constituency ..........................
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Parry Office held in party (for parry Sponsored Candidate only)............
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Signature of ................... Date: ................
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SUPPORTERS OF INDEPENDENT CANDIDATE FOR ELECTION OF MEMBER OF COUNTY ASSEMBLY
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We, the undersigned, being registered voters, do hereby support the nomination of .................................................. as a candidate for election as Member of County Assembly Ward of the ................................. ward in ....................
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No.
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Name
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I.D Card No. /Passport No.
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County
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Constituency
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County Assembly Ward
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Signature/Thumbprint
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N/B: a total of at least 500 supporters from the County Assembly ward must be submitted to the Returning officer for every independent candidate.
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FORM 19
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(r.41)
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STATUTORY DECLARATION FOR PURPOSES OF NOMINATION FOR PARLIAMENTARY AND COUNTY ELECTIONS
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I, ..................................... of ID No./Passport No. .................................. do solemnly and sincerely declare as follows—
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1. I do hereby consent to my nomination as a candidate at the election to be held in the ..................................................... County/Constituency/County Assembly Ward.
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2. I am duly qualified and am not disqualified by law for election.
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3. I am qualified under, and have complied with, the Constitution and rules relating to persons wishing to contest as a candidate for ...................................... elections.
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And I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act. Cap 15 Laws of Kenya
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Declared at ...................... this .............. day ........................ 20 ....................
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Signature of Declarant ................................
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Before me
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......................................................Magistrate/Commissioner for Oaths
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Dated: ............. of ..................., 20 .......
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*The declarant names must be written in the order in which he or she wishes them to appear on the nomination statement and the surname must be underlined.
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FORM 20
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(r. 51(1))
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CERTIFICATE OF NOMINATION FOR PRESIDENTIAL ELECTION
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I, the chairperson of the Independent Electoral and Boundaries Commission do hereby certify that .................................................., ID/ Passport No. .................................................... is validly nominated for the Presidential election to be held on .................. day of ................. 20 ............ in the Republic of Kenya
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Dated this ..................... day of .................... 20 ...............
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..............................................
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Chairperson
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Independent Electoral and Boundaries Commission
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FORM 21
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(r.51(2))
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CERTIFICATE OF NOMINATION OF CANDIDATE FOR NATIONAL ASSEMBLY/COUNTY GOVERNOR/COUNTY ASSEMBLY ELECTIONS
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I ............................................. the returning officer for ................................................ County/Constituency/County Assembly Ward* do hereby certify that .................. ID/Passport No ................ is validly nominated for the National Assembly/Senate/County Governor/County Assembly election* to be held on ..................... day of ...................... 20 ........in .............................. County/Constituency/County Assembly Ward*.
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Dated this ............... day of ................ 20 ...........
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......................................................Returning Officer
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*delete as appropriate
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FORM 22
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(r. 51(3))
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CERTIFICATE THAT NO PERSON NOMINATED
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I .........................the returning officer for ................................................... County/ Constituency/ County AssemblyWard,* do hereby certify that no person is validly nominated for the National Assembly/ Senate/ County Governor/ County Assembly election* to be held on ................ day of ............... 20 .......... in ................. County/ Constituency/ County Assembly Ward*
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Signature ..............................
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*delete as appropriate
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__________________Returning officer
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_____________________________
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FORM 23
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(r. 51(4)(b))
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CERTIFICATE THAT ONLY ONE PERSON NOMINATED FOR ELECTION
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I ....................... the Returning Officer for ............................. County/ Constituency/ County Assembly ward,* do hereby certify that the only one person who is validly nominated for the National Assembly/ Senate/ County Governor/ County Assembly election* is:
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Name
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Place of Residence
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ID/Passport number
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Occupation /Description
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Dated this .................... 20 ................
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Signature: ..............................
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__________________Returning officer
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* delete as appropriate
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FORM 24
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(r. 51(6))
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STATEMENT OF'PERSONS NOMINATED FOR PARLIAMENTARY AND COUNTY ELECTIONS
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I.......................... the Returning officer for .................... County/ Constituency/ County Assembly Ward,* do hereby declare that the following persons have been and now stand nominated for the county/ constituency/ Counry Assembly ward election* to be held on ............ day of .......... 20 ...........
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Particulars of Candidates
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No
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Full Name of Candidate
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ID/PP No.
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Party Sponsored orIndependent Candidate
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Symbol
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Proposer andSeconder
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Occupation
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Contact
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1.2.
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1.2.
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1.2.
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The voters belonging to the voters areas specified hereunder may vote only at the polling station specified and the days and hours for polling at those polling stations shall be as specified Herein:
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County code
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County
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Constituency code
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Constituency
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Ward code
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Ward name
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Polling Stations code
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Polling Stations
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Day and Hours of Polling
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The Tallying Centre shall be as specified hereunder:
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CountyCode
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County
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Tallying Centre
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Venue
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Location
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Dated this ................. day of .................., 20 ........
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...................................Returning Officer
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*delete as appropriate
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FORM 24A
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(r. 52(1))
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NOTICE OF WITHDRAWAL OF CANDIDATURE AFTER NOMINATION
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To the Chairperson Independent Electoral and Boundaries Commission (Presidential
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or
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To the Returning Officer ................. County/ Constituency/ County Assembly Ward
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I, ............................... ID No./Passport No. ...................... having been duly nominated by the Commission on the ................... day of ............ 20............ as a candidate to contest in the Election for ................ President/ Senate/ Woman Representative/ Member of National Assembly/ Governor/ Member of County Assembly in ......................... County/ Constituency/ County Assembly Ward to be held on the ........... day of ........... 20 ............. do hereby withdraw my candidature.
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Signature .............................
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Dated ................... 20 ................
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Remarks by RO..................................................................................................
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Name: ................................. (Returning Officer)
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ID No: .................................
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Signature: ..............................
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Date: ....................... 20 ...........
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Stamp
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*delete as appropriate
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...................................
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FORM 24B
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(r. 54(2))
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POLITICAL PARTY LIST FOR ALLOCATION OF SPECIAL SEATS
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Name of Political Party ..............................
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No.
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Name
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ID/PP No
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Date of Birth
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Sex
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Disability (Y/N)
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Type of Disability
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Elective Position
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Occupation
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Phone Number
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Colored Passport size Photo (on White Background with name and signatures on the back)
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FORM 25
|
(r 68(1)(a))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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PRESIDENTIAL ELECTION, 20 ...................
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IN THE ................. CONSTITUENCY ............. Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark against the name of the candidate and the symbol of the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left to right, so as to conceal your vote. Then put the ballot into the ballot box.
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MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates Symbol
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Presidential Candidate Photo and Name
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Deputy Presidential Name
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Deputy Presidential Name
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_____________________________
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FORM 26
|
(r. 68(1)(b))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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NATIONAL ASSEMBLY ELECTION, 20 ...................
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IN THE ............................................. CONSTITUENCY.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark against the name of the candidate and the symbol of the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left to right, so as to conceal your vote. Then put the ballot into the ballot box.
|
MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates Symbol
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Candidate Photo and Name
|
Voter's Mark/Alama ya kura
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________________________________
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FORM 27
|
(r. 68(1)(c)))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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COUNTY WOMEN REPRESENTATIVE TO THE NATIONAL ASSEMBLY ELECTION, 20 ...................
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IN THE ............................................. CONSTITUENCY.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark againstthe name of the candidate and the symbolof the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left toright, so as to conceal your vote. Then put theballot into the ballot box.
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MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates Symbol
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Photo and Name
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Voter's Mark/Alama ya kura
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FORM 28
|
(r. 68(1)(d)))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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SENATE ELECTION, 20 ...................
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IN THE ............................................. CONSTITUENCY.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark againstthe name of the candidate and the symbolof the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left toright, so as to conceal your vote. Then put theballot into the ballot box.
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MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates Symbol
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Photo and Name
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Voter's Mark/Alama ya kura
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FORM 29
|
(r. 68(1)(e))
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BALLOT PAPER
|
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Counterfoil
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S/No. ............................
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COUNTY GOVERNER ELECTION, 20 ...................
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IN THE ............................................. CONSTITUENCY.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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|
INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark againstthe name of the candidate and the symbolof the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left toright, so as to conceal your vote. Then put theballot into the ballot box.
|
MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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|
Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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|
Party/Candidates Symbol
|
Photo and Name
|
Voter's Mark/Alama ya kura
|
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____________________________
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FORM 30
|
(r. 68(1)(f))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
|
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MEMBERS OF COUNTY ASSEMBLY ELECTION, 20 ...................
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IN THE ............................................. CONSTITUENCY.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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|
......................................................... Polling Station
|
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|
|
INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark againstthe name of the candidate and the symbolof the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left toright, so as to conceal your vote. Then put theballot into the ballot box.
|
MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates Symbol
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Photo and Name
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Voter's Mark/Alama ya kura
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FORM 30 [)]
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FORM 31
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(r. 68(1)(f))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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REFERENDUM ELECTION IN THE ............................................. CONSTITUENCY,20.....................
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.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark againstthe name of the candidate and the symbolof the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left toright, so as to conceal your vote. Then put theballot into the ballot box.
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MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates Symbol
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Photo and Name
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Voter's Mark/Alama ya kura
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FORM 32
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(r. 72(5)(a))
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DECLARATION OF SECRECY MADE BY A PERSON ASSISTING A VOTER
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I .............................. of ID No. / passport No ........... Tel No. .........P.O. Box ........................................ do declare that at these elections I shall assist the voter in strict obedience to the following requirements, namely—
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(1) that I shall not communicate to any person the name or identity of the candidate for whom the voter I am assisting is about to vote or has voted for;
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(2) that I shall mark the vote of the voter I am assisting for the candidate of the voter' choice and for no other person;
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(3) that I shall maintain and aid in maintaining the secrecy of the voting in this polling station.
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Signature of the person assisting the voter ........................
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For Official use
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Declared before the Presiding/Deputy Presiding Officer for .................. Polling station in ........................................... Constituency.
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This .................... Day of ................ 20 ............
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..........................................
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Signature of Presiding/Deputy Presiding Officer:
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Stamp
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FORM 32A
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(r. 69(1)(e)(ii))
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VOTER IDENTIFICATION & VERIFICATION FORM
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County:..................... County Code:......................
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Constituency: ............... Constituency Code: ..............
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County Assembly Ward: ......... CAW Code: .............
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Polling Centre: ................ Code: ...............
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Polling Station: .................
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This is to confirm that the voter whose particulars are indicated below was not identified by the electronic voter identification device but was identified in the print out of the register of voters in respect of the above Polling Station.
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Particulars of Voter
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Surname:
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Other Names:
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Gender:
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ID/ Passport No.
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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Name of the Pesiding Officer:.................... Name of Voter ..........
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ID Number: ................... ID No./Thumbprint .....................
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Signature: ....................... Signature ............
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Date:........................... Date ....................
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Stamp
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FORM 33
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(r. 76(3))
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CANDIDATE VOTE TALLY SHEET
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Name of Polling Station
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Code:
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Name of Constituency
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Code
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Candidate name
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Party Sponsored or Independent:
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Candidate Vote Tally at the Polling Station
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Mark every vote counted close the box as follows total for each for each row is 25
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Total=Total=Total=Total=Total=Total=Total=Total =Total =Total =
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Total votes =
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FORM 34A
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(r. 79(2)(a))
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PRESIDENTIAL ELECTION RESULTS AT THE POLLING STATION
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S/Number ...........................................
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Name of Polling Station: ................................... Code .............
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Ward ................................. Code ..................
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Constituency .............................................. Code ..........................
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County ................................... Code ...................
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Number of votes cast in favour of each candidate:
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Name of Candidate
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No. of Valid Votes Obtained
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Total number of valid votes cast
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1.
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Total Number of Registered voters in the Polling Station
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2.
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Total Number of Rejected Ballot Papers;
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3.
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Total Number of Rejection Objected To Ballot
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4.
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Total Number of Disputed Votes;
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5.
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Total Number of Valid Votes Cast;
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Decision(s) on disputed votes if any
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Serial Number of Ballot Paper(s) with disputed vote
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Name of Candidate assigned the vote
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Declaration
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We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are true and accurate count of the ballots in .............................. Polling Station, ....................................................... Constituency.
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Presiding officer:........................ Signature ...................... Date ...............................
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Deputy Presiding officer: ............................ Signature ................................. Date .................
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Agents or Candidates (if any)
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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Reasons for Refusal to Sign (if any)...............................................................................................................................................................................................................
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Presiding Officer's Comments:............................................................................................................................................................................
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____________________________________________
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FORM 34B
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(r. 87(1)(a))
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COLLATION OF PRESIDENTIAL ELECTION RESULTS AT THE CONSTITUENCY TALLYING CENTRE
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S/Number ...........................................
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Constituency .............................................. Code ..........................
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County ................................... Code ...................
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Polling Station Code
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Name of Polling Station
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Registered Voters
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Candidate 1
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Candidate 2
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Candidate 3
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Total Valid Votes
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Rejected Ballots
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Agents or Candidates (if present)
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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Name of the Constituency Returning Officer: .........................
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ID Number: ......................................
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Signature: .................................
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Date: .......................................
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Handing over - Taking over at the National Presidential Tallying centre
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HANDING OVER
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TAKING OVER
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Number of FORM 34 A submitted:....................................................................
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Number of FORM 34 A received:....................................................................
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Name of the Constituency Returning Officer:.......................................................................
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Commission Chairperson:.......................................................................
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ID Number: ...........................................................
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ID Number: ...........................................................
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Signature:.........................................................
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Signature:........................................................
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Date:....................................................................
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Date:................................................................
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Time: ..................................................................
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Time: ...................................................
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____________________________________________
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FORM 34C
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(r. 87(3)(b))
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DECLARATION OF RESULTS FOR ELECTION OF THE PRESIDENT OF THE REPUBLIC OF KENYA AT THE NATIONAL TALLYING CENTRE
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S/Number: ................................
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Name of National Tallying Centre:......................................................
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County Code
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County Name
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Const. Code
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Constituency Name
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Polling Station Code:
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Polling Station Name:
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Candidate 1
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Candidate 2
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Candidate 3
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Total Valid Votes
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Rejected Ballots
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County Sub. Total
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%age
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County Sub. Total
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%age
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County Sub. Total
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%age
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NATIONAL TOTAL
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%AGE
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No.
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Name of Candidate
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valid Votes in Figures
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Percentage of votes cast
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Number of Counties the Candidate has attained at least 25% of Total Valid Votes Cast
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Aggregate results
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Signatures of Candidates or Agents
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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Commission Chairperson: .................................
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ID Number: ..........................
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Signature: ..........................
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Date: ..........................
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____________________________________________
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FORM 34D
|
(r. 87(3)(f))
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CERTIFICATE OF THE PRESIDENT-ELECT OF THE REPUBLIC OF KENYA
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The chairperson of the Independent Electoral and Boundaries commission hereby declares that ................................................ of ID No ......................... has been duly elected as the President of the Republic of Kenya under the provisions of Article 138 of the Constitution in the Presidential Election held on ........................... day of ....................... 20 ..........................
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Chairperson of IEBC: ............................................
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Signature: .....................................................
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Dated this ......................... Day of ....................... 20 ....................
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Stamp
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____________________________________________
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FORM 35A
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(r. 79(2)(b))
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MEMBER OF NATIONAL ASSEMBLY ELECTION RESULTS AT THE POLLING STATION
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S/Number ...................................
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Name of Polling English: ................................ Code ....................
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Ward: ................................ Code ....................
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Constituency: ................................ Code ....................
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County: ................................ Code ....................
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Number of votes cast in favour of each candidate:
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Name of Candidate
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No. of Valid Votes Obtained
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Total number of Valid Votes cast
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1
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Total number of registered voters in the polling station;
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2
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Total Number of Rejected Ballot Papers;
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3
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Total number of Rejection Objected To Ballot Papers;
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4
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Total Number of Disputed Votes;
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5
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Total number of valid votes;
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Decision(s) on disputed votes if any
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Serial Number of Ballot Paper(s) with disputed vote
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Name of Candidate assigned the vote
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Declaration
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We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are true and accurate count of the ballots in ...................... ... polling station, ................................ onstituency.
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Presiding officer:............ Signature ............. Date ............
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Deputy Presiding officer: ........ Signature ......... Date ...........
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Agents or Candidates (if present)
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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Reasons of Refusal to sign (if any)....................................................................................................................................................................................................................................................................................................................
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Presiding Officer's comments: ..........................................................................................................................................
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_____________________________________________
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FORM 35B
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(r. 83(1)(e))
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DECLARATION OF MEMBER OF NATIONAL ASSEMBLY ELECTION RESULTS AT THE CONSTITUENCY TALLYING CENTRE
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S/Number ..................................
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Name of Constituency: .............. . Code: .....................
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Polling station code
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Name of Polling station
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Reg. Voters
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Candidate 1
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Candidate 2
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Candidate 3
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Total Valid Votes
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Rejected Ballots
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No.
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Name of Candidate
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Valid Votes in Figure
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Valid Votes in Words
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Voter Turn Out
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Total number of registered voters:....................................
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Total number of voters who turned out to vote: ..............................
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Percentage of Voter turnout: .........................................
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Signatures of Candidates or Agents
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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Constituency Returning Officer: ...................................
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ID Number: ...............................................
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Signature: ....................................
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Date: ..................................
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STAMP
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______________________________
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FORM 35C
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(r. 83(1)(g))
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CERTIFICATE OF ELECTED MEMBER OF NATIONAL ASSEMBLY
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The Constituency Returning Officer hereby declares that ....................... of ID No ....................... has been duly elected as the Member of National Assembly for........................................... Constituency in the election held on ..................... day of ................ 20 .........
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Constituency Returning Officer: ..........................................
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Signature: ................................................
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Dated this ........................ Day of ..........................20 ..................
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Stamp
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______________________________________
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FORM 36A
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(r. 79(2)(b))
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MEMBER OF COUNTY ASSEMBLY ELECTION RESULTS AT THE POLLING STATION
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S/Number ........................
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Name of Polling Station: ..................... Code ..........................
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Ward .............................. Code ...............................
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Constituency ............................... Code ..............................
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County ........................... Code .................................
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Number of votes cast in favour of each candidate:
|
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Name of Candidate
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No. of Valid Votes Obtained
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Total valid votes cast
|
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1.
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Total Number of Registered Voters in the Polling Station
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2.
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Total Number of Rejected Ballot Papers
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3.
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Total Number of Rejected Objected to Ballot Papers
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4.
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Total Number of Disputed Votes
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|
5.
|
Total Number of Valid Votes Cast
|
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|
Decision(s) on disputed votes if any
|
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Serial Number of Ballot Paper(s) with disputed vote
|
Name of Candidate assigned the vote
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|
Declaration
|
|
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We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are true and accurate count of the ballots in.......... polling Station ............Constituency.
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Presiding officer: ..................Signature ...............Date.......
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Deputy Presiding Officer: .........................Signature .................... Date..................
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Agents or Candidates (if present)
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
|
Tel. Contact
|
Signature
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Date
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1.
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2.
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3.
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Reasons for Refusal to Sign (if any)..............................................................................................................................................................
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|
Presiding Officer's Comments:..............................................................................................................................................................
|
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|
____________________________________
|
FORM 36B
|
(r. 83(1)(e))
|
|
|
|
DECLARATION OF MEMBER OF COUNTY ASSEMBLY ELECTION RESULTS AT THE CONSTITUENCY TALLYING CENTRE
|
|
|
|
S/Number: .................................
|
|
|
|
Name of Constituency: ........................... Code: ................................
|
|
|
|
Name of County Assembly Ward: ........................ Code: .......................
|
|
|
|
Polling Station code
|
Name of Polling Station
|
Registered Voters
|
Candidate 1
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Candidate 2
|
Candidate 3
|
Total Valid Votes
|
Rejected Ballots
|
|
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|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
|
|
|
No.
|
Name of Candidate
|
Valid Votes in Figure
|
Valid Votes in Words
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Voter Turn Out
|
|
|
|
Total number of registered voters: .....................................
|
|
|
|
Total number of voters who turned out to vote: .................................
|
|
|
|
Percentage of Voter turnout: .......................................
|
|
|
|
Signatures of Candidates or Agents
|
|
|
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
|
|
|
Constituency Returning Officer: ................................
|
|
|
|
ID Number: ..................................
|
|
|
|
Signature: ...............................
|
|
|
|
Date: ................................
|
|
|
_____________________________
|
FORM 36C
|
(r. 83(1)(g))
|
|
|
|
CERTIFICATE OF ELECTED MEMBER OF COUNTY ASSEMBLY
|
|
|
|
The Constituency Returning Officer hereby declares that ............ of ID No .......... has been duly elected as the Member of County Assembly for ................. Ward of ............. County in the election held on ............... day of .................. 20 ............
|
|
|
|
Constituency Returning Officer: ........................................
|
|
|
|
Signature: .....................................................
|
|
|
|
Dated this .................... Day of .................... 20...............
|
|
Stamp
|
|
|
____________________________________
|
FORM 37A
|
(r. 79(2)(b))
|
|
|
|
COUNTY GOVERNOR ELECTION RESULTS AT THE POLLING STATION
|
|
|
|
S/Number ...............................
|
|
|
|
Name of Polling Station: ......................... Code..........................
|
|
|
|
Ward..........................................Code................................
|
|
|
|
Constituency .......................................Code...............................
|
|
|
|
County.........................................Code ................................
|
|
|
|
Number of votes cast in favour of each candidate:
|
|
|
|
Name of Candidate
|
No. of Valid Votes Obtained
|
|
|
|
|
|
|
|
|
|
|
Total valid votes cast
|
|
|
1.
|
Total Number of Registered Voters in the Polling Station;
|
|
|
2.
|
Total Number of Rejected Ballot Papers;
|
|
|
3.
|
Total Number of Rejection Objected To Ballot Papers;
|
|
|
4.
|
Total Number of Disputed Votes;
|
|
|
5.
|
Total Number of Valid Votes Cast;
|
|
|
Decision(s) on disputed votes if any
|
|
|
|
Serial Number of Ballot Paper(s) with disputed vote
|
Name of Candidate assigned the vote
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Declaration
|
|
|
|
We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are true and accurate count of the ballots in.................... Polling Station.................................Constituency.
|
|
|
|
Presiding Officer: ...................................Signature................Date..................
|
|
|
|
Deputy Presiding Officer: ..............................Signature .................. Date............
|
|
|
|
Agents or Candidates (if present)
|
|
|
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/ Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
|
|
|
Reasons for Refusal to Sign (if any)....................................................................................................................................
|
|
Presiding Officer's Comments:....................................................................................................................................
|
_____________________________
|
FORM 37B
|
(r. 87(1)(a))
|
|
|
|
COLLATION OF COUNTY GOVERNOR ELECTION RESULTS AT THE CONSTITUENCY TALLYING CENTRE
|
|
|
|
S/Number.................................................
|
|
|
|
Constituency ..............................Code.......................
|
|
|
|
County.................................Code..............................
|
|
|
|
Name of Constituency Tallying Centre
|
|
|
|
.........................................................
|
|
|
|
Polling Station Code
|
Name of Polling Station
|
Reg. Voters
|
Candidate 1
|
Candidate 2
|
Candidate 3
|
Total Valid Votes
|
Rejected Ballots
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signatures of Candidates or Agents
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
Name of the Constituency Returning Officer: .......................................
ID Number: ..........................................................
Signature: .................................................
Date: ..........................................
Handing Over - Taking Over at the County Tallying Centre
|
HANDING OVER
|
TAKING OVER
|
|
Number of FORM 37 A submitted:....................................................................Name of the Constituency Returning Officer:...................................................................ID Number: ................................................Signature: ..................................................Date: ...........................................................Time: ............................................................
|
Number of FORM 37 A received:....................................................................County Retuming Officer:...................................................................ID Number: ................................................Signature: ..................................................Date: ...........................................................Time: ............................................................
|
______________________________________________
|
FORM 37C
|
(r. 87(2)(b))
|
|
|
|
DECLARATION OF THE COUNTY GOVERNOR ELECTION RESULTS AT THE COUNTY TALLYING CENTRE
|
|
|
|
S/Number..............................................
|
|
|
|
County ..............................................Code .......................
|
|
|
|
Name of County Tallying Centre ........................................
|
|
|
|
Constituency Code
|
Constituency Name
|
Polling Station Code
|
Name of Polling Station
|
Name of Candidate
|
Name of Candidate
|
Name of Candidate
|
Votes Cast
|
Rejected Votes
|
Valid Votes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Constituency Sub-Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Constituency Sub-Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
County Total
|
|
|
|
|
|
|
|
|
|
Aggregate Results
|
No.
|
Name of Candidate
|
Valid Votes in Figure
|
Valid Votes in Words
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signatures of Agents or/and Candidates
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Tel. Contact
|
Signature
|
Date
|
|
1
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
3
|
|
|
|
|
|
|
County Returning Officer: .................................................
|
|
|
|
ID Number: ...............................................
|
|
|
|
Signature: .........................................
|
|
|
|
Date: .........................................
|
|
|
________________________________________
|
FORM 37D
|
(r. 87(2)(d))
|
|
|
|
CERTIFICATE OF THE ELECTED COUNTY GOVERNOR
|
|
|
|
The County Returning Officer hereby declares that ........................ of ID No ......................... has been duly elected as the County Govemor for ...........................County in the election held on ............................day of .................20.........
|
|
|
|
County Returning Officer: ............................................
|
|
|
|
Signature: ............................................
|
|
|
|
Dated this ............................Day of ....................., 20..................
|
|
|
|
Stamp
|
|
|
________________________________________
|
FORM 38A
|
(r. 79(2)(b))
|
|
|
|
SENATE ELECTION RESULTS AT THE POLLING STATION
|
|
S/Number..................................
|
|
|
|
Name of Polling Station: ..................... Code ..............................
|
|
|
|
Ward....................................................... Code ...............................
|
|
|
|
Constituency ........................................ Code ............................
|
|
|
|
County................................................... Code ............................
|
|
|
|
Number of votes cast in favour of each candidate:
|
|
|
|
Name of Candidate
|
No. of Valid Votes Obtained
|
|
|
|
|
|
|
|
|
|
|
Total valid votes cast
|
|
|
1.
|
Total Number of Registered Voters in the Polling Station
|
|
|
2.
|
Total Number of Rejected Ballot Papers
|
|
|
3.
|
Total Number of Rejection Objected To Ballot Papers
|
|
|
4.
|
Total Number of Disputed Votes
|
|
|
5.
|
Total Number of Valid Votes Cast
|
|
|
|
|
Decision(s) on disputed votes if any
|
|
|
|
Serial Number of Ballot Paper(s) with disputed vote
|
Name of Candidate assigned the vote
|
|
|
|
|
|
|
|
|
|
|
Declaration
|
|
We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are true and accurate count of the ballots in...............................Polling Station.............................. Constituency.
|
|
|
|
Presiding Officer: .........................Signature.......................Date..................
|
|
|
|
Deputy Presiding Officer: ..........................Signature ..................... Date....................
|
|
|
|
Agents or Candidates (if present)
|
|
|
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
|
|
|
Reasons for Refusal to Sign (if any)................................................................................................................................................................................................
|
|
|
|
Presiding Officer's Comments:................................................................................................................................................................................................
|
|
|
___________________________________________
|
FORM 38B
|
r. 87(1)(a))
|
|
|
|
COLLATION OF SENATE ELECTION RESULTS AT THE CONSTITUENCY TALLYING CENTRE
|
|
|
|
S/Number..............................................
|
|
|
|
Constituency ................................Code..............................
|
|
|
|
County...................................Code.....................................
|
|
|
|
Name of Constituency Tallying Centre ....................................
|
|
|
|
Polling station Code
|
Name of Polling Station
|
Reg. Voters
|
Candidate l
|
Candidate 2
|
Candidate 3
|
Total Valid Votes
|
Rejected Ballots
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signatures of Candidates or Agents
|
|
|
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
|
Name of the County Returning Officer:..............................................
|
|
|
|
ID Number: ..........................................................
|
|
|
|
Signature: ........................................................
|
|
|
|
Date: .............................................................
|
|
|
|
Handing Over-Taking Over at the County Tallying Centre
|
|
|
|
HANDING OVER
|
TAKING OVER
|
|
Number of FORM 38 A submitted:....................................................................
|
FORM 38 A received:....................................................................
|
|
Name of the Constituency Returning Officer:.......................................................................
|
County Returning Officer:.......................................................................
|
|
ID Number: ...........................................................
|
ID Number: ...........................................................
|
|
Signature:.........................................................
|
Signature:........................................................
|
|
Date:....................................................................
|
Date:................................................................
|
|
Time: ..................................................................
|
Time: ...................................................
|
___________________________________________
|
FORM 38C
|
(r.87(2)(b))
|
|
|
|
DECLARATION OF SENATE ELECTION RESULTS AT THE COUNTY TALLYING CENTRE
|
|
|
|
S/Number........................................
|
|
|
|
Name of County ................................Code..................................
|
|
|
|
Name of County Tallying Centre............................................
|
|
|
|
Constituency Code
|
Constituency Name
|
Polling Station Code
|
Name of Polling Station
|
Name of Candidate
|
Name of Candidate
|
Name of Candidate
|
Votes Cast
|
Rejected Votes
|
Valid Votes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Constituency Sub-Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Constituency Sub-Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
County Total
|
|
|
|
|
|
|
|
|
|
|
|
|
Voter Turn Out
|
|
|
|
Total number of registered voters: ..........................................
|
|
|
|
Total number of voters who turned out to vote: ...........................................
|
|
|
|
Percentage of Voter turnout: ..................................................
|
|
|
|
Aggregate Results
|
|
|
|
No.
|
Name of Candidate
|
Valid Votes in Figure
|
Valid Votes in Words
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signatures of Agents or/and Candidates
|
|
|
|
No.
|
Candidates or Candidates' Agents name
|
Candidates or Candidates' Agents ID Number
|
Party/ independent candidate
|
Contact
|
Candidates or Candidates' Agents signature
|
Date
|
|
1
|
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
|
3
|
|
|
|
|
|
|
|
|
|
County Returning Officer: .........................................
|
|
|
|
ID Number: ......................................................
|
|
|
|
Signature: ..............................................
|
|
|
|
Date: ............................................
|
|
|
___________________________________________
|
FORM 38D
|
(r.87(2)(d))
|
|
|
|
CERTIFICATE OF THE ELECTED SENATOR
|
|
|
|
The County Returning Officer hereby declares that .............................of ID No ...............................has been duly elected as the Senator for..................................County in the election held on ................................day of............................20.........
|
|
|
|
County Returning Officer:.................................................
|
|
|
|
Signature:..............................................................
|
|
|
|
Dated this...................................Day of.......................,20.....................
|
|
|
|
Stamp
|
|
|
___________________________________________
|
FORM 39A
|
(r.79(2)(b))
|
|
|
|
COUNTY WOMAN REPRESENTATIVE TO THE NATIONAL ASSEMBLY ELECTION RESULTS AT THE POLLING
|
|
|
|
S/Number.......................................
|
|
|
|
Name of Polling Centre: ..............................Code.................................
|
|
|
|
Polling Station No: .........................................................
|
|
|
|
Ward.........................................Code....................................
|
|
|
|
Constituency ..................................Code...............................
|
|
|
|
County.........................................Code.................................
|
|
|
|
Number of votes cast in favour of each candidate:
|
|
|
|
Name of Candidate
|
No. of Valid Votes Obtained
|
|
|
|
|
|
|
|
|
|
|
Total valid votes cast
|
|
|
1.
|
Total Number of Registered Voters in the Polling Station
|
|
|
2.
|
Total Number of Rejected Ballot Papers
|
|
|
3.
|
Total Number of Rejection Objected to Ballot Papers
|
|
|
4.
|
Total Number of Disputes
|
|
|
5.
|
Total Number of Valid Votes Cast
|
|
|
|
|
Decision(s) on disputed votes if any
|
|
|
|
Serial Number of Ballot Paper(s) with disputed vote
|
Name of Candidate assigned the vote
|
|
|
|
|
|
|
|
|
|
|
|
|
Declaration
|
|
|
|
We, the undersigned, being present when the results of the count were announced, do hereby declare that the results shown above are true and accurate count of the ballots in........................................polling Station....................... Constituency.
|
|
|
|
Presiding Officer: ...............................Signature...........................Date..........................
|
|
|
|
Deputy Presiding Officer: .............................Signature ........................ Date................
|
|
|
|
Agents or Candidates (if present)
|
|
|
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
|
|
|
Reasons for Refusal to Sign (if any)....................................................................................................................................................................................................................................
|
|
|
|
Presiding Officer's Comments:....................................................................................................................................................................................................................................
|
|
|
____________________________________________
|
FORM 39B
|
(r. 87(1)(a))
|
|
|
|
COLLATION OF COUNTY WOMAN REPRESENTATIVE TO THE NATIONAL ASSEMBLY ELECTION RESULTS AT THE CONSTITUENCY TALLYING
|
|
|
|
S/Number................................................
|
|
|
|
Constituency ..................................Code............................
|
|
|
|
County.........................................Code..............................
|
|
|
|
Name of Constituency Tallying Centre..............................................
|
|
|
|
Polling Station Code
|
Name of Polling Station
|
Registered Voters
|
Candidate 1
|
Candidate 2
|
Candidate 3
|
Total Valid Votes
|
Rejected Ballots
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signatures of Candidates or Agents
|
|
|
|
No.
|
Name of Candidate or Agent
|
ID/Passport No.
|
Party Name/Independent Candidate
|
Tel. Contact
|
Signature
|
Date
|
|
1.
|
|
|
|
|
|
|
|
2.
|
|
|
|
|
|
|
|
3.
|
|
|
|
|
|
|
|
|
|
Name of the County Returning Officer:..............................................
|
|
|
|
ID Number:............................................................
|
|
|
|
Signature:.........................................................
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Date: ..........................................................
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Handing Over - Taking Over at the County Tallying Centre
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HANDING OVER
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TAKING OVER
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Number of FORM 39 A submitted:....................................................................
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Number of FORM 39 A received:....................................................................
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Name of the Constituency Returning Officer:.......................................................................
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County Returning Officer:.......................................................................
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ID Number: ...........................................................
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ID Number: ...........................................................
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Signature:.........................................................
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Signature:........................................................
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Date:....................................................................
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Date:................................................................
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Time: ..................................................................
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Time: ...................................................
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___________________________________________
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FORM 39C
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(r.87(2)(b))
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DECLARATION OF COUNTY WOMAN REPRESENTATIVE TO THE NATIONAL ASSEMBLY ELECTION RESULTS AT THE COUNTY TALLYING CENTRE
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S/Number.......................................................
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County...............................................Code...........................
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Name of County Tallying Centre..........................Code........................
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Constituency Code
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Constituency Name
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Polling Station Code
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Name of Polling Station
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Name of Candidate
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Name of Candidate
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Name of Candidate
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Votes Cast
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Rejected Votes
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Valid Votes
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Constitue-ncy Sub-Total
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Constitu-ency Sub-Total
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County Total
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Voter Turn Out
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Total number of registered voters: ......................................................
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Total number of voters who turned out to vote: ..........................................
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Percentage of Voter turnout: .......................................................
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Aggregate Results
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No.
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Name of Candidate
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Valid Votes in Figure
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Valid Votes in Words
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Signatures of Agents and Candidates
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No.
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Name of Candidate or Agent
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ID/Passport No.
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Party Name/Independent Candidate
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Tel. Contact
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Signature
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Date
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1.
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2.
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3.
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County Returning Officer: .............................
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ID Number: .............................................
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Signature: .............................................
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Date: .................................................
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___________________________________________
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FORM 39
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(r.87(2)(d))
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CERTIFICATE OF ELECTED COUNTY WOMAN REPRESENTATIVE TO THE NATIONAL ASSEMBLY
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The County Returning Officer hereby declares that .................of ID No ....................has been duly elected as the County Woman Member to the National Assembly for .........County in the election held on............day of...............20...............
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County Returning Officer: .............................................
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Signature: ............................................
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Dated this............................Day of .............................20...............
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Stamp
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___________________________________________
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FORM 40
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(r.87(2)(d))
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NOTICE OF FRESH PRESIDENTIAL ELECTION
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A fresh election of a President of the Republic of Kenya shall be held on.............................and will be contested between the following candidates:
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Name
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Candidate/Party Symbol
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The presidential poll will take place on the...............day of .......................20...........................
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............................................
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Chairperson
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___________________________________________
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FORM 41
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(r.88 (2))
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STATEMENT ON REJECTED BALLOT PAPER(S)
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I, ..................................ID No.............................. the presiding Officer for............................... polling Station do hereby certify that the reasons recorded below for rejection of the ballot papers were the reasons provided by me hereunder;
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Elective Position: ...............................................
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SERIAL NUMBER
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REASON(S) FOR REIECTION
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Presiding Officer's Name: ............................................
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Signature: ....................................................
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Date: .......................................
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(STAMP)
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THE ELECTIONS (GENERAL) REGULATIONS
PART I – PRELIMINARY
| 1. |
Citation
These Regulations may be cited as the Elections (General) Regulations.
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| 2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“acknowledgement slip” means a document issued by the returning officer acknowledging application for registration;
“Act” means the Elections Act (Cap. 7);
“agent” means a person appointed under section 30 of the Act;
“authorised official of the party” in relation to a person required to sign the nomination paper of a candidate means an official of a party authorised in that behalf in accordance with section 31(3) of the Act;
“campaign” means the promotion of a candidate or political party for the purposes of an election during the campaign period;
“close of nominations” means four o’clock in the afternoon of the last nomination day for respective elections;
“Commission” means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;
“copy register” means the copy of the Register of Voters or part thereof supplied to a polling station under regulation 6 (4)(a) or its electronic version;
“county returning officer” means a returning officer appointed pursuant to regulation 4;
“election officer”, means a person appointed by the Commission to assist in conducting an election under these Regulations and includes a returning officer, deputy returning officer, a presiding officer, a deputy presiding officer, a clerk or an interpreter;
“electoral number”, in relation to a voter, means the number shown against the name of that voter in the Register of Voters for his or her constituency;
“nomination paper” means nomination papers delivered, in accordance with these Regulations, to the appropriate officer by or on behalf of a person intending to contest as a candidate at an election;
“party primary” means the process through which a political party elects or selects a candidate for an election but does not include a party list;
“police officer” means a police officer assigned to perform the duties that are performed by a police officer under these Regulations;
“political party candidate” means a candidate nominated by a political party to contest an election under the Act;
“polling day” means the election date as stipulated in the Constitution or such other date set for an election by the Commission;
“polling station diary” means a record of all the activities at a polling station on the polling day;
“presiding officer” means a person appointed under regulation 5 to preside at a polling station;
“rejected ballot paper” means a ballot paper rejected in accordance with regulation 78;
“returning officer” has the meaning assigned to it under the Act and includes, a county returning officer appointed under regulation 4;
“spoilt ballot paper” means a ballot paper accepted as spoilt by the presiding officer under regulation 71;
“stray ballot paper” means ballot a paper cast in the wrong ballot box;
“subscriber” in relation to a nomination paper, means any supporter whose name appears on the nomination paper other than the authorised official of a political party.
[L.N. 72/2017], r. 2.]
|
PART II – MATTERS PRELIMINARY TO ELECTIONS
| 3. |
Constituency returning officers and other staff
| (1) |
The Commission shall appoint a constituency returning officer for each constituency and may appoint such number of deputy constituency returning officer for each constituency as it may consider necessary.
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| (2) |
Prior to appointment under paragraph (1), the Commission shall provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.
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| (3) |
The constituency returning officer shall be responsible for—
| (a) |
conducting elections at the constituency level;
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| (b) |
receiving nomination papers in respect of candidates nominated for the post of National Assembly and Ward representative;
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| (c) |
tallying, announcing and declaring, in the prescribed form, 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;
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| (d) |
collating and announcing the results from each polling station in the constituency for the election of the President, county Governor, Senator and county woman representative to the National Assembly;
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| (e) |
submitting, in Form 34B, the collated results for the election of the President to the national tallying center and the collated results for the election of the county Governor in Form 37B, Senator in Form 38B and county woman representative to the National Assembly in Form 39B, to the respective county returning officer; and
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| (f) |
such other functions as may be assigned by the Commission.
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| (4) |
Every appointment under this regulation shall be done transparently and competitively and thereafter published in the Gazette and in such other manner as the Commission may deem necessary in order to widely publicize the appointment.
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| (5) |
A deputy constituency returning officer shall, subject to the general direction and control of the returning officer to whom he or she is a deputy, have all the power, and may perform all the duties, of the returning officer under these Regulations.
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| (6) |
The Commission shall appoint such other staff as it may deem necessary for the purpose of conducting elections.
[L.N. 72/2017, r. 3.]
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| 4. |
Appointment of county returning officers
| (1) |
The Commission shall appoint county returning officers to be responsible for—
| (a) |
receiving nomination papers in respect of candidates nominated for the post of Governor or county woman representative to the National Assembly and the Senate;
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| (b) |
tallying results from constituencies in the county for purposes of the election of the county Governor, Senator and county women representative to the National Assembly;
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| (c) |
the declaration and announcement of results tallied under paragraph (b); and
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| (d) |
such other functions as may be assigned by the Commission.
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| (1A) |
The Commission shall transparently and competitively appoint a deputy county returning officer who shall, subject to the general direction and control of the county returning officer to whom he or she is a deputy, have all the power, and may perform all the duties, of the county returning officer under these Regulations.
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| (2) |
Prior to appointment under subregulation (1), the Commission shall provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.
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| (3) |
Every appointment under this regulation shall be done transparently and competitively and thereafter published in the Gazette and in such other manner as the Commission may deem necessary in order to widely publicize it.
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| (4) |
The county elections coordinator shall not be appointed as the returning officer or the deputy returning officer of the county in which he or she is deployed.
[L.N. 72/2017, r. 4.]
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| 5. |
Presiding at polling station, oath of secrecy, etc
| (1) |
The Commission shall transparently and competitively appoint a presiding officer for every polling station and may similarly appoint such number of deputy presiding officers as may be necessary.
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| (1A) |
The functions of a presiding officer shall be—
| (a) |
presiding over elections at an assigned polling station;
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| (b) |
tallying, counting and announcement of results at the polling station;
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| (c) |
submitting polling station results to the Constituency returning officer; and
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| (d) |
electronically transmitting presidential results to the constituency, counties and national tallying centers.
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| (2) |
Prior to appointment under subregulation (1), the Commission shall provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.
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| (3) |
A returning officer may preside at a polling station and in that case the returning officer shall, for the purposes of these Regulations, be deemed to be the presiding officer of that station.
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| (4) |
A deputy presiding officer may perform any act, including the asking of any question, which a presiding officer is required or authorized to perform by these Regulations.
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| (5) |
The returning officer shall require every presiding officer, deputy presiding officer, clerk, interpreter and agent authorised to attend at a polling station, as soon as he or she has made the oath of secrecy prescribed by the Act, to make before the returning officer, a declaration that the officer making the declaration understands that he or she shall not prompt any voter whom he or she is empowered by these Regulations to assist, and shall strictly follow the provisions of these Regulations, and any instructions which may lawfully be given to him or her relating to the election concerned.
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| (6) |
The declaration under subregulation (4) shall be in Form 1 set out in the Schedule.
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| (7) |
Every agent appointed by a candidate for the purposes of these Regulations shall at all times during the performance of the duties authorized by the candidate wear the official badge or insignia of the political party sponsoring the candidature of the candidate at the election or an insignia previously approved by the Commission for independent candidates.
[L.N. 72/2017, r. 5.]
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| 6. |
Appointment of polling clerks
| (1) |
The Commission shall appoint such number of polling clerks for each constituency as it may consider necessary.
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| (2) |
The Commission shall make the list of the persons appointed under subregulation (1) available to political parties and independent candidates within fourteen days from the date of appointment to enable them raise any objections.
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| (3) |
The list of the persons appointed under subregulation (1) shall be displayed prominently at the offices of the Commission within the constituency.
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| 7. |
Electoral areas and polling stations
| (1) |
| (a) |
assign to each electoral area a distinguishing number or letter or a combination of number and letter;
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| (b) |
appoint a place or places or designate a vehicle or vehicles or a vessel or vessels at which the polling station or stations for each electoral area shall be established; and
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| (c) |
publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, a notice specifying—
| (i) |
the polling stations established for each constituency, which may be the same as the registration centres which they respectively comprise; |
| (ii) |
the distinguishing number or letter, or combination thereof, assigned to each polling station; and |
| (iii) |
the place or places appointed or the vehicle or vehicles, vessel or vessels designated for the establishment of a polling station or stations for each electoral area. |
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| (2) |
In determining the number of polling stations and the location of any polling station, the Commission shall have regard to geographical considerations, accessibility for persons with special needs, (including persons with disabilities), population and any other factors affecting communication between places within the electoral area.
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| (3) |
Subject to subregulation (2), the Commission may alter the number of polling stations and the location of any polling station made under subregulation (1), and shall thereupon publish a notice in the Gazette specifying the alteration at least three months before the date of any election.
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| 8. |
Use of schools and other public facilities for elections
| (1) |
The Commission may use, free of charge, for the purposes of polling—
| (a) |
a room or rooms in any public school within the meaning of the Basic Education Act (Cap. 211) or any part of the school as a polling station;
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| (b) |
such other facilities belonging to, and maintained by, public bodies.
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| (2) |
Where, as a result of the use of any facility under this regulation, any damage is caused to a school or facility belonging to or maintained by a public body, the Commission shall make good the damage, or compensate the school or facility, as the case may be.
|
| (3) |
The Commission may, with prior arrangement with the owner and subject to the Public Procurement and Asset Disposal Act (Cap. 412C), use private facilities where in the opinion of the Commission, the public facilities are unavailable, inadequate or unsuitable for purposes of polling.
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| (4) |
The Commission may not designate as a polling station, any place which, by its nature may compromise the freedom of any voter to exercise his or her right to vote.
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| 9. |
Party symbol
| (1) |
The Commission shall, by notice in the Gazette and through electronic and print media of national circulation and other easily accessible medium notify the public of the distinctive symbol for use by each political party candidate at elections.
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| (2) |
The political party symbol shall be the symbol by which the respective party is registered under the Political Parties Act (Cap. 7D).
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| (3) |
Each political party in a coalition of political parties shall use its own symbol.
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| 10. |
Independent candidate name and symbol
| (1) |
The Commission shall by notice in the Gazette and through electronic and print media of national circulation and other easily accessible medium, publish the name and symbol approved for each independent candidate.
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| (1A) |
The name of the independent candidate referred to in subregulation (1) shall be the same as the name appearing in the identification document used by the independent candidate to register as a voter.
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| (2) |
The symbols published under subregulation (1) shall be gazetted at the same time as the list of persons nominated to contest the election.
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| (3) |
The symbol of an independent candidate shall be submitted in an electronic and print format as prescribed by the Commission together with the candidates details in Form 11P set out in the Schedule.
[L.N. 72/2017, r. 6.]
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| 11. |
Vacancy notices and notices for elections
| (1) |
A notice issued by the Commission for presidential elections under section 14(1) of the Act shall be in Form 2 set out in the Schedule.
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| (2) |
A notice of a vacancy in the National Assembly or Senate shall be in Form 3 set out in the Schedule.
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| (3) |
A notice of a vacancy in the county assembly shall be in Form 4 set out in the Schedule.
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| (4) |
A notice issued by the Commission for parliamentary elections under section 16(1) of the Act shall be in Form 5 set out in the Schedule.
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| (5) |
A notice issued by the Commission for country governor elections under section 17(1) of the Act shall be in Form 6 set out in the Schedule.
|
| (6) |
A notice issued by the Commission for county assembly elections under section 19(3) of the Act shall be in Form 7 set out in the Schedule.
|
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| 12. |
Publication of notice of election
| (1) |
The Commission shall publish a notice of the holding of the respective elections in the Gazette and in the electronic and print media of national circulation as set out in the Act and through other easily accessible medium.
|
| (2) |
Immediately after the publication of a notice under section 14(1) of the Act, the returning officer of every constituency shall notify the holding of a presidential election in Form 8 set out in the Schedule.
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| (3) |
Immediately after publication of a notice under section 16(1), section 17(1) and section 19(1) of the Act, a returning officer shall notify the day or days on which each political party shall nominate candidates to contest parliamentary, county governor or county assembly elections and the holding of a parliamentary, county governor or county assembly election, which shall specify the place at which, and the time during which, nomination papers for parliamentary, county governor and county assembly elections may be obtained.
|
| (4) |
For purposes of subregulation (3) a notice—
| (a) |
for the election of a member of Parliament shall be in Form 9 set out in the Schedule;
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| (b) |
for the election of county governor shall be in Form 10 set out in the Schedule; and
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| (c) |
for the election of a member of a county assembly shall be in Form 11 set out in the Schedule.
|
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| (5) |
After the publication of a notice under subregulation (3), the returning officer of every constituency shall proceed to hold the relevant election according to the terms of the notice and in accordance with these Regulations.
|
|
PART III – NOMINATION OF CANDIDATES BY POLITICAL PARTIES AND PARTICIPATION OF INDEPENDENT CANDIDATES IN ELECTIONS
| 13. |
Parties to observe qualifications, etc.
| (1) |
A political party that intends to nominate a candidate for an elective post under the Act shall observe the provisions of the Constitution, the Act and any other written law in respect of the qualifications and disqualifications for that office.
|
| (1A) |
A political party whose nomination rules have been declared void by the Commission under section 27(2B) of the Act shall not participate in the elections.
|
| (2) |
The Commission shall reject a candidate submitted by a political party for any elective post if the candidate is not qualified or eligible for election under the Constitution, the Act or any other written law.
|
| (3) |
Each political party shall issue a nomination certificate, duly signed by the authorized party officials, to the candidate nominated to participate in the elections.
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| (4) |
The Commission shall reject a nomination certificate which has any alterations.
[L.N. 72/2017, r. 7.]
|
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| 13A. |
Submission of Party membership lists
Each political party shall submit to the Commission a party membership list as prescribed in Form 11A in the Schedule.
[L.N. 72/2017, r. 8.]
|
| 13B. |
Submission of details by parties for primaries
Each political party shall submit to the Commission the date, venue and names of persons contesting in party primaries in both printed and electronic format set out in Forms 11B, 11C, 11D 11E, 11F and 11G.
[L.N. 72/2017, r. 8.]
|
| 13C. |
Submission of names
Every political party shall submit the names of the party candidates who have been selected to participate in the general elections in both printed and electronic format as prescribed in Forms 11H, 11I, 11J, 11K, 11L and 11M set out in the Schedule.
[L.N. 72/2017, r. 8.]
|
| 14. |
Party to submit list of candidates
| (1) |
Each political party intending to present a candidate in an election shall, after its nominations and on such date or within such period as the Commission may designate, submit a list of persons nominated as candidates indicating the elective posts to which they are seeking election.
|
| (2) |
The list referred to in subregulation (1) shall be in the prescribed Forms set out in subregulation 13C.
|
| (3) |
The list submitted under this regulation shall be signed by the authorised official of the political party.
|
| (4) |
Each political party shall submit only the name of one person as their candidate for a presidential election or for any electoral area as defined in the Act.
[L.N. 72/2017, r. 9.]
|
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| 15. |
Certain requirements for independent candidates
A person who is a Kenyan citizen, and who intends to contest for an elective post as an independent candidate shall—
| (a) |
obtain and file with the Commission a clearance certificate from the Registrar of Political Parties certifying that the person has not been a member of any political party for at least three months immediately before the date of the election; and
|
| (b) |
file with the Commission a form of intention to contest, in the Form 11N.
|
|
PART IV – NOMINATION OF PRESIDENTIAL CANDIDATES
| 16. |
Manner of nomination of political party presidential candidate
| (1) |
A political party candidate at a presidential election shall be nominated by a political party by and delivery to the Commission on the day fixed for the nomination of candidates at that election, an application for nomination in Form 12 set out in the Schedule.
|
| (2) |
An application for nomination under this regulation shall be—
| (a) |
signed by the candidate, and the authorised official of the party; and
|
| (b) |
delivered to the Commission personally by the candidate or by an official of the party.
|
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|
| 17. |
Manner of nomination of independent presidential candidate
| (1) |
An independent candidate at a presidential election shall deliver to the Commission on the day fixed for the nomination of candidates at that election, an application for nomination in Form 12 set out in the Schedule.
|
| (2) |
An application for nomination under this regulation shall—
| (a) |
signed by the candidate, and by two persons who have nominated the candidate in accordance with section 29(2) of the Act;
|
| (b) |
delivered to the Commission personally by the candidate or by any of the two persons referred to in paragraph (a).
|
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| 18. |
Supporters of nomination of presidential candidate and statutory declaration
| (1) |
The person delivering an application for nomination under regulation 16 or 17 shall at least five days to the day fixed for nomination, deliver to the Commission a list bearing the names, respective signatures, identity card or passport numbers of at least two thousand voters registered in each of a majority of the counties, in standard A4 sheets of paper and in an electronic form.
|
| (2) |
The sheets of paper delivered under this regulation shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 12; and
|
| (c) |
be accompanied by copies of the identification document of the voters referred to in subregulation (1).
|
|
| (3) |
There shall be delivered to the returning officer together with the application for nomination, a statutory declaration in Form 13 set out in the Schedule, made not earlier than one month before the nomination day.
[L.N. 72/2017, r. 11.]
|
|
| 19. |
Nomination fees of presidential candidates
An application for nomination for candidature at a presidential election shall be accompanied by a non-refundable nomination fee, in banker's draft of-
| (a) |
one hundred thousand shillings for a candidate who is a youth, a woman or a person with disability; and
|
| (b) |
two hundred thousand shillings for any other candidate.
|
|
| 20. |
Certain obligations of independent candidates for the office of president
| (1) |
Every independent candidate contesting for the office of president shall establish and maintain a functioning office in Kenya.
|
| (2) |
The office contemplated in subregulation (1) shall be established and be available for inspection by the Commission not later than forty-five days prior to the elections.
|
|
| 21. |
Declaration of no contest: Presidential election
If at the close of nominations for a presidential election, only one candidate is validly nominated, the Commission shall publish a notice in the Gazette showing the name of the candidate so nominated and stating that the presidential election shall not be held, and the Commission shall declare the candidate elected as President in Form 14.
|
PART V – NOMINATION OF CANDIDATES FOR NATIONAL ASSEMBLY
| 22. |
Nomination of political party candidates for National assembly
A political party candidate at a parliamentary election for the National Assembly or county woman representative shall be nominated by a political party by delivery, to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 15 set out in the Schedule.
|
| 23. |
Nomination of independent candidates for National Assembly
An independent candidate at a parliamentary election for the National Assembly or the county woman representative shall deliver to the returning officer, on the day fixed for the nomination of candidates at that election, an application for nomination in Form 15 set out in the Schedule.
|
| 24. |
Supporters of nomination of candidate for National Assembly
| (1) |
The person delivering an application for nomination under regulation 23 shall at the same time deliver to the returning officer for each elective post, standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of at least one thousand voters registered in the constituency or county, as the case may be.
|
| (2) |
The sheets of paper delivered under subregulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 15; and
|
| (c) |
be accompanied by copies of the identification documents of the voters referred to in subregulation (1).
|
|
|
| 24A. |
Nomination of County Woman representative of the National Assembly
Where the nomination is for a county woman representative of the National Assembly, the candidate shall make an application for nomination in Form 15A as prescribed in the Schedule.
[L.N. 72/2017, r. 13.]
|
| 25. |
Nomination fees for candidate for National Assembly
An application for nomination for candidature at a parliamentary election shall be accompanied by a non-refundable nomination fee, in banker's draft, of—
| (a) |
ten thousand shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
twenty thousand shillings for any other candidate.
|
|
PART VI – NOMINATION OF CANDIDATES FOR SENATE
| 26. |
Nomination of political party candidate for Senate
A political party candidate at an election for the Senate shall be nominated by a political party by delivery, to the county returning officer on the day fixed for the nomination of candidates at that election, of a application for nomination in Form 16 set out in the Schedule.
|
| 27. |
Nomination of independent candidate for Senate
An independent candidate at an election for the Senate shall be nominated by delivery to the county returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 16 set out in the schedule.
|
| 28. |
Supporters of nomination of candidate for Senate
| (1) |
The person delivering an application for nomination under regulation 27 shall at the same time deliver to the returning officer, standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of two thousand registered voters in the county.
|
| (2) |
The sheets of paper delivered under subregulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 16; and
|
| (c) |
be accompanied by copies of the identity cards of the voters referred to in subregulation (1).
|
|
|
| 29. |
Nomination fees for candidate for Senate
An application for nomination for candidature at a Senate election shall be accompanied by a non-refundable nomination fee, in banker's draft, of—
| (a) |
twenty five thousand shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
fifty thousand shillings for any other candidate.
|
|
PART VII – NOMINATION OF COUNTY GOVERNOR CANDIDATES
| 30. |
Nomination for political party candidate for county governor
A political party candidate for election as county governor shall be nominated by the political party by delivery, to the county returning officer, on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 17 set out in the Schedule.
|
| 31. |
Nomination of independent candidates for county governor
An independent candidate at a county governor election shall deliver to the returning officer on the day fixed for the nomination of candidates at that election, an application for nomination in Form 17 set out in the Schedule.
|
| 32. |
Supporters of nomination of county governor candidate
| (1) |
The person delivering an application for nomination under regulation 31 shall at the same time deliver to the returning officer standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of five hundred voters registered in the county.
|
| (2) |
The sheets of paper delivered under subregulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 17; and
|
| (c) |
be accompanied by copies of the National identification cards of the voters referred to in subregulation (1).
|
|
|
| 33. |
Nomination fees for county governor candidates
An application for nomination for candidature at a county governor election shall be accompanied by a non-refundable nomination fee, in banker's draft, of—
| (a) |
twenty five thousand shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
fifty thousand shillings for any other candidate
|
|
PART VIII – NOMINATION OF CANDIDATES FOR COUNTY ASSEMBLY MEMBER
| 34. |
Nomination of political party candidate for county assembly member by political parties
A political party candidate at a county assembly election shall be nominated by a political party by delivery to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 18 set out in the schedule.
|
| 35. |
Nomination of independent candidate for county assembly
An independent candidate at a county assembly member election shall deliver to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 18 set out in the Schedule.
|
| 36. |
Supporters of nomination of candidate for county assembly
| (1) |
The person delivering a nomination application under regulation 35 shall at the same time deliver to the returning officer, standard A4 sheets of paper bearing the names, respective signatures and identity card numbers of five hundred voters registered in the ward.
|
| (2) |
The sheets of paper delivered under subregulation (1) shall—
| (b) |
each have at the top, in typescript, the wording at the top of Form 18; and
|
| (c) |
be accompanied by copies of the identity cards of the voters referred to in subregulation (1).
|
|
|
| 37. |
Nomination fees for candidate for member of county assembly
An application for nomination for candidature at a county assembly member election shall be accompanied by a non-refundable nomination fee, in banker's draft of—
| (a) |
two thousand five hundred shillings for a candidate who is a youth, woman or person with disability; and
|
| (b) |
five thousand shillings for any other candidate.
|
|
PART IX – GENERAL PROVISIONS ON NOMINATION OF CANDIDATES AND REFERENDUM
| 38. |
General requirements: political party candidates
A nomination paper submitted by a political party candidate to the Commission shall—
| (a) |
contain the candidate's name as it appears in the register of voters;
|
| (b) |
be signed by the candidate and by a proposer and seconder who shall be voters registered in the respective electoral areas, and who shall be members of the political party, and by an authorised official of the political party; and
|
| (c) |
be delivered to the returning officer personally by the candidate or by a person authorised by the candidate in that behalf on the day set for the nomination.
|
|
| 39. |
General requirements: independent candidates
A nomination paper submitted by an independent candidate to the Commission shall—
| (a) |
contain the candidate's name as it appears in the voter register;
|
| (b) |
show the voter registration number of each of the subscribers thereto;
|
| (c) |
be signed by the candidate, and by a proposer and seconder who shall be voters registered in the respective electoral areas but who shall not be members of any political party;
|
| (d) |
show the respective electoral area and voters number of the proposer and the seconder; and
|
| (e) |
be delivered to the returning officer personally by the candidate himself or herself or by a person authorized in that behalf by the candidate on the day set for the nomination of that election.
|
|
| 40. |
Independent candidates to supply physical address
Every independent candidate for elections shall provide a physical address located in the respective electoral area for purposes of physical service of documents.
|
| 41. |
Statutory declaration for purposes of nomination
A person nominated to contest in a parliamentary or county election shall submit to the returning officer together with the application for nomination a statutory declaration in Form 19 set out in the Schedule.
|
| 42. |
Supply of nomination forms
A returning officer shall supply free of charge to any voter of his or her electoral area an application for nomination upon a request made by the voter or on behalf of the voter at such place and time as is specified in a notification under regulation 11.
|
| 43. |
Validity of nomination papers
| (1) |
Where a candidate has applied for nomination in accordance with these Regulations, unless the returning officer holds a nomination paper invalid in accordance with these Regulations, or the candidate withdraws his or her candidature, or proof is given to the satisfaction of the returning officer of the candidates' death, the candidate named therein shall stand validly nominated.
|
| (2) |
A returning officer shall hold a nomination paper invalid on any of the following grounds—
| (a) |
that the particulars of the candidate or supporters contained in the nomination paper are not as required by the Act or these Regulations in respect of that elective post;
|
| (b) |
that the nomination paper is not subscribed as required by these Regulations in respect of that elective post;
|
| (c) |
that the candidate is not qualified to be, or is disqualified by law from being nominated or elected to the elective post for which nomination is sought;
|
| (d) |
that so many of the supporters as would reduce the number of qualified supporters to less than the required number of supporters are not qualified to be supporters;
|
| (e) |
that the candidate was not nominated by a political party under section 13 of the Act;
|
| (f) |
that the candidate's name is not on the list submitted by the political party under section 35 of the Act;
|
| (g) |
that the nomination paper was presented after the prescribed period had lapsed;
|
| (h) |
that the nomination paper was not accompanied by the prescribed fee;
|
| (i) |
that the person stands nominated as a candidate in another electoral area; or
|
| (j) |
that the candidate is disqualified under any other written law.
|
|
| (3) |
A returning officer shall give his or her decision on an objection to a nomination paper as soon as practicable after the objection is made.
|
| (4) |
Where a returning officer decides that a nomination paper is invalid, the returning officer shall record that decision and the reasons therefor on the nomination paper, add his or her signature thereto and return the invalid nomination paper to the candidate or its presenter.
|
| (5) |
Notwithstanding that a returning officer has held nomination papers invalid, the returning officer may admit the nomination papers once the reason rendering the nomination papers invalid has been addressed.
|
|
| 44. |
Withdrawal of candidature before nomination
A candidate whose nomination papers have been delivered to the returning officer may, before the close of nominations, by notice in writing signed by him or her before the returning officer and presented to the returning officer, withdraw his or her candidature.
|
| 45. |
Multiple subscribers, etc.
| (1) |
No person shall be a subscriber to more than one nomination paper in respect of different candidates in the same election and if any person subscribes to more than one nomination paper such subscription shall be inoperative on nomination papers:
Provided that this subregulation shall not apply to the subscription of a person by reason only of his or her having subscribed a nomination paper of a candidate who has died or who has withdrawn his or her candidature before a second nomination paper subscribed by that person has been delivered to the returning officer.
|
| (2) |
For purposes of verifying the names of the members of the political party on the party membership list provided by a political party for purposes of these Regulations, such names shall be confirmed against the party membership list submitted to, and kept by, the Registrar of Political Parties and the party membership list submitted to the Commission pursuant to section 28 of the Act.
|
|
| 46. |
Ethical requirements
A candidate shall obtain and submit a self-declaration form as prescribed under the Leadership and Integrity Act (Cap. 185C).
[L.N. 72/2017, r. 17.]
|
| 47. |
Ascertainment of educational qualifications
| (1) |
For purposes of ascertaining the educational qualification of persons for an elective post, a person seeking nomination shall submit to the Commission certified copies of certificates of the educational qualification.
|
| (2) |
Where the body that issued the certificate is not based in Kenya, a candidate shall be required to seek authentication of that body with the Kenya National Examinations Council, in the case of form four certificates, or the Commission for University Education, in the case of university degrees.
[L.N. 72/2017, r. 18.]
|
|
| 48. |
Attendance at delivery of nomination papers
| (1) |
No person shall be entitled to attend the proceedings taking place during the time fixed for the delivery of nomination papers unless that person is—
| (b) |
a person nominated as deputy to the candidate, where applicable;
|
| (d) |
present for the purpose of assisting the returning officer at the request of the returning officer.
|
|
| (2) |
Only two persons shall be entitled to attend the proceedings under subregulation (1) at any one time, in respect of any one candidate, whether one of the two persons is the candidate himself or herself or not.
|
| (3) |
A person entitled to attend proceedings under this regulation shall also be entitled to inspect and to object to the validity of any nomination paper delivered in his or her presence.
|
| (4) |
Nothing contained in this regulation shall prevent the returning officer from authorizing observers or members of the press duly approved or accredited by the Commission from attending the nomination proceedings.
|
|
| 49. |
Death of candidate
Where after the close of the nomination, and before the poll is commenced, proof is given to the satisfaction of the returning officer of the death of a person who has been duly nominated, all the proceedings with reference to the election in that electoral area shall cease and shall be commenced afresh as if the notice had been received on the day on which proof of the death was given, or in the case of a general election or an election involving other electoral areas, the day following the announcement of the last election results:
Provided that no fresh nomination shall be necessary in the case of a person already duly nominated for the election affected by this regulation whose nomination shall remain valid.
|
| 50. |
Disruption of nomination
| (1) |
Where the proceedings of a nomination in an electoral area are interrupted by riots, violence, floods or other natural disaster, the proceedings in that electoral area shall be suspended for that day.
|
| (2) |
If the day referred to in subregulation (1) is the last day for the delivery of nomination papers, the nomination proceedings in that electoral area shall be continued on the next day as if that were the last day for the delivery thereof.
|
| (3) |
The "last day" referred to in subregulation (1) shall be treated for purposes of these Regulations as being the last day (subject to any further application of this rule in the event of interruption on that day).
Provided the returning officer shall advertise the postponing of the nominations in such manner as the returning officer considers sufficient to bring it to the notice of the public.
|
| (4) |
A returning officer may extend the hours of nomination at the electoral area where nomination has been interrupted and shall, where nomination started late, extend the hours of nomination by the amount of time which was lost in so starting late.
|
|
| 51. |
Nomination certification, etc.
| (1) |
The chairperson of the Commission shall issue a candidate who is validly nominated to contest in a presidential election with a certificate in Form 20 set out in the Schedule.
|
| (2) |
The returning officer shall issue a candidate who is validly nominated to contest in a parliamentary, county governor or county assembly with a certificate in Form 21 set out in the Schedule.
|
| (3) |
If, after the closure of nomination no person stands validly nominated, the returning officer shall certify accordingly to the Commission in Form 22 set out in the Schedule.
|
| (3A) |
Where after the closure of nomination no person stands validly nominated under subregulation (3), the Commission shall publish a notice in the Gazette cancelling the holding of the election concerned.
|
| (4) |
If, after the close of nominations, only one candidate is validly nominated, the returning officer shall—
| (a) |
declare the candidate to be nominated; and
|
| (b) |
certify accordingly to the Commission in Form 23 set out in the Schedule.
|
|
| (5) |
Upon receipt of a certificate under subregulation (1) or (2), the Commission shall publish a notice in the Gazette and, where two or more certificates are received at substantially the same time, such notice may be a composite one.
|
| (6) |
If, after the close of nominations, two or more candidates stand validly nominated, the returning officer shall publish a statement and post it prominently at a place at the returning officer’s office where the public has full access and at such other places as the Commission may deem necessary in Form 24 set out in the Schedule stating—
| (a) |
the names, in alphabetical order of surnames, addresses and occupations or descriptions of such candidates a given in their nomination papers;
|
| (b) |
the name of the subscribers to the nomination papers;
|
| (c) |
the day or days upon which, and the hours during which, the poll will be taken;
|
| (d) |
the situation of each polling station and the description of the voters entitled to vote at each polling station; and
|
| (e) |
the location of each tallying centre.
|
|
|
| 52. |
Withdrawal of candidature after nomination
| (1) |
A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
|
| (2) |
Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.
[L.N. 72/2017, r. 20.]
|
|
| 53. |
Declaration of no contest: Other elective posts
If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect.
[L.N. 72/2017, r. 21.]
|
| 53A. |
Swearing in of an elected candidate
Where a candidate has been duly elected the speaker of the relevant assembly shall swear in the candidate within seven days of the date of the election.
[L.N. 72/2017, r. 22.]
|
PART X – NOMINATIONS FOR PARTY LISTS
| 54. |
Submission of political party list for allocation of special seats
| (1) |
Each political party shall submit to the Commission a party list of all persons who would stand elected if the party were entitled to seats in the National Assembly, Senate or the County Assembly, as the case may be on the basis of proportional representation in accordance with Article 90 of the Constitution and sections 34, 35, 36 and 37 of the Act.
|
| (2) |
The party list referred to in subregulation (1) shall contain the name, address, age, sex, disability and category of disability, phone number, occupation, identity card number or passport number and colored passport size photograph image, elective post sought and such other qualifications as are provided under the Constitution and the Act in the prescribed Form 24B.
|
| (3) |
A party list submitted under subregulation (1) shall be in accordance with section 36 of the Act, and shall be—
| (a) |
signed by the authorised official of the political party submitting the party list; and
|
| (b) |
be submitted in hard copy, in electronic form and such other form that the Commission may specify.
|
|
| (4) |
Each political party list nominee shall after nomination, submit to the Commission a letter stating his or her intention to serve if nominated.
|
| (4A) |
Each political party list nominee representing persons with disabilities shall submit, to the Commission, a certification from the National Council for Persons with Disabilities.
|
| (5) |
The Commission may reject a nominee submitted by a political party for any elective post if that nominee is not qualified to be elected to the office for which the nomination is sought as specified under the Constitution or the Act.
|
| (6) |
The rejection by the Commission of a nominee under this regulation shall not invalidate the entire party list submitted by the political party.
|
| (7) |
The Commission, after making the decision to reject a nominee, inform the political party concerned of that decision and request that political party to submit another name within such time as the Commission shall determine.
|
| (8) |
The Commission shall publish the final party list in at least two newspapers with nationwide circulation.
[L.N. 72/2017, r. 23.]
|
|
| 55. |
Party list to be prepared in accordance with party rules
| (1) |
The party list contemplated under regulation 54 shall be prepared in accordance with the nomination rules of the political party.
|
| (2) |
The Commission shall within fourteen days of receipt reject any party list that does not comply with the requirements of the Constitution, the Act or these Regulations.
|
| (3) |
The political party whose party list or nominee has been rejected by the Commission under subregulation (2) shall resubmit the party list or nominee within seven days from the date that the party list was rejected under subregulation (2).
|
| (3A) |
Where a political party fails to amend the party list or resubmit the list as directed by the Commission, the Commission shall reject the party list.
|
| (4) |
A political party submitting a party list under regulation 54 shall submit a declaration to the effect that the political party has complied with its rules relating to the nomination of the names contained in the list.
[L.N. 72/2017, r. 24.]
|
|
| 56. |
Commission to publish formula for allocation of seats
| (1) |
The Commission shall before the election to which a party list applies, publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, the formula for allocating the seats to the respective political parties.
|
| (2) |
The formula for allocation of seats to the respective political parties from the party lists shall be the number of seats won by a political party divided by the total number of seats multiplied by available seats for allocation in the respective House.
|
|
| 56A. |
Re-allocation of special seats from the Party list
Where a political party expels a member elected through a party list during the term of Parliament or County Assembly as the case may be, the party shall be required to submit—
| (a) |
a resolution or decision of the party;
|
| (b) |
a notification by the Registrar of Political Parties effecting the expulsion;
|
| (c) |
a declaration of vacancy from the relevant Speaker; and
|
| (d) |
a court order sanctioning the expulsion where applicable,
|
to the Commission for re-allocation.
[L.N. 72/2017, r. 25.]
|
| 56B. |
Resignation of a member elected through party list
Where a member elected through a party list resigns during the term of Parliament or County Assembly as the case may be, the party shall be required to submit—
| (a) |
the resignation letter of the member; and
|
| (b) |
a declaration of vacancy from the relevant Speaker,
|
to the Commission for re-allocation.
[L.N. 72/2017, r. 25.]
|
PART XI – PROVISIONS RELATING TO THE CAMPAIGN PERIOD
| 57. |
Appointment of national and county chief elections agents
| (1) |
Every political party shall at least fourteen days to the date of the election submit to the Commission the names of one national chief agent and forty seven county chief agents.
|
| (2) |
Every independent candidate at a presidential election shall fourteen days to the date of the election submit to the Commission the names of one national chief agent and forty-seven county chief agents.
|
|
| 58. |
Deleted
Deleted by L.N. 72/2017, r. 26.
|
PART XII – PROVISIONS ON VOTING AT ELECTIONS
| 59. |
Election procedure
| (1) |
Every election shall be by secret ballot and shall be held in accordance with the provisions of the Constitution, the Act and these Regulations.
|
| (2) |
A voter shall cast his or her vote by use of a ballot paper or electronically.
|
| (3) |
No person shall cast more than one vote at any particular election.
|
| (4) |
No person shall vote in a polling station other than that in respect of which that person is registered to vote.
|
|
| 60. |
Electronic voting
Where the Commission intends to conduct an election by electronic means, it shall, not later than three months before such election, publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, guidelines that shall apply in such voting.
|
| 61. |
Election material at polling station
| (1) |
The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers necessary for the effective carrying out of the provisions of these Regulations relating to the election concerned.
|
| (2) |
Every ballot box shall be—
| (a) |
fairly transparent or translucent;
|
| (b) |
be colour coded prominently and distinctively to identify the respective elective post and shall correspond with the colour of the ballot paper for that elective post;
|
| (c) |
constructed with an aperture which is large enough to receive a ballot paper;
|
| (d) |
clearly labelled with the text of the respective elective post;
|
| (e) |
constructed so as to be capable of being sealed so that ballot papers cannot be taken out of the box so long as the seal is unbroken;
|
| (f) |
constructed so that the ballot boxes shall bear serial numbers of the polling station and which serial numbers shall be posted prominently and in full view of voters at every polling station.
|
|
| (3) |
The ballot box shall be designed in such way as to facilitate voting during the election.
|
| (4) |
The returning officer shall provide each polling station with—
| (a) |
both electronic and hard copy of the Register of Voters or such part thereof as contains the biometric data and alpha numerical details of the voters entitled to vote at that polling station;
|
| (b) |
materials to enable voters to mark their ballot papers in elections where marking is necessary;
|
| (c) |
instruments for stamping the official mark on ballot papers;
|
| (d) |
material for the marking of the voters fingers;
|
| (e) |
a seal of the Commission suitable for the purposes of regulation 69(1)(g);
|
| (f) |
sufficient number of compartments in which voters can mark their votes secretly;
|
| (fa) |
sufficient number of compartments in which voters can mark their votes secretly with special consideration for persons with disabilities; and
|
| (g) |
such other materials for the better carrying out of polling.
|
|
|
| 62. |
Admission to polling station
| (1) |
The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and may exclude all other persons except—
| (b) |
a person nominated as a deputy to the candidate, where applicable;
|
| (d) |
members of the Commission and election officers on duty;
|
| (f) |
persons necessarily assisting or supporting voters with special needs or assisted voter; and
|
| (g) |
observers and representatives of the print and electronic media accredited by the Commission.
|
|
| (2) |
Notwithstanding subregulation (1), the presiding officer shall admit to the polling station not more than one agent for each candidate or political party.
|
| (3) |
The absence of agents shall not invalidate the proceedings at a polling station.
|
| (4) |
Every agent appointed by an independent candidate or political party for the purposes of these Regulations shall at all times during the performance of the duties authorized by the independent candidate or political party display the official badge supplied by the Commission.
|
| (5) |
No person shall be admitted to vote at any polling station other than that allotted to that person under regulation 59 (4).
|
| (6) |
No person shall be admitted into a polling station if that person is wearing a badge or has any dressing, signifying symbols or other indication of support for any political party, a candidate in the election or a referendum committee.
|
|
| 63. |
Keeping order at polling station
| (1) |
It shall be the duty of the presiding officer to keep order at his or her polling station.
|
| (2) |
The presiding officer may order the removal of any person who misconducts himself or herself at the polling station, or fails to obey any lawful instructions or orders of the presiding officer and such person shall be removed by the police officer present.
|
| (3) |
A person removed from the polling station under subregulation (2) shall not re-enter the polling station during the continuance of the poll without the permission of the presiding officer.
|
| (4) |
A person removed from a polling station under subregulation (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody for an offence by a police officer without a warrant.
|
| (5) |
The presiding officer may order the dispersal of any gathering of persons which appears to the presiding officer to be preventing free entry to, or exit from, the polling station or to be intimidating or interfering with voters, and any such order shall be sufficient authority for a police officer, or any other person authorized by the order, to effect the dispersal.
|
| (6) |
The power conferred on a presiding officer and a police officer under subregulation (5) shall not be limited to the area covered by the polling station only but shall extend to a radius of not more than four hundred meters from the centre of the polling station.
|
| (7) |
The powers conferred by this regulation shall not be exercised so as to prevent any voter who is entitled to vote at the polling station from having an opportunity to peaceably vote at that polling station.
|
|
| 64. |
Adjournment, etc, of polling by the presiding officer
| (1) |
Notwithstanding the terms of any notice issued under the Act or these Regulations, a presiding officer may, after consultation with the returning officer, adjourn the proceedings at his or her polling station where they are interrupted by a riot, violence, natural disaster or other occurrence, shortage of equipment or other materials or other administrative difficulty, but where the presiding officer does so, the presiding officer shall re-start the proceedings at the earliest practicable moment.
|
| (2) |
The discretionary powers of a presiding officer under subregulation (1) shall include a power in the circumstances therein mentioned to transfer the proceedings to another polling station or public facility in the same constituency, and where presiding officer does so—
| (a) |
the presiding officer shall advertise the fact in such manner as is sufficient to bring it to the notice of voters; and
|
| (b) |
the electoral area for the polling station from which the proceedings are transferred shall, for all the purposes of these Regulations, be deemed to be part of the electoral area of the polling station to which the proceedings are transferred.
|
|
| (3) |
A presiding officer shall, in consultation with the returning officer—
| (a) |
extend the hours of polling at the polling station where polling has been interrupted under this regulation or for other valid cause; and
|
| (b) |
where polling in that polling station has started late, extend the hours of polling by the amount of time which was lost in so starting late.
|
|
| (4) |
Where hours of polling have been extended as contemplated under subregulation (3), the presiding officer shall give a detailed report on the clear facts justifying such extension of hours.
|
|
| 64A. |
Postponement of an election by the Commission
| (1) |
The Commission may, where a date has been appointed for holding an election, postpone the election in a constituency, county or ward for such period as it may consider necessary where—
| (a) |
there is a reason to believe that a serious breach of peace is likely to occur if the election is held on that date; and
|
| (b) |
it is impossible to conduct the elections as a result of a natural disaster or other emergencies.
|
|
| (2) |
Where an election is postponed under subregulation (1), the election shall be held at the earliest practicable time.
|
| (3) |
Notwithstanding the provisions of this regulation, the Commission may declare the results if satisfied that the result of the elections will not be affected by the votes yet to be received and tallied from the affected polling stations.
[L.N. 72/2017, r. 28.]
|
|
| 65. |
Communication at polling station
| (1) |
No person other than an election officer or police officer on duty shall, except with the authority of the presiding officer, have any communication whatsoever with a voter who is in, or in the immediate precincts of, a polling station for the purpose of voting.
|
| (2) |
This regulation shall not prevent the companion of an assisted or supported voter from communicating with that voter.
|
| (3) |
Every election officer, candidate or agent attending at a polling station shall not communicate, unless for a purpose authorized by law, any information as to the name or number on the Register of Voters of any voter who has or has not applied for a ballot paper or voted at that station.
|
| (4) |
A presiding officer may, upon request, divulge to a candidate or agent of a candidate the total number of voters who have voted at the station at any time before the poll is closed.
[L.N. 72/2017, r. 29.]
|
|
| 66. |
Polling time
| (1) |
Subject to regulation 64, voting shall commence at 6 o'clock in the morning and end at 5 o'clock in the afternoon on the polling day.
|
| (2) |
Notwithstanding subregulation (1), a person who is on a queue for the purposes of voting before 5 o'clock in the afternoon shall be allowed to vote despite the fact that the voting time may extend to after 5 o'clock.
|
| (3) |
The voting by Kenyan citizens residing outside Kenya shall be carried out during the Kenyan time specified in subregulation (1).
|
|
| 67. |
Sealing of ballot boxes, etc
| (1) |
The presiding officer shall, immediately before the commencement of the poll-
| (a) |
show the ballot box or ballot boxes to those persons lawfully present in the polling station;
|
| (b) |
allow those of the candidates, agents and any voter as may wish, to do so, to ascertain that the box or boxes are empty; and
|
| (c) |
close the box or boxes with seals so that they may not be opened without breaking the seal.
|
|
| (2) |
After a ballot box is sealed under subregulation (1) the presiding officer shall cause it to be so placed in the polling station that it can at all times be in the view of himself or herself or a deputy presiding officer and of the candidates or the agents.
|
| (3) |
On the adjournment of the poll in a polling station to another day, or on the close of the poll at one station with a view to transferring a ballot box to another station, and at any other time when a ballot box is not in use for the purpose of receiving ballot papers, the presiding officer shall close up the aperture used for the insertion of the ballot papers into the box and place his or her seal on it in such a manner as to prevent the insertion of ballot papers without breaking the seal.
|
| (4) |
After a box has been sealed under subregulation (3), the seal shall not be broken or the aperture opened except in the presence of the candidates or agents present in the polling station where polling is about to re-commence.
|
| (5) |
Where a presiding officer affixes his or her seal on a ballot box or aperture thereof under this regulation, the presiding officer shall permit any candidate or agent who so wishes to affix his or her seal on the box or aperture.
|
|
| 68. |
Ballot papers
| (1) |
Ballot papers for an election—
| (a) |
for use at a presidential election shall be in Form 25 set out in the Schedule;
|
| (b) |
for use at a National Assembly election shall be in Form 26 set out in the Schedule;
|
| (c) |
for use at a county woman representative to the National Assembly election shall be in Form 27 set out in the Schedule;
|
| (d) |
for use at a Senate election shall be in Form 28 set out in the Schedule;
|
| (e) |
for use at an election for governor shall be in Form 29 set out in the Schedule;
|
| (f) |
for use at a county assembly member election shall be in Form 30 set out in the Schedule;
|
| (g) |
for use in referendum shall be in Form 31 set out in the Schedule.
|
|
| (2) |
Where an election is in respect of more than one elective post, each ballot paper shall be printed on paper of a different colour which is prominent and distinctive from those for use in the other elective posts.
|
| (3) |
The persons validly nominated under these Regulations shall have their names included in the ballot papers for an election in the same order as they appeared in a notice published in accordance with regulation 51(5).
|
| (4) |
Every ballot paper for use at an election shall—
| (a) |
contain the name and symbol of the candidate validly nominated;
|
| (b) |
contain a photograph of the candidate where applicable;
|
| (c) |
be capable of being folded up;
|
| (d) |
have a serial number, or combination of letter and number, printed on the front; and
|
| (e) |
have attached a counterfoil with the same number or combination printed thereon.
|
|
| (5) |
The presiding officer shall before polling commences, allow the candidates or agents who are present at the polling station to inspect the ballot papers provided for use at the polling station and to note the serial numbers thereon.
[L.N. 72/2017, r. 30.]
|
|
| 69. |
Voting procedure
| (1) |
Before issuing a ballot paper to a voter, an election official shall—
| (a) |
require the voter to produce an identification document which shall be the same document used at the time of registration as a voter;
|
| (b) |
ascertain that the voter has not voted in that election;
|
| (c) |
call out the number and name of the voter as stated in the polling station register;
|
| (d) |
require the voter to place his or her fingers on the fingerprint scanner and cross out the name of the voter from the printed copy register once the image has been retrieved; and
|
| (e) |
in case the electronic voter identification device fails to identify a voter the presiding officer shall—
| (i) |
invite the agents and candidates in the station to witness that the voter cannot be identified using the device; |
| (ii) |
complete verification Form 32A in the presence of agents and candidates; |
| (iii) |
identify the voter using the printed Register of voters; and |
| (iv) |
once identified proceed to issue the voter with the ballot paper to vote; |
|
| (f) |
deleted by L.N. 72/2017, r. 31(c);
|
| (g) |
deleted by L.N. 72/2017, r. 31(c).
|
|
| (2) |
A voter shall, in a multiple election, be issued with the ballot papers for all elections therein at the same time and shall after receiving the ballot papers—
| (a) |
cast his or her votes in accordance with regulation 70 without undue delay;
|
| (b) |
submit to having one finger as prescribed by the Commission immersed, dipped or marked in ink of a distinctive colour which, so far as is possible, is sufficiently indelible to leave a mark for the period of the election;
|
| (c) |
where a voter has no finger, make a mark on the next most suitable part of the body; and
|
| (d) |
upon collecting his or her identification documents, immediately leave the polling station.
|
|
| (3) |
A person who knowingly fails to place a ballot paper issued to him or her (not being a spoilt ballot paper) into a ballot box before leaving the place where the box is situated commits an offence under the Act.
|
| (4) |
An election officer who deliberately refuses to stamp any ballot paper commits an offence.
|
| (5) |
The presiding officer may, where a voter so requests, explain the voting procedure to such voter.
[L.N. 72/2017, r. 31.]
|
|
| 70. |
Method of voting
| (1) |
A voter shall, upon receiving a ballot paper under regulation 69(2)—
| (a) |
go immediately into one of the compartments of the polling station and secretly mark his or her ballot paper by putting a cross, a tick, thumbprint or any other mark in the box and column provided for that purpose against the name and the symbol of the candidate for whom that voter wishes to vote; and
|
| (b) |
fold it up so as to conceal his or her vote, and shall then put the ballot paper into the ballot box in the presence of the presiding officer and in full view of the candidates or agents.
|
|
| (2) |
The voter shall after following the procedure specified in subregulation (1) put each ballot paper into the ballot box provided for the election concerned.
|
| (3) |
No replacement of a ballot paper under this regulation may be done more than twice in respect of any particular voter.
|
|
| 71. |
Spoilt ballot papers
A voter who has inadvertently dealt with his or her ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and providing to the satisfaction of such officer the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivened and the spoilt ballot paper shall be immediately cancelled and the counterfoil thereof marked accordingly.
|
| 72. |
Assisted voters
| (1) |
On the application of a voter who is, by reason of a disability or being unable to read or write, and therefore unable to vote in the manner prescribed in these Regulations, the presiding officer shall permit the voter to be assisted or supported by a person of the voter's own free choice, and who shall not be a candidate or an agent.
|
| (2) |
Where the person who applies to be assisted is not accompanied by a person who is qualified to assist him or her, the presiding officer shall assist such voter, in the presence of the agents.
|
| (3) |
The presiding officer may make such necessary and respectful inquiry in order to establish that the voter and the person the voter has chosen to assist him or her satisfies the provisions of this regulation.
|
| (4) |
The person chosen by the voter is not required to be qualified to vote but is required to have attained the age of eighteen years.
|
| (5) |
The following shall apply with respect to a person who assists a voter under this regulation—
| (a) |
the person shall, before assisting or supporting the voter, make a declaration of secrecy before the presiding officer in Form 32 set out in the Schedule;
|
| (b) |
a person who breaches his or her declaration commits an offence under the Act;
|
| (c) |
the person shall assist or support only one voter at that election and have a mark as proof of assisting or supporting a voter.
|
|
| (6) |
Where a presiding officer grants the request of a voter under this regulation, the presiding officer shall record in the polling station register against the name of the voter the fact that the voter was assisted and the reason for the assistance.
|
| (7) |
No person other than a person acting under this regulation shall be present in a compartment of a polling station while a voter is in the compartment for the purpose of marking his or her ballot paper and any person who contravenes this subregulation commits an offence.
|
|
PART XIII – COUNTING OF VOTES AND DECLARATION OF RESULTS
| 73. |
Procedure on close of polling
| (1) |
At the end of voting, the presiding officer shall declare the polling station closed and shall proceed to seal the ballot boxes in the presence of the candidates or agents and observers at his or her polling station.
|
| (2) |
Immediately after the close of the polling at his or her polling station, the presiding officer shall make in the polling station diary a written statement of—
| (a) |
the number of ballot papers issued to him or her under regulation 61;
|
| (b) |
the number of ballot papers, other than spoilt ballot papers, issued to voters;
|
| (c) |
the number of spoilt ballot papers; and
|
| (d) |
the number of ballot papers remaining unused.
|
|
| (3) |
Immediately after the completion of the statement under subregulation (2), the presiding officer, in the presence of the candidates or agents shall seal in separate tamper proof envelopes—
| (a) |
the spoilt ballot papers, if any;
|
| (b) |
the marked copy register, where necessary;
|
| (c) |
the counterfoils of the used ballot papers; and
|
| (d) |
the statement specified in subregulations,
|
and shall seal each of the envelopes with his or her own seal and the seal of the Commission and shall allow any candidate or agent who may wish to do so, to affix his seal to the envelope and any statement recorded under these regulations.
|
| (4) |
After complying with the provisions of this regulation, the presiding officer shall, as soon as practicable, deliver the ballot boxes, and the tamper proof sealed envelopes to the returning officer who shall take charge thereof.
|
|
| 74. |
Attendance at counting of votes
| (1) |
No agent shall be deemed to be an agent for the purposes of counting unless, at least forty eight hours before the close of the poll in that election, the candidate or political party, as the case may be, has submitted to the presiding officer—
| (a) |
the name and address of the agent; and
|
| (b) |
a letter of the appointment of the agent.
|
|
| (2) |
A presiding officer shall not allow a person whose name, address and authorization has not been so submitted to attend at a counting of votes notwithstanding that the appointment of that person is otherwise in order.
|
| (3) |
A presiding officer shall not be obliged to admit more than one agent of any one political party, candidate or referendum committee, as the case may be, to the counting venue.
|
| (4) |
The presiding officer shall permit into the counting venue—
| (b) |
a person nominated as a deputy to the candidate, where applicable;
|
| (c) |
members of the Commission and election officers on duty;
|
| (d) |
agents appointed under subregulation (1);
|
| (f) |
observers and representatives of the media duly approved or accredited by the Commission.
|
|
| (5) |
If a vehicle or vessel is designated as a polling station and weather conditions exist, immediately after the presiding officer complies with the provisions of regulation 74, which may interfere with the counting of votes, the returning officer may allow the vehicle or vessel to be moved to another appropriate place for the counting of the votes.
|
|
| 75. |
Commencement and sequence of the count
| (1) |
The presiding officer shall, in the presence of the candidates or agents, proceed to arrange the counting venue, assign duties to the clerks and begin to count the votes for that polling station.
|
| (2) |
The presiding officer shall carry out the counting of votes for the respective elective posts in the following order--
| (b) |
member of the National Assembly;
|
| (c) |
member of the County Assembly;
|
| (e) |
county woman representative in the National Assembly; and
|
|
| (3) |
A presiding officer shall, so far as practicable, proceed continuously with the counting of votes.
|
| (4) |
A presiding officer shall not commence the counting or recount of votes unless the presiding officer is of the opinion that the count or recount, as the case may be, can conveniently be completed without a break.
|
| (5) |
Subject to subregulation (2), the counting of votes cast by Kenyan citizens residing outside Kenya shall be carried out after the close of polling time in Kenya and in accordance with the time of counting in Kenya.
|
| (6) |
At the end of voting and before counting of the ballots and in the presence of candidates and agents, the presiding officer shall enter in the polling station diary the number of persons identified during polling using the printed register of voters.
[L.N. 72/2017, r. 32.]
|
|
| 76. |
Counting of votes
| (1) |
The presiding officer shall, in the presence of the candidates or agents—
| (a) |
open each ballot box and empty its contents onto the counting table or any other facility provided for the purpose and, shall cause to be counted the votes received by each candidate; and
|
| (b) |
record the total number of votes cast in favour of each candidate.
|
|
| (2) |
Each ballot paper shall be counted as follows—
| (a) |
the presiding officer shall in respect of every ballot paper, announce the candidate in whose favor the vote was cast;
|
| (b) |
display to the candidates or agents the ballot paper sufficiently for them to ascertain the vote; and
|
| (c) |
put the ballot paper at the place on the counting table, or other facility provided for this purpose, set for the candidate in whose favor it was cast.
|
|
| (3) |
The presiding officer shall record the count of the vote in a tallying sheet in Form 33 set out in the Schedule.
|
| (4) |
A candidate or an agent shall have a right to—
| (a) |
dispute the inclusion in the count, of a ballot paper; or
|
| (b) |
object to the rejection of a ballot paper,
|
where upon the presiding officer may decide to uphold or reject the complaint and act as provided under regulation 80.
|
|
| 77. |
Rejection of ballot papers, etc.
| (1) |
At the counting of votes at an election, any ballot paper—
| (a) |
which does not bear the security features determined by the Commission;
|
| (b) |
on which votes are marked, or appears to be marked against the names of, more than one candidate;
|
| (c) |
on which anything is written or so marked as to be uncertain for whom the vote has been cast;
|
| (d) |
which bears a serial number different from the serial number of the respective polling station and which cannot be verified from the counterfoil of ballot papers used at that polling station; or
|
shall, subject to subregulation (2), be void and shall not be counted.
|
| (2) |
A ballot paper on which a vote is marked—
| (a) |
elsewhere than in the proper place;
|
| (b) |
by more than one mark; or
|
| (c) |
which bears marks or writing which may identify the voter,
|
shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified thereby.
|
|
| 78. |
Rejected ballot papers
| (1) |
Every rejected ballot paper shall be marked with the word “rejected” by the presiding officer, and, if an objection is made by a candidate or an agent to the rejection, the presiding officer shall add the words “rejection objected to” and shall be treated as rejected for the purpose of the declaration of election results at the polling station.
|
| (2) |
The presiding officer shall mark every ballot paper counted but whose validity has been disputed or questioned by a candidate or an agent with the word "disputed" but such ballot paper shall be treated as valid for the purpose of the declaration of election results at the polling station.
|
| (2A) |
The presiding officer shall make a decision on the validity of the disputed ballot paper under subregulation (2) and award it to a candidate and such decision shall be final.
|
| (3) |
After the counting of votes is concluded, the presiding officer shall draw up a statement in Form 41 set out in the Schedule showing the number of rejected ballot papers under such of the following heads of rejection as may be applicable—
| (a) |
want of security feature;
|
| (b) |
voting for more than one candidate;
|
| (c) |
writing or mark by which the voter might be identified; or
|
| (d) |
unmarked or void for uncertainty,
|
and any candidate, counting agent or observer shall, if he or she so desires, be allowed to copy that statement.
[L.N. 72/2017, r. 33.]
|
|
| 79. |
Candidates, etc. to sign declaration
| (1) |
The presiding officer, the candidates or agents shall sign the declaration in respect of the elections.
|
| (2) |
For purposes of subregulation (l), the declaration for-
| (a) |
Presidential election results shall be in Form 34A set out in the Schedule; and
|
| (b) |
National Assembly, County women representatives, Senator, Governor and county assembly elections shall be in Forms 35A, 36A, 37A, 38A, and 39A set out in the Schedule.
|
|
| (2A) |
The presiding officer shall—
| (a) |
immediately announce the results of the voting at the polling station before communicating the results to the returning officer;
|
| (b) |
request each of the candidates or agents present to append his or her signature;
|
| (c) |
provide each political party, candidate, or their agent with a copy of the declaration of the results; and
|
| (d) |
affix a copy of the declaration of the results at the public entrance to the polling station or at any place convenient and accessible to the public at the polling station.
|
|
| (3) |
Where any candidate or agent refuses or otherwise fails to sign the declaration form, the candidate or agents shall be required to record the reasons for the refusal or failure to sign.
|
| (4) |
Where a candidate or an agent refuses or fails to record the reasons for refusal or failure to sign the declaration form, the presiding officer shall record the fact of their refusal or failure to sign the declaration form.
|
| (5) |
Where any candidate or agent of a candidate is absent, the presiding officer shall record the fact of their absence.
|
| (6) |
The refusal or failure of a candidate or an agent to sign a declaration form under subregulation (4) or to record the reasons for their refusal to sign as required under this regulation shall not by itself invalidate the results announced under subregulation (2)(a).
|
| (7) |
The absence of a candidate or an agent at the signing of a declaration form or the announcement of results under subregulation (2) shall not by itself invalidate the results announced.
|
| (8) |
After complying with the provisions of this regulation, the presiding officer shall, as soon as practicable, deliver the ballot boxes, and the tamper proof envelopes to the returning officer who shall take charge thereof.
[L.N. 72/2017, r. 34.]
|
|
| 80. |
Recount
| (1) |
A candidate or agent, if present when the counting is completed, may require the presiding officer to have the votes rechecked and recounted or the presiding officer may on his or her own initiative, have the votes recounted:
Provided that the recount of votes shall not take place more than twice.
|
| (2) |
No steps shall be taken on the completion of a count or recount of votes until the candidates and agents present at the completion of the counting have been given a reasonable opportunity to exercise the right given by this regulation.
|
|
| 81. |
Sealing of ballot papers by presiding officer
| (1) |
Upon completion of a count, including a recount, the presiding officer shall seal in each respective ballot box—
| (b) |
rejected ballots sealed in a tamperproof envelope;
|
| (c) |
unused ballot papers sealed in a tamperproof envelope;
|
| (d) |
counterfoils of used ballot papers sealed in a tamperproof envelope;
|
| (e) |
copy of election results declaration forms; and
|
| (f) |
stray ballot papers in a tamperproof envelope.
|
|
| (2) |
The presiding officer shall deliver, to the returning officer—
| (b) |
the statements made under regulations 78 and 79;
|
| (c) |
copy of the Register of Voters; and
|
|
|
| 82. |
Provisional results to be transmitted electronically
| (1) |
The presiding officer shall, before ferrying the actual results of the election to the returning officer at the tallying venue, submit to the returning officer the results in electronic form, in such manner as the Commission may direct.
|
| (2) |
The results submitted under subregulation (1) shall be provisional and subject to confirmation after the procedure described in regulation 76.
[L.N. 72/2017, r. 36.]
|
|
| 83. |
Tallying and announcement of election results
| (1) |
Immediately after the results of the poll from all polling stations in a constituency have been received by the returning officer, the returning officer shall, in the presence of candidates or agents and observers, if present—
| (a) |
tally 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;
|
| (b) |
disregard the results of the count of a polling station where the total valid votes exceeds the number of registered voters in that polling station;
|
| (c) |
disregard the results of the count of a polling station where the total votes exceeds the total number of voters who turned out to vote in that polling station;
|
| (d) |
collate and publicly announce to the persons present 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;
|
| (e) |
complete the relevant Form 35B and 36B for the respective elective position set out in the Schedule in which the returning officer shall declare, as the case may be, the—
| (i) |
name of the respective electoral area; |
| (ii) |
total number of registered voters; |
| (iii) |
votes cast for each candidate or referendum side in each polling station; |
| (iv) |
number of rejected votes in each polling station; |
| (v) |
aggregate number of votes cast in the respective electoral area; and |
| (vi) |
aggregate number of rejected votes; |
|
| (f) |
sign and date the relevant forms and publicly declare the results for the position of—
| (i) |
member of County Assembly; |
| (ii) |
member of National Assembly; and |
|
| (g) |
issue certificates to persons elected in the county assembly and National Assembly elections in Forms 36C and 35C respectively set out in the Schedule;
|
| (h) |
deliver to the county returning officer the collated results for the election of the county Governor, Senator and county women representative to the National Assembly; and
|
| (i) |
deliver to the Chairperson of the Commission the collated results for the election of the president to the national tallying centre.
|
|
| (2) |
The Chairperson of the Commission shall tally and verify the results received at the national tallying centre.
[L.N. 72/2017, r. 37.]
|
|
| 84. |
Venue of final tallying
| (1) |
A final tallying of results for the respective elective posts shall be at a venue gazetted by the Commission for that purpose.
|
| (2) |
A tallying centre shall be selected subject to the following requirements—
| (a) |
the presidential elections tallying centre shall be located in Nairobi;
|
| (b) |
the county tallying centre shall be located at the county headquarters;
|
| (c) |
the constituency tallying centre shall be located at the constituency or district headquarters;
|
| (d) |
all tallying centres shall be located at public buildings.
|
|
|
| 85. |
Persons allowed into tallying centres
| (1) |
returning officer shall allow the following persons to be present at the tallying centre—
| (a) |
the presiding officers and other election officials on duty;
|
| (c) |
a person nominated as a deputy to the candidate, where applicable;
|
| (d) |
a member of the Commission;
|
| (f) |
a police officer on duty;
|
| (g) |
duly accredited election observers; and
|
| (h) |
duly accredited media persons.
|
|
| (2) |
Notwithstanding the provisions of this regulation, the returning officer shall not be obliged to admit more than one agent per candidate or political party to the tallying venue.
|
|
| 86. |
Safe keeping of election materials
| (1) |
After the final tallying and announcement of results, the returning officer shall keep in safe custody the following documents—
| (a) |
copies of all election result declaration forms;
|
| (b) |
copies of the register of voters sealed and labelled; and
|
| (c) |
the Electronic Voter Identification Device.
|
|
| (2) |
The returning officer shall—
| (a) |
put the polling station diaries in a separate ballot box, seal and label the box; and
|
| (b) |
keep the sealed ballot boxes and all material relating to the election is safe custody for such period as may be required under these Regulations and the Act.
|
|
|
| 87. |
Returns of persons elected
| (1) |
The constituency returning officer shall, as soon as practicable—
| (a) |
deliver to the county returning officer all Forms 37B, 38B and 39B from the respective Constituencies and the collated results; and
|
| (b) |
deliver to the National tallying centre all the Form 34B from the respective polling stations and the summary collation forms.
|
|
| (2) |
The county returning officer shall upon receipt the results from the constituency returning officers as contemplated under subregulation (1)—
| (a) |
tally and announce the results for the county governor, senator and county woman representative to the National Assembly;
|
| (b) |
complete Forms 37C, 38C and 39C set out in the Schedule in which the county returning officer shall declare, as the case may be, the—
| (i) |
name of the respective electoral area; |
| (ii) |
total number of registered voters; |
| (iii) |
votes cast for each candidate or referendum side in each polling station; |
| (iv) |
number of rejected votes for each constituency; |
| (v) |
aggregate number of votes cast in the respective electoral area; and |
| (vi) |
aggregate number of rejected votes; and |
|
| (c) |
sign and date the relevant forms publicly and declare the results for the position of—
| (iii) |
county woman representative to the National Assembly; and |
|
| (d) |
issue certificates to persons elected in the county Governor, Senator, county woman representative to the National Assembly in Forms 37D, 38D and 39D respectively set out in the Schedule.
|
|
| (3) |
Upon receipt of Form 34A from the constituency returning officers under subregulation (1), the Chairperson of the Commission shall—
| (a) |
verify the results against Forms 34A and 34B received from the constituency returning officer at the national tallying centre;
|
| (b) |
tally and complete Form 34C;
|
| (c) |
announce the results for each of the presidential candidates for each County;
|
| (d) |
sign and date the forms and make available a copy to any candidate or the national chief agent present;
|
| (e) |
publicly declare the results of the election of the president in accordance with Articles 138(4) and 138(10) of the Constitution;
|
| (f) |
issue a certificate to the person elected president in Form 34D set out in the Schedule; and
|
| (g) |
deliver a written notification of the results to the Chief Justice and the incumbent president within seven days of the declaration;
Provided that the Chairperson of the Commission may declare a candidate elected as the President before all the Constituencies have delivered their results if in the opinion of the Commission the results that have not been received will not make a difference with regards to the winner on the basis of Article 138(4)(a) (b) of the Constitution; and
|
| (h) |
in the case of the other elections, whether or not forming part of a multiple election, publish a notice in the Gazette, which may form part of a composite notice, showing the name or names of the Person or persons elected.
|
|
| (4) |
Where no candidate is elected in a presidential election a fresh election shall be held within thirty days after the previous election in accordance with Article 138 of the Constitution and the Commission shall for that purpose, issue a notice in the Gazette to that effect.
|
| (5) |
Where a County Governor, Parliamentary or County Assembly election results in a tie, the Commission shall proceed to conduct fresh elections without notifying the speaker within thirty days, in accordance with the Act and these Regulations.
|
| (6) |
The Commission shall certify to the clerk of each respective House of Parliament the candidates who have been elected in the parliamentary election.
|
| (7) |
The Commission shall, after delivery of a written notification of the results of the presidential election to the Chief Justice and the incumbent President as required by Article 138(10)(b) of the Constitution, issue and deliver a certificate in Form 34D set out in the Schedule to the candidate who has been elected President.
[L.N. 72/2017, r. 39.]
|
|
PART XIV – PRESIDENTIAL FRESH ELECTION
| 88. |
Notice of fresh election of president
| (1) |
Where pursuant to Article 138 (5) of the Constitution, no candidate is elected as president, the Commission shall at the time of publishing the results, publish a notice in the Gazette indicating that no candidate has been elected president.
|
| (2) |
The Commission shall within two days of the notice under subregulation (1); publish a notice for a fresh election for president in Form 40 set out in the Schedule.
[L.N. 72/2017, r. 40.]
|
|
| 89. |
Procedure at a fresh election
These Regulations shall, with the necessary modifications and adaptations, apply to a fresh election under this Part.
|
| 90. |
Special voting
| (1) |
The Commission may make provision for the voting, by election officials, observers, patients admitted in hospital, older members of the society, members of the defence and security forces on duty, prisoners and nomadic pastoralists and other persons who by reason of any special need, including disability, are unable to access a polling station.
|
| (2) |
The Commission may, from time, to time publish notices on the manner and procedure of the conduct of special voting and such notice shall be read as if part of these Regulations.
|
|
PART XV – REFERENDUM
| 91. |
[Deleted by L.N. 72/2017, r. 41.]
|
| 92. |
[Deleted by L.N. 72/2017, r. 41.]
|
PART XVI – MISCELLANEOUS PROVISIONS
| 93. |
Retention and inspection of documents
| (1) |
All documents relating to an election shall be retained in safe custody by the returning officer for a period of three years after the results of the elections have been declared and shall then, unless the Commission or the court otherwise directs, be disposed of in accordance with procedures prescribed by the Commission subject to the Public Archives and Documentation Service Act (Cap. 19).
|
| (2) |
Any person may apply to the High Court with notice to all candidates in the election concerned for authority to inspect documents retained under these Regulations, other than ballot papers and their counterfoils.
|
| (3) |
For the purpose of an inspection under subregulation (2), the returning officer shall unseal the documents concerned in the presence of candidates or agents and the returning officer and candidates or their agents shall keep the documents under their scrutiny until they are resealed by the returning officer after the inspection is completed.
|
| (4) |
The provisions of this Regulation shall not apply to documents that concern a pending election petition unless there is a court order granting such authority.
|
|
| 94. |
Accreditation of observers
| (1) |
Pursuant to section 42 of the Act, the Commission may, at any election, accredit any person or organisation to observe the elections.
|
| (2) |
The Commission shall issue guidelines for election observers, consistent with internationally accepted standards for fair elections, and which shall be binding on election observers upon accreditation by the Commission.
|
| (3) |
Without prejudice to the generality of subregulation (2), the guidelines issued there under may specify the procedures for the accreditation of election observers.
|
| (4) |
The Commission may revoke the accreditation it has granted to any election observer where it is satisfied that an election observer is partisan or has violated any requirement of the guidelines referred to in subregulation (2).
|
| (5) |
No person or organisation may observe any election unless the person or organisation has been accredited by the Commission.
|
| (6) |
All the accredited election observers shall submit to the commission a written report in accordance with the guidelines issued by the commission in subregulation (2).
|
|
| 95. |
Accreditation of the media
| (1) |
Pursuant to section 41 of the Act, the Commission may at any election, accredit the media to access and cover the electoral process.
|
| (2) |
The Commission may issue guidelines consistent with internationally accepted standards for fair elections which shall be binding on all media representatives upon accreditation by the Commission.
|
|
| 96. |
Collaborations
| (1) |
The Commission may collaborate with such public and private entities as may be suitable for purposes of ensuring effective conduct of elections and referendum.
|
| (2) |
The collaboration arrangements in subregulation (1) shall be governed by the terms of a partnership agreement between the Commission and the respective entity.
|
| (3) |
The agreement shall stipulate the terms and conditions on the engagement and shall conform to, and respect, the provisions of the Constitution, the Act and these Regulations
|
|
| 96A. |
Reference to L.N. 127 of 2012
Regulations 94, 95 and 96 shall be read together with the Elections (Voter Education) Regulations (sub. leg).
|
| 97. |
Non-attendance by candidates, etc not to invalidate proceedings
| (1) |
Where in these Regulations expression is used requiring, authorizing, or implying that, any act is to be done in the presence of the candidates or agents, that expression shall be regarded as reference to the presence of such candidates or agents as may he required or authorized to attend.
|
| (2) |
The mere non-attendance of any candidate or agents at the time and place as contemplated under subregulation (1) shall not, if any act is otherwise lawfully done, invalidate that act.
|
|
| 98. |
Power of Commission to issue directives
| (1) |
Subject to the Act and these Regulations, the Commission shall have power to, by notice in the Gazette, provide for measures the to ensure efficient and fair elections and referendum and may issue directives from time to time in that regard.
|
| (2) |
Where the Commission issues directives under subregulation (1), the Commission shall ensure that such directives are published in such manner as to reach the persons who may he affected or whose compliance or action may be required.
|
|
| 99. |
[Deleted by L.N. 72/2017, r. 43.]
|
| 100. |
Procedure at a referendum
These Regulations shall, with the necessary modification and adaptations, apply to a referendum held under the Act.
|
| 101. |
Revocation of L.N. 227/1992
The Presidential and Parliamentary Election Regulations (L.N. 227/1992) are revoked.
|
SCHEDULE
FORMS
|
FORM 1
|
(r. 5(6))
|
|
DECLARATION BY ELECTION OFFICIAL
|
|
I ........................................ of ID No./Passport No. ................................................................... being a Presiding Officer/Deputy Presiding Officer/Clerk/ Agent/Interpreter of .................................. Polling Station in ............. Constituency/County during the General elections/by elections to be held on ......... day of 20 .................. do hereby declare as follows:
|
|
|
(a) That I shall not prompt any voter whom I am empowered by the Elections Regulations to assist;
|
|
|
(b) That I shall strictly follow the provisions of the election regulations.
|
|
|
(c) That I shall strictly follow any instructions that may lawfully be given to me relating to these elections.
|
|
Signature ................................... Date .............................
|
|
FORM 2
|
(r. 11(1))
|
|
NOTICE OF PRESIDENTIAL ELECTION
|
|
An election of a President of the Republic of Kenya is to be held at the forthcoming general election/other than at a general election or a fresh election.
|
|
Nomination papers for the presidential election may be delivered by the candidate or his or her supporters to the Independent Electoral and Boundaries Commission, Nairobi, between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours of two o'clock and four o'clock in the afternoon on the ............................ day of......................., 20 .................. and on the .......................... day of ....................... 20 .......................
|
|
Dated the ............................, 20 ...................
|
|
If the presidential elections is contested, the poll will take place on the .................................. day(s) of ........................, 20 ....................
|
|
................................................................................
|
|
Chairperson,
|
|
Independent Electoral and Boundaries Commission
|
|
FORM 3
|
(r. 11(2))
|
|
NOTICE OF VACANCY
|
|
To: THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
|
|
FOR THE .................................... CONSTITUENCY/COUNTY*
|
|
WHEREAS a vacancy has arisen in the office of a member of the of the National Assembly/ Senate/County in respect of the above-mentioned constituency/county:
|
|
NOW, THEREFORE, in pursuance of the provisions of section 16(3) of the Elections Act, I command you that, due notice being first given, you do cause election to be held according to law of a member to serve in the National Assembly/Senate for the said constituency/county.
|
|
Dated the ..................... 20 ....................
|
|
...........................................................
|
|
Speaker of the National Assembly/Senate*
|
|
*delete as appropriate
|
|
FORM 4
|
(r. 11(3))
|
|
NOTICE OF VACANCY
|
|
To: THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
|
|
FOR THE ............................................... WARD
|
|
WHEREAS a vacancy has arisen in the office of a member of the .................. of the County Assembly in respect of the above-mentioned ward:
|
|
NOW, THEREFORE, in pursuance of the provisions of section 19(3) of the Elections Act, I command you that, due notice being first given, you do must election to be held according to law of a member to serve in the county assembly for the said ward.
|
|
Dated the ...................... 20 .....................
|
|
.................................................................
|
|
Speaker of the county assembly
|
|
FORM 5
|
(r. 11(4))
|
|
NOTICE OF PARLIAMENTARY ELECTION
|
|
An election is to be held of a member to serve in the National Assembly/Senate for the .......................................... Constituency/County.
|
|
The day for nomination for the parliamentary election will be the .................. day of.............. 20 ........ and nomination papers may be delivered by candidates to the Returning officer between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours two o'clock and four o'clock in the afternoon on the ...................... day of ............................ 20 .................. and on the ............. day of, 20 ................................
|
|
If the parliamentary election is contested the poll will take place on the ............... day of ............., 20 ...................
|
|
.................................................................
|
|
Chairperson,
Independent Electoral and Boundaries Commission
|
|
|
|
FORM 6
|
(r. 11(5))
|
|
NOTICE OF COUNTY GOVERNOR ELECTION
|
|
An election is to be held of a County Governor to serve in County Assembly for the ..................................... County.
|
|
The day for nomination for the County Governor Election will be the .................... day of .......... 20 .................... and nomination papers may be delivered by candidates to the returning officer at ................ between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours two o'clock and four o'clock in the afternoon on the .......................... day of 20 ............. and on the ............ day of ....................., 20 ..................
|
|
If the County Governor Election is contested the poll will take place on the ...................... day of ....................... 20 ..................
|
|
.................................................................................
|
|
Chairperson,
|
|
Independent Electoral and Boundaries Commission
|
|
FORM 7
|
(r. 11(6)
|
|
NOTICE OF COUNTY ASSEMBLY ELECTION
|
|
An election is to be held of a member to serve in County Assembly for the ........................................ Ward of ..................................... County
|
|
The day for nomination for the County Assembly Ward Election will be the ............ day of ........... 20 ............. and nomination papers may be delivered by candidates to the returning officer at ................ between the hours of eight o'clock in the morning and one o'clock in the afternoon and between the hours two o'clock and four o'clock in the afternoon on the ............................ day of ............. 20 and on the ............... day of ................................ 20......................
|
|
If the County Assembly Ward Election is contested the poll will take place on the ................. day of ............................ 20 ...................
|
|
Dated the ..................... day of ............... 20 .............
|
|
................................................................
|
|
Chairperson,
|
|
Independent Electoral and Boundaries Commission
|
|
FORM 8
|
(r. 12(2))
|
|
ELECTION OF PRESIDENT
|
|
There is to be an election of a President of the Republic of Kenya. Voting in this election will take place on the ...................... day of ..........................., 20 .......................
|
|
....................................................................
|
|
Returning Officer
|
|
........................................................................ Constituency
|
|
__________________________
|
|
FORM 9
|
(r. 12(4)(a))
|
|
ELECTION OF MEMBER OF PARLIAMENT
|
|
There is to be an election of a member to serve in the National Assembly /Senate* for the ................................................................ County/Constituency.
|
|
A parliamentary election will be held on the ....................... day of .............. 20 ..................
|
|
Each political party wishing to participate in the election must finalize their nomination of candidates before the ..................... day of .............. 20 .............
|
|
Nomination papers for the election may be delivered to the returning officer between the hours of eight o'clock in the morning and one o'clock on the ....................... day of .........., 20 .................... and forms of nomination papers therefore may be obtained at ............................................. between the hours of nine o'clock in the morning and one o'clock on any week day. The returning officer will prepare a nomination paper for signature at the request of any person who is a registered voter in his constituency.
|
|
Dated the ............... day of ................... 20 .............
|
|
..................................................................
|
|
Returning Officer
|
|
____________________________________
|
|
FORM 10
|
(r. 12(4)(b))
|
|
ELECTION OF COUNTY GOVERNOR
|
|
There is to be an election of a County Governor for the ......................................... County.
|
|
A County Governor election will be held on the ........................... day of ............, 20 ...............
|
|
Each political party wishing to participate in the election must finalize their nomination of candidates before the ............................, 20 ..................
|
|
Nomination papers for the election may be delivered to the returning officer at ................................. between the hours of eight o'clock in the morning and one o'clock on the .................. day of ............., 20 .............. and forms of nomination papers therefore may be obtained at .............................. between the hours of nine o'clock in the morning and one o'clock on any week day. The returning officer will prepare a nomination paper for signature at the request of any person who is a registered voter in his constituency.
|
|
Dated the ...................................................., 20 ...............................
|
|
.......................................................
|
|
Returning Officer
|
|
________________________________
|
|
FORM 11
|
(r. 12(4)(A))
|
|
ELECTION OF COUNTY ASSEMBLY
|
|
There is to be an election of a member to serve in the County Assembly for the ............................................. County.
|
|
A County Assembly election will be held on the ............... day of .............. 20 ...................
|
|
Each political party wishing to participate in the election must finalize their nomination of candidates before the ......................., 20 ............................
|
|
Nomination papers for the election may be delivered to the returning officer at ........................................ between the hours of eight o'clock in the morning and one o'clock on the ............. day of .............., 20 ................ and forms of nomination papers therefore may be obtained at ......................................... between the hours of nine o'clock in the morning and one o'clock on any week day. The returning officer will prepare a nomination paper for signature at the request of any person who is a registered voter in his constituency.
|
|
Dated the ................ day of ............... 20 ...............
|
|
..............................................................
|
|
Returning Officer
|
|
_______________________________
|
|
FORM 11A
|
(r. 13(A))
|
|
PARTY MEMBERSHIP LIST
|
|
Party Name: ...............................................
|
|
Party Code: ............................
|
|
County: ......................................
|
|
County Code: ..........................
|
|
Constituency: .......................................
|
|
Constituency Code: ....................
|
|
County Assembly Ward: ...............................
|
|
CAW Code: .................
|
|
No.
|
Surname
|
Other
names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11B
|
(r. 13(B))
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
PRESIDENTIAL CANDIDATES
|
|
Party Name: ...............................
|
|
Party Code: ................
|
|
Nominations Date: .....................................
|
|
Nominations Venue: ......................................
|
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11C
|
(r. 13(B))
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
SENATE CANDIDATES
|
|
Party Name: ......................................
|
|
Party Code: ....................
|
|
County: ...............................
|
|
County Code: ................
|
|
Nominations Date: ....................................
|
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11D
|
(r. 13(B))
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
WOMAN REPRESENTATIVE CANDIDATES
|
|
Party Name: ...............................................
|
|
Party Code: .............
|
|
County: ................................................
|
|
County Code: ............
|
|
Nominations Date: ...........................................
|
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11E
|
(r. 13(B))
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
MEMBER OF NATIONAL ASSEMBLY CANDIDATES
|
|
Party Name: ...............................................
|
|
Party Code: .............
|
|
County: ..................................................
|
|
County Code: ............
|
|
Constituency: ............................................
|
|
Constituency Code: ..........
|
|
Nominations Date: ...........................................
|
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11F
|
(r. 13(B))
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
COUNTY GOVERNOR CANDIDATES
|
|
Party Name: ...............................................
|
|
Party Code: ..............
|
|
County: ..................................................
|
|
County Code: .............
|
|
Nominations Date: ...........................................
|
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11G
|
(r. 13(B))
|
|
LIST OF ASPIRANTS IN PARTY PRIMARIES
|
|
COUNTY ASSEMBLY WARD CANDIDATES
|
|
Party Name: ...............................................
|
|
Party Code: ............
|
|
County: ..................................................
|
|
County Code: ..............
|
|
Constituency: ............................................
|
|
Constituency Code: .........
|
|
County Assembly Ward: ...............................
|
|
CAW Code: ...........
|
|
Nominations Date: ...........................................
|
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year ofBirth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11H
|
(r. 13(C))
|
|
LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
|
|
PRESIDENTIAL CANDIDATE
|
|
Party Name: ...............................................
|
|
Party Code: .................
|
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of Disability (if any)
|
|
|
|
|
|
|
|
|
|
FORM 11I
|
(r. 13(C))
|
|
LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
|
|
SENATE CANDIDATES
|
|
Party Name: ...............................................
|
|
Party Code: ............
|
|
County: ...............................................
|
|
County Code: ...........
|
|
County
Code
|
County
Name
|
No
|
Surname
|
Other
Names
|
ID/Passport
Number
|
Gender
|
Year of
Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
___________________________________
|
FORM 11J
|
(r. 13(C))
|
|
LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
|
|
WOMAN REPRESENTATIVE CANDIDATES
|
|
Party Name: ...............................................
|
|
Party Code: ...............
|
|
County: ...............................................
|
|
County Code: ...............
|
|
County Code
|
County Name
|
No
|
Surname
|
Other Names
|
ID/Passport Number
|
Gender
|
Year of Birth
|
Type of
Disability(if any)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM 11K
|
(r. 13(C))
|
|
LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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MEMBER OF NATIONAL ASSEMBLY CANDIDATES
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Party Name: ...............................................
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Party Code: .................
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County: ...............................................
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County Code: ...............
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Constituency: ...................................
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Constituency Code: ............
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County Code
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County Name
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Constituency
Code
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Constituency
Name
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No
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Surname
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Other Names
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ID/PP No.
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Gender
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Year of Birth
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Type of
Disability(if any)
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County
Code
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County
Name
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No
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Surname
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Other
Names
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ID/Passport
Number
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Gender
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Year of
Birth
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Type of
Disability(if any)
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FORM 11L
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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COUNTY GOVERNOR CANDIDATES
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Party Name: ...............................................
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Party Code: ...............
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County: ...............................................
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County Code: ..............
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County
Code
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County
Name
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No
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Surname
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Other
Names
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ID/Passport
Number
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Gender
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Year of
Birth
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Type of
Disability(if any)
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FORM 11M
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(r. 13(C))
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LIST OF NOMINATED CANDIDATES IN PARTY PRIMARIES
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COUNTY ASSEMBLY WARD CANDIDATES
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Party Name: ...............................................
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Party Code: ..............
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County: ...............................................
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County Code: ............
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Constituency: ...............................................
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Constituency Code: ...........
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County Assembly Ward: ....................................
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CAW Code: ..........
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County
Code
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County
Name
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Consti
tuency
Code
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Consti
tuency
Name
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CAW
Code
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CAW
Name
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No
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Surname
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Other
Names
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ID/PP No.
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Gender
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Year of
Birth
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Type of
Disability(if any)
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FORM 11N
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(r. 15(b))
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INTENTION TO CONTEST AS AN INDEPENDENT CANDIDATE
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I, ............. ID No/ Passport No ..................... do hereby make an application to contest as an Independent Candidate in the Election for................ President/Senate/Woman Representative/ Member of National Assembly/Governor/Member of County Assembly in ................... County/Constituency/County Assembly Ward to be held on the ............. day of ............. 20.........
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Contacts
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Physical address: .............................
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Tel: .......................
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Email: .......................
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Signature: .......................
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Dated: ....................... 20 .....
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FORM 11P
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(r. 10(3))
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SUBMISSION OF PARTICULARS AND SYMBOL BY AN INDEPENDENT CANDIDATE
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I, ............... ID No./Passport No........................ having made an application to contest as an Independent Candidate in the Election for ........... President/ Senate/ County Woman member to the National Assembly/ Member of National Assembly/ Governor/Member of county Assembly in ............... County/ Constituency/ County Assembly Ward to be held on the ....... day of ...... 20 ....... do hereby submit my symbol for approval by the Commission.
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Name of Symbol: ..........
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Signature: ................
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Dated............. 20...........
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(Attach print and electronic copy of the symbol)
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FORM 12
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(rr. 16(1), 17(1), 18(2)(b))
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NOMINATION PAPER FOR PRESIDENTIAL ELECTION
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(PARTY SPONSORED OR INDEPENDENT)
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Election of President of the Republic of Kenya to be held on the ................................... day of ....................., 20 ........................
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We, the undersigned being registered as voters, in the constituencies shown below do hereby nominate the under mentioned person as a candidate at the said election.
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Particulars of the candidate
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Particulars of Candidate
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Particulars of Running Mate
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Name in Full
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Occupation
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National Identity card or Passport No.
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Sex
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Date of Birth
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Physical address
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Postal address
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Political Party
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Party Register No./Clearance certificateNo. of independent candidate
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Telephone contacts
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1.2.
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1.2.
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And I, the aforesaid .................................................... do hereby consent to my nomination as a candidate for election as President of the Republic of Kenya and hereby certify that I am in all respects qualified for nomination as such candidate.
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Signature of Candidate: ..................
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Dated ..............................
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Proposer:
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Full Names: .........................
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National Identity Card or Passport No ................
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Constituency ............................
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Party Office held in Party (for Party Sponsored Candidate only) ............
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Signature of: ......................... Dated:..................
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Seconder:
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Full Names ......................
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National Identity Card or Passport No ...................
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Constituency ........................
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Party Office held in Party (for Party Sponsored Candidate only).................
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Signature of ................ Date: .................
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SUPPORTERS OF PRESIDENTIAL ELECTION CANDIDATE
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(PARTY SPONSORED OR INDEPENDENT)
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Election of the President of the Republic of Kenya will be held on the ..................................... day of ....................... 20 ......................
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We, the undersigned, being registered voters, do hereby support the nomination of ..................... as a candidate for election as President of the Republic of Kenya.
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No.
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Name
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I.D Card
No. / PP No.
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County
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Constituency
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Signature/Thumb print
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1.
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2.
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3.
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4.
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N/B a total of at least 2000 supporters from at least 24 counties must be submitted to the Commission.
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FORM 13
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(r. 18(3))
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STATUTORY DECLARATION FOR PURPOSES OF NOMINATION FOR ELECTION
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I .................................... of ID/Passport No. ....................................... do solemnly and sincerely declare as follows:
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1. I do hereby consent to my nomination as a candidate at the election to be held in the Republic of Kenya.
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2. I am duly qualified and am not disqualified by law for election.
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3. I am qualified under, and have complied with, the Constitution and rules relating to persons wishing to contest as a candidate for......................for elections
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And I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act, Cap 15 Laws of Kenya.
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Declared at ................... this ........... day ........ of .............., 20 ........
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Signature of Declarant .................................
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Before me
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...........................................................................
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Magistrate/Commissioner for Oaths
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*The declarant names must be written in the order in which he or she wishes them to appear on the nomination statement and the surname must be underlined.
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FORM 14
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(r. 21)
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CERTIFICATE THAT ONLY ONE PERSON NOMINATED FOR ELECTION AS PRESIDENT
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I, the chairperson of the Independent Electoral and Boundaries Commission do hereby certify that the only person who stands validly nominated for the presidential election is-
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Name
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Place of
Residence
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ID/Passport
No.
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Occupation/Description
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And that he or she has therefore been declared elected as President.
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Dated this ........................ 20 ........................
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.........................
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.......................................................................
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Chairperson
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Independent Electoral and Boundaries Commission
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FORM 15
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(r. 22,23,24 (2) (b))
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NOMINATION PAPER FOR MEMBER OF NATIONAL ASSEMBLY/COUNTY WOMAN
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(PARTY SPONSORED OR INDEPENDENT)
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Election of a Member of National Assembly of the ............. Constituency to be held on the .......... day of ......... for ............ 20.......
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We, the undersigned, being registered voters in the constituency nominate the under-mentioned person as a candidate at the National Assembly election.
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Particulars of the Candidate:
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Name in Full
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Occupation
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National Identity card or Passport No
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Sex
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Date of Birth
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Physical Address
|
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Postal address
|
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Political Party
|
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Party Register No./ Clearance certificate No. of independent candidate
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Telephone contacts
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1.2.
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And I, the aforesaid do hereby consent to my nomination as a candidate for election as Member of National Assembly of the ............................................. constituency and hereby certify that I am in all respects qualified for nomination as such candidate.
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Signature of Candidate: .....................................
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Date: .....................................
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Proposer:
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Full Names ............................................................................................................
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National Identity Card or Passport No ...........................................................
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Constituency ....................................................................................................
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Party Office held in Party (for Party Sponsored Candidate only) .....................................
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Signature of ....................................................... Date: ..........................................
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NOMINATION PAPER FOR COUNTY WOMAN REPRESENTATIVE
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(PARTY SPONSORED OR INDEPENDENT)
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Election of a Member of National Assembly of the ............. County to be held on the .......... Day of ......... 20.......
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we, the undersigned, being registered voters in the County nominate the under mentioned person as a candidate at the National Assembly election.
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Particulars of the Candidate:
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Name in Full
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Occupation
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National Identity card or Passport No
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Sex
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Date of Birth
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Physical Address
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Postal address
|
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Political Party
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Party Register No./ Clearance certificate No. of independent candidate
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Telephone contacts
|
1.2.
|
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And I, the aforesaid do hereby consent to my nomination as a candidate for election as Member of National Assembly of the ............................................. County and hereby certify that I am in all respects qualified for nomination as such candidate.
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Signature of Candidate ........................................... Date .........................................
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Proposer:
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Full Names .........................................................................
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National Identity Card or Passport No .................................................
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Constituency ...................................................................
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Party Office held in Party (for Party Sponsored Candidate only) .............................................
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Signature of ............................................... Date: ....................................
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Seconder:
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Full Names ................
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National Identity Card or Passport No.....................................
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Constituency .................................................
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Party Office held in Party (for Party Sponsored Candidate only) .....................................
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Signature of ....................
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Date .......................
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SUPPORTERS OF INDEPENDENT CANDIDATE FOR FOR ELECTION OF MEMBER OF NATIONAL ASSEMBLY
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We, the undersigned, being registered voters, do hereby support the nomination of ............. as a candidate for election as a Member of National Assembly for the ....................... Constituency.
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No.
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Name
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I.D Card No./Passport No
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County
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Constituency
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Signature/Thumb Print
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1.
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2.
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3.
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4.
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NB a total of at least 1000 supporters from the constituency must be submitted to the Returning officers for every independent candidate.
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SUPPORTERS OF INDEPENDENT CANDIDATE FOR ELECTION OF COUNTY WOMAN MEMBER TO THE NATIONAL ASSEMBLY
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We, the undersigned, being registered voters, do hereby support the nomination of ............. as a County
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Woman Member of National Assembly for the ....................... Constituency.
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No.
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Name
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I.D Card No./Passport No
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County
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Constituency
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Signature/Thumb Print
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1.
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2.
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3.
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4.
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NB a total of at least 1000 supporters from the constituency must be submitted to the Returning officers for every independent candidate.
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FORM 16
|
(r. 26, 27, 28(2)(b))
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NOMINATION PAPER FOR SENATE ELECTION (PARTY SPONSORED OR INDEPENDENT)
|
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Election of a Member of the Senate for the ...........County to be held on the ............... day of ......................, 20 ...........
|
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We, the undersigned supporters, being registered as voters in the county holding the election do hereby nominate the under mentioned person as a candidate at the Senate election.
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Particular of candidate:.
|
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Name in Full
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Occupation
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National Identity card or Passport No
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Sex
|
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Date of Birth
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Physical address
|
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Postal address
|
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|
Political Party
|
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Party Register No./Clearance certificate No. of independent candidate
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Telephone contacts
|
1.2.
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And I, the aforesaid do hereby consent to my nomination as a candidate for election as Senator for the ..................... county and hereby certify that I am in all respects qualified for nomination as such candidate
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Signature of Candidate: ................. Date: ..............
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Proposer:
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Full Names ............................
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National Identity Card or Passport No .........................
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Constituency ............................
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Party Office held in Party (for Party Sponsored Candidate only) ............
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.......
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Signature of ...................... Date: ..................
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Seconder:
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Full Names .............................
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National Identity Card or Passport No .........................
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Constituency ................................
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Party Office held in Party (for Party Sponsored Candidate only) ...........................
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Signature of ...................... Date: ....................
|
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SUPPORTERS OF INDEPENDENT CANDIDATE FOR SENATE ELECTION
|
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We, the undersigned, being registered voters, do hereby support the nomination of .................... as a candidate for election as Senator of the ........... County.
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No.
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Name
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I.D Card No. /Passport No.
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County
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Constituency
|
Signature
Thumb print
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1.
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2.
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3.
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4.
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N/B: A total of at least 2,000 supporters from the county for the Senate must be submitted to the Returning officers for every independent candidate.
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FORM 17
|
(r. 30, 31, 32 (2) (b))
|
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NOMINATION PAPER FOR ELECTION OF COUNTY GOVERNOR
|
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Election of a County Governor of the ..................... County to be held on the .................. day of ............, 20 .................
|
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We, the undersigned supporters, being registered voters in the County Assembly wards of the County holding the election do hereby nominate the under mentioned person as a candidate at the said election.
|
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Particulars of the Candidate
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Particulars of Candidate
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Particulars of Running Mate
|
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Name in Full
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Occupation
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National Identity card or Passport No
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Sex
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Date of Birth
|
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Physical address
|
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Postal address
|
|
|
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Political Party
|
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|
|
Party Register No./Clearance certificateNo. of independent candidate
|
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|
|
Telephone contacts
|
1.2.
|
1.2.
|
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And I, the aforesaid do hereby consent to my nomination as a candidate for election as County Governor of the ............................................. County and hereby certify that I am in all respects qualified for nomination as such candidate.
|
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Signature of Candidate: ..........................
|
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Dated: .............................................
|
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Proposer:
|
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Full Names .....................................
|
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National Identity Card or Passport No ......................
|
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Constituency ..............................
|
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Party Office held in Party (for Party Sponsored Candidate only) ..............................
|
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Signature of .................... Date: ................
|
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Seconder:
|
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Full Names ..........................
|
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National Identity Card or Passport No .......................
|
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Constituency ..........................
|
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Party Office held in Party (for Party Sponsored Candidate only) ........................
|
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Signature of ................... Date: .................
|
|
SUPPORTERS OF INDEPENDENT CANDIDATE FOR ELECTION OF COUNTY GOVERNOR
|
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We, the undersigned, being registered voters, do hereby support the nomination of ................. as a candidate for election as County Governor of the ............. County.
|
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No.
|
Name
|
//I.D Card No./Passport No.//
|
County
|
Constituency
|
Signature/Thumb
print
|
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1.
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2.
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3.
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4.
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N/B: a total of at least 500 supporters from wards concerned must be submitted to the Returning officers for every independent candidate.
|
|
FORM 18
|
(r. 34, 35, 36(2)(b))
|
|
NOMINATION PAPER FOR ELECTION OF MEMBER OF COUNTY ASSEMBLY
|
|
Election of a Member of County Assembly for ............................................ Ward in .................. County to be held on the ................ day of ........................ , 20 .............................
|
|
We, the undersigned supporters, being registered as voters, in the ......................................... County Assembly ward of ................................................... County holding the election do hereby nominate the under mentioned person as a candidate at the said election.
|
|
Particulars of the Candidate
|
|
Name in Full
|
|
|
Occupation
|
|
|
National Identity card or Passport No
|
|
|
Sex
|
|
|
Date of Birth
|
|
|
Physical Address
|
|
|
Postal Address
|
|
|
Political Party
|
|
|
Party Register No./ Clearance certificate No. of independent candidate
|
|
|
Telephone contacts
|
1.2.
|
|
And I, the aforesaid do hereby consent to my nomination as a candidate for election as County Assembly member of the ............................ County Assembly ward of ............................. County and hereby certify that I am in all respects qualified for nomination as such candidate.
|
|
Signature of Candidate: ................... Date: .......
|
|
Proposer:
|
|
|
Full Names .....................................
|
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National Identity Card or passport No ......................
|
|
|
Constituency ..........................
|
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Party Office held in party (for party Sponsored Candidate only)..........
|
|
|
Signature of ................... Date: ................
|
|
Seconder:
|
|
|
Full Names .............................................................
|
|
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National Identity Card or passport No. ................................................
|
|
|
Constituency ..........................
|
|
|
Party Office held in party (for parry Sponsored Candidate only)............
|
|
|
Signature of ................... Date: ................
|
|
SUPPORTERS OF INDEPENDENT CANDIDATE FOR ELECTION OF MEMBER OF COUNTY ASSEMBLY
|
|
We, the undersigned, being registered voters, do hereby support the nomination of .................................................. as a candidate for election as Member of County Assembly Ward of the ................................. ward in ....................
|
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No.
|
Name
|
I.D Card No. /Passport No.
|
County
|
Constituency
|
County Assembly Ward
|
Signature/Thumb
print
|
|
1.
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2.
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3.
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4.
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|
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N/B: a total of at least 500 supporters from the County Assembly ward must be submitted to the Returning officer for every independent candidate.
|
|
FORM 19
|
(r. 41)
|
|
STATUTORY DECLARATION FOR PURPOSES OF NOMINATION FOR PARLIAMENTARY AND COUNTY ELECTIONS
|
|
I, ..................................... of ID No./Passport No. .................................. do solemnly and sincerely declare as follows:—
|
|
1. I do hereby consent to my nomination as a candidate at the election to be held in the ..................................................... County/Constituency/County Assembly Ward.
|
|
2. I am duly qualified and am not disqualified by law for election.
|
|
3. I am qualified under, and have complied with, the Constitution and rules relating to persons wishing to contest as a candidate for ...................................... elections.
|
|
And I make this declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act, Cap 15 Laws of Kenya
|
|
Declared at ...................... this .............. day ........................ 20 ....................
|
|
Signature of Declarant ................................
|
|
Before me
|
|
......................................................Magistrate/Commissioner for Oaths
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Dated: ............. of ..................., 20 .......
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________________________________________________________________________________________*The declarant names must be written in the order in which he or she wishes them to appear on the nomination statement and the surname must be underlined.
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FORM 20
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(r. 51(1))
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CERTIFICATE OF NOMINATION FOR PRESIDENTIAL ELECTION
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I, the chairperson of the Independent Electoral and Boundaries Commission do hereby certify that .................................................., ID/ Passport No. .................................................... is validly nominated for the Presidential election to be held on .................. day of ................. 20 ............ in the Republic of Kenya
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Dated this ..................... day of .................... 20 ...............
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..............................................
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Chairperson
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Independent Electoral and Boundaries Commission
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FORM 21
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(r.51(2))
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CERTIFICATE OF NOMINATION FOR PARLIAMENTARY/COUNTY ELECTIONS
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I ............................................. the returning officer for ................................................ County/Constituency/County Assembly Ward* do hereby certify that .................. ID/Passport No ................ is validly nominated for the National Assembly/Senate/County Governor/County Assembly election* to be held on ..................... day of ...................... 20 ........in .............................. County/Constituency/County Assembly Ward*.
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Dated this ............... day of ................ 20 ...........
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Signature: ..........................................................
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......................................................Returning Officer
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*delete as appropriate
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FORM 22
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(r. 51(3))
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CERTIFICATE THAT NO PERSON NOMINATED
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I .........................the returning officer for ................................................... County/ Constituency/ County AssemblyWard,* do hereby certify that no person is validly nominated for the National Assembly/ Senate/ County Governor/ County Assembly election* to be held on ................ day of ............... 20 .......... in ................. County/ Constituency/ County Assembly Ward*
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Signature ..............................
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*delete as appropriate
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__________________Returning officer
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____________________________
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FORM 23
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(r. 51(4)(b))
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CERTIFICATE THAT ONLY ONE PERSON NOMINATED FOR ELECTION
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I ....................... the Returning Officer for ............................. County/ Constituency/ County Assembly ward,* do hereby certify that the only one person who is validly nominated for the National Assembly/ Senate/ County Governor/ County Assembly election* is:
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Name
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Place of Residence
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ID/Passport number
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Occupation /Description
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Dated this .................... 20 ................
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Signature: ..............................
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__________________Returning officer
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*delete as appropriate
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FORM 24
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(r. 51(6))
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STATEMENT OF'PERSONS NOMINATED FOR PARLIAMENTARY AND COUNTY ELECTIONS
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I.......................... the Returning officer for .................... County/ Constituency/ County Assembly Ward,* do hereby declare that the following persons have been and now stand nominated for the county/ constituency/ Country Assembly ward election* to be held on ............ day of .......... 20 ...........
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Particulars of Candidates
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No
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Full Name of Candidate
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ID/PP No.
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Party Sponsored or
Independent Candidate
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Symbol
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Proposer and
Seconder
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Occupation
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Contact
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1.2.
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1.2.
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1.2.
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The voters belonging to the voters areas specified hereunder may vote only at the polling station specified and the days and hours for polling at those polling stations shall be as specified Herein:
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County code
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County
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Constituency code
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Constituency
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Ward code
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Ward name
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Polling
Stations
code
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Polling
Stations
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Day and
Hours of
Polling
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The Tallying Centre shall be as specified hereunder:
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County
Code
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County
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Tallying Centre
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Venue
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Location
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Dated this ................. day of .................., 20 ........
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...................................Returning Officer
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*delete as appropriate
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__________________
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FORM 24A
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(r. 52(1))
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NOTICE OF WITHDRAWAL OF CANDIDATURE AFTER NOMINATION
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To the Chairperson Independent Electoral and Boundaries Commission (Presidential
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or
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To the Returning Officer ................. County/ Constituency/ County Assembly Ward
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I, ............................... ID No./Passport No. ...................... having been duly nominated by the Commission on the ................... day of ............ 20............ as a candidate to contest in the Election for ................ President/ Senate/ Woman Representative/ Member of National Assembly/ Governor/ Member of County Assembly in ......................... County/ Constituency/ County Assembly Ward to be held on the ........... day of ........... 20 ............. do hereby withdraw my candidature.
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Signature .............................
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Dated ................... 20 ................
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Remarks by RO..................................................................................................
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Name: ................................. (Returning Officer)
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ID No: .................................
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Signature: ..............................
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Date: ....................... 20 ...........
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Stamp
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*delete as appropriate
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...................................
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FORM 24B
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(r. 54(2))
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POLITICAL PARTY LIST FOR ALLOCATION OF SPECIAL SEATS
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Name of Political Party ..............................
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No.
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Name
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ID/PP No
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Date of Birth
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Sex
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Disability (Y/N)
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Type of Disability
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Elective Position
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Occupation
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Phone Number
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Colored Passport size Photo (on White Background with name and signatures on the back)
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FORM 25
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(r. 68(1)(a))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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PRESIDENTIAL ELECTION, 20 ...................
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IN THE ................. CONSTITUENCY ............. Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark against the name of the candidate and the symbol of the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left to right, so as to conceal your vote. Then put the ballot into the ballot box.
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MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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Party/Candidates
Symbol
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Presidential
Candidate
Photo
and Name
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Deputy
Presidential
Name
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Voter's Mark/Alama ya
kura
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FORM 26
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(r. 68(1)(b))
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BALLOT PAPER
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Counterfoil
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S/No. ............................
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NATIONAL ASSEMBLY ELECTION, 20 ...................
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IN THE ............................................. CONSTITUENCY.......................................... Polling Station ........................
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S/No ..................................................
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........................................................ Constituency.
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......................................................... Polling Station
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INSTRUCTIONS TO VOTER:1. Mark the paper by placing a mark against the name of the candidate and the symbol of the party you wish to elect.2. Place a mark against only one candidate.3. Make no other mark whatsoever on the paper.4. Fold the paper through the centre, from left to right, so as to conceal your vote. Then put the ballot into the ballot box.
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MAAGIZO KWA MPIGA KURA:1. Weka alama kwenye nafasi iliotengwa kwa jinala mgombeaji au picha ya chama ungependa kuchagua.2. Weka alama kwa mgombeaji mmoja3. Usiweke alama yeyote nyingine kwenye karatasi ya kura4. Kunja karatasi katikati kutoka kushoto kwenda kulia ili kuficha kura yako halafu tumbukiza kwenye sanduku.
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Voter's Mark/Alama ya kura Tick (✓) cross (x) Thumb print ( )
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