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National Assembly and Presidential Elections Act LAWS OF KENYA THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT CHAPTER 7 Revised Edition 2009 (1998) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org National Assembly and Presidential 2 CAP. 7 Elections [Rev. 2009 CHAPTER 7 THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT ARRANGEMENT OF SECTIONS PART I―PRELIMINARY Section 1–Short title. 2–Interpretation. 3–(Repealed ). 3(1)–Appointment of staff of the Commission. 3A–Protection from personal liability. 3B–Code of conduct and procedure of the Commission. PART II―REGISTRATION OF ELECTORS 4–Register of electors. 4A–Registration. 5–Prohibition of multiple registration. 6–Additional disqualification for registration. 7–Postponement of disqualification to enable appeal. PART III―DETERMINATION OF QUESTIONS CONCERNING REGISTRATION 8–Determination of questions as to registration. 9–Claims. 10–Objections. 11–Interpretation of Part. PART IV―ELECTIONS 12–Initiation of presidential election. 13–Issue of writs. 14–Holding of elections. 15–Right to vote. 16–Additional disqualifications for candidature. 17–Nomination by a political party. 17A–Overall conduct of elections. 17B–Participation in elections by public officers. National Assembly and Presidential Rev. 2009] Elections CAP. 7 3 Section PART V―VACANCIES IN THE NATIONAL ASSEMBLY 18–Speaker may declare seat vacant. PART VA―ELECTION EXPENSES 18A–18L―(Repealed). PART VI―PETITIONS 19–Constitution of election court. 20–Presentation of petition. 21–Security for costs. 22–Procedure on receipt of petition. 23–Procedure of election court. 24–Attorney-General to attend trial of petition. 25–Prohibition of disclosure of vote. 26–Votes to be struck off at scrutiny. 27–(Repealed). 28–Non-compliance with law. 29–Costs. 30–Certificate of court as to validity of election. 31–Report of court as to election offences. PART VII―MISCELLANEOUS PROVISIONS 32–Provisions as to misnomer or inaccurate description. 33–Expenses. 34–Regulations. SCHEDULES National Assembly and Presidential 4 CAP. 7 Elections [Rev. 2009 L.N. 529/1997, CHAPTER 7 L.N. 67/2002, L.N. 118/2002, THE NATIONAL ASSEMBLY AND PRESIDENTIAL L.N. 119/2002, L.N. 170/2002, ELECTIONS ACT L.N. 172/2002, L.N. 178/2007, Commencement: 21st August, 1969 13 of 1969, 8 of 1974, An Act of Parliament to provide for registration of electors and holding 4 of 1976, of elections to the office of President and to the National Assembly, 6 of 1979, 19 of 1979, the conduct of the Electoral Commission and of political parties 10 of 1981, participating in elections in Kenya and various matters connected 8 of 1982, with and incidental to the foregoing. 1 of 1992, 11 of 1992, 10 of 1997, 2 of 2002, 7 of 2007. PART I—PRELIMINARY Short title. 1. This Act may be cited as the National Assembly and Presidential Elections Act. Interpretation. 2. In this Act, unless the context otherwise requires— 19 of 1979, s. 2, 8 of 1982, s. 2. 1 of 1992, s. 2, “candidate” means a candidate at a parliamentary election; 2 of 2002, Sch. “constituency” means one of the constituencies into which Kenya is divided under section 42 of the Constitution; “constituency register” means the register of electors compiled in respect of each constituency by the Electoral Commission; “corrupt practice” has the meaning assigned to it in the Election Cap. 66. Offences Act; “Director of Elections” means a person appointed by the Electoral Commission under section 3; “election” means a parliamentary election and a presidential election; “election court” means the High Court in the exercise of the jurisdiction conferred upon it by section 44 (1) of the Constitution; “election offence” means a corrupt practice, an illegal practice or any offence under section 3 or section 4 of the Election Offences Act; “elector” means a person whose name is included in a current register of electors; National Assembly and Presidential Rev. 2009] Elections CAP. 7 5 “the Electoral Commission” means the Electoral Commission established by section 41 (1) of the Constitution; “elector’s card” means a card issued to an elector as evidence of his registration in a register of electors; “illegal practice” means an offence so designated in, and punishable under Part IV of, the Election Offences Act; “officer” includes the Director of Elections, a Deputy Director of Elections, a returning officer, a presiding officer, a poll clerk and any other person employed in the holding of an election; “parliamentary election” means the election of one or more elected members of the National Assembly; “petition” means an application to the election court under section 19; “political party” has the meaning assigned to it by section 123 (1) of the Constitution; “presidential election” means an election of a President in accordance with section 5 of the Constitution; “principal register” means the national consolidated register of electors compiled by the Electoral Commission in accordance with section 4; “registration officer” means a person appointed under the Regulations for the purpose of preparing a register of electors; “the Regulations” means regulations made under this Act; “returning officer” means a person appointed under the Regulations for the purpose of conducting any election under this Act; “the Speaker” means the Speaker of the National Assembly. 3. (Repealed by 10 of 1997, Sch.). 3. (1) The Commission shall appoint such officers with such Appointment of staff designations as it may deem necessary to assist the Commission in of Commission. the discharge of its functions under the Constitution and this Act, and such officers may, subject to the general or special directions of the Commission, exercise any or all of the duties and powers conferred or National Assembly and Presidential 6 CAP. 7 Elections [Rev. 2009 imposed upon the Commission by the Constitution and this Act. (2) The terms and conditions of service of the officers appointed under this section shall be determined by the Commission in consultation with the Treasury. Cap. 84. (3) Notwithstanding the provisions of the Police Act, a police officer assigned duties during the conduct of an election shall be deemed to be an election official for the purposes of this Act and subject to direction and instruction of the Commission. Protection from 3A. No matter or thing done by a member of the Commission or personal liability. by any electoral officer shall, if the matter or thing is done in good faith for executing the powers, functions or duties of the Commission under the Constitution or this Act, render such member or officer personally liable for any action, claim or demand whatsoever. Code of conduct 3B. For the better discharge of the responsibilities and functions and procedure of the of the Electoral Commission under the Constitution and any other law, Commission. the code of conduct for the members and staff of the Commission, and the rules of procedure of the Commission specified in the Second and Third schedules respectively, shall apply. PART II—REGISTRATION OF ELECTORS Registration of 4. (1) The Electoral Commission shall, in such manner and at electors. such times as may be prescribed, prepare or cause to be prepared— 1 of 1992, s. 4. 10 of 1997, Sch., (a) constituency registers in respect of all constituencies; and 2 of 2002, Sch. (b) the principal register, which shall be a combination of the constituency register, and such other registers, for the time being in existence, as the Electoral Commission may direct. (2) Upon the coming into operation of this section, the Electoral Commission shall cause all constituency registers to be opened for inspection by members of the public, for such period of time as the Electoral Commission may deem appropriate for the purpose of rectification of the particulars thereon. (3) The Electoral Commission shall, upon expiry of the period of time provided for under subsection (2), compile the principal register and as soon as practicable thereafter— (a) publish a notice in the Gazette to the effect that such compilation has been completed; and National Assembly and Presidential Rev. 2009] Elections CAP. 7 7 (b) cause to be transmitted to every registration officer, a copy of the part of that register relating to the constituency for which he is responsible to be kept in safe custody. (3) The original of the principal register shall be kept at the offices of the Electoral Commission. 4A. (1) Registration of electors and revision of the register of Registration. electors under this Act may be carried out at all times except— 10 of 1997, Sch., 2 of 2002, Sch. (a) in the case of a presidential election, between the date of commencement of the ninety-day period provided for by section 6(1) of the Constitution and the date of such election; or (b) in the case of an election to the National Assembly, between the date of dissolution of Parliament under section 59 of the Constitution and the date of such election; or (c) in the case of an election of councillors to local authorities, between the date of dissolution of such local authorities and the date of such election; or (d) in the case of any by-election, between the date of the declaration of the vacancy of the seat concerned and the date of such by-election. (2) Any citizen of Kenya who has attained the age of majority as evidenced by either a national identity card or a Kenyan passport and whose name is not in the principal register shall be registered as an elector upon application in the prescribed manner to the Electoral Commission. (3) All applicants for registration under this section shall be registered in the appropriate register and such register shall, at such times as the Electoral Commission may direct, be transmitted to the Electoral Commission for amendment.
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