|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|43. Qualifications and disqualifications for registration as a voter.|
|Constituencies.||Determination of questions as to membership of National Assembly.|
|Qualifications and disqualifications for registration as a voter. 2 of 1974, s 2.||
43. (1) Subject to subsection (2), a person shall be qualified to be registered as a voter in elections to the National Assembly and in elections of a President if, and shall not be qualified unless, at the date of his application to be registered, he -
(a) is a citizen of Kenya who has attained the age of eighteen years; and
(b) has been ordinarily resident in Kenya either -
(i) for a period of not less than one year immediately preceding that date, or
(ii) for a period of, or periods amounting in the aggregate to, not less than four years in the eight years immediately preceding that date; and
(c) has, for a period of, or periods amounting in the aggregate to, not less than five months in the twelve months immediately preceding that date, been ordinarily resident in the constituency in which he applies to be registered, or has for such a period or periods carried on business there, or has for such a period or periods been employed there or has for such a period or periods lawfully possessed land or residential buildings there.
(2) No person shall be qualified to be registered as a voter in elections to which this section applies -
(a) if, under any law in force in Kenya, he is adjudged or otherwise declared to be of unsound mind; or
(b) if he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under a law in force in Kenya; or
(c) if he is detained in lawful custody; or
(d) if he is disqualified therefrom by Act of Parliament on the grounds of his having been convicted of an offence connected with elections or on the grounds of his having been reported guilty of the offence by the court trying an election petition.
(3) A question whether a person is qualified to be registered as a voter in elections to which this section applies shall be determined in such manner as may be prescribed by Parliament.
(4) Where a person is qualified to be registered in more than one place as a voter in elections to which this section applies, he shall be so registered only in the first of those places in which he applies to be so registered, and Parliament may provide for the punishment of a person who, being already registered in one place as a voter in the elections or having applied to be so registered there and not having had that application finally rejected, applies to be registered in another place as a voter.
(5) Parliament may, in order to permit a person who has been adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted of an offence referred to in subsection (2) (d) to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by Parliament, the decision shall not have effect for the purposes of subsection (2) until such time as may be so prescribed.