Act No: No. 24 of 2011
Act Title: ELECTIONS
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE ELECTIONS (REGISTRATION OF VOTERS) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – ADMINISTRATION

3.

Registration centres.

4.

Registration officers.

5.

Assistant registration officers.

5A.

Gazettement of registration officers

PART III – THE REGISTER OF VOTERS

6.

Preparation of register.

7.

Registration areas and Registration centres.

8.

Registration particulars.

9.

Changes to register.

10.

Other changes requiring notice, etc.

11.

Periodic list of changes.

12.

Certification of Register of Voters.

PART IV – REGISTRATION OF VOTERS

13.

Application for new registration.

13A.

Registration procedure.

13B.

Numerous registrations.

13C.

Transfer of registration.

14.

Application for change in registration.

15.

When applications not allowed.

16.

Consideration by registration officer.

PART V – CLAIMS

17.

Time for making claims.

18.

Method for making claim.

19.

Notice of claims.

20.

Consideration of claims.

21.

Time for appeal.

22.

Method of appeal.

23.

Request.

24.

Hearing of appeal.

25.

Changes to register.

26.

Claims not to affect register.

PART VI – INSPECTION AND VERIFICATION OF REGISTER

27.

Inspection of register.

27A.

Verification of Register of Voters.

27B.

Process of Verification.

28.

Revision of register.

PART VII – PREPARATION OF NEW REGISTER

29.

Direction from Commission.

30.

Notice.

31.

Registrations.

32.

Preparation of new register.

33.

Publication of register.

PART VIII – REGISTRATION OF KENYAN CITIZENS RESIDING OUTSIDE KENYA

34.

Registration of Kenyan citizens residing out of Kenya.

35.

Registration particulars of Kenyan citizens residing out of Kenya.

36.

Application for Registration by Kenyan citizens residing out of Kenya

37.

Eligibility to Vote.

38.

Registration personnel.

39.

Type of elections.

PART VIIIA – REGISTRATION OF CITIZENS IN KENYAN PRISONS

39A.

Registration of citizens in Kenyan prisons.

39B.

Registration particulars of citizens in Kenyan prisons.

39C.

Eligibility to vote.

39D.

Registration personnel.

39E.

When prisoner may vote.

PART IX – MISCELLANEOUS

40.

Summoning witnesses, evidence, etc.

41.

Notice to individuals.

42.

Publication of notices.

43.

Minor inaccuracies immaterial.

44.

Observation of the registration process.

45.

Alternative means of signification.

46.

Revocation of L.N. 173/2002.

SCHEDULES

SCHEDULE —

FORMS

THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012

ARRANGEMENT OF SECTIONS

THE ELECTIONS (VOTER EDUCATION) REGULATIONS, 2012

PART I – PRELIMINARY

1.

Short Title.

2.

Interpretation.

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.

14.

Declaration.

15.

Remuneration.

16.

Reports.

PART III – VOTER EDUCATORS

17.

Voter educators

18.

Manner of carrying out the tasks of voter educators.

19.

Qualifications.

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

Schedule

THE ELECTIONS (GENERAL) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

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

9.

Party symbol

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

13C.

Submission of names

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.

46.

Ethical requirements

47.

Ascertainment of educational qualifications

48.

Attendance at delivery of nomination papers

49.

Death of candidate

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

58.

Deleted

PART XII – PROVISIONS ON VOTING AT ELECTIONS

59.

Election procedure

60.

Electronic voting

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

66.

Polling time

67.

Sealing of ballot boxes, etc

68.

Ballot papers

69.

Voting procedure

70.

Method of voting

71.

Spoilt ballot papers

72.

Assisted voters

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

76.

Counting of votes

77.

Rejection of ballot papers, etc.

78.

Rejected ballot papers

79.

Candidates, etc. to sign declaration

80.

Recount

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

90.

Special voting

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

96.

Collaborations

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

SCHEDULE —

FORMS

THE RULES OF PROCEDURE ON SETTLEMENT OF DISPUTES

ARRANGEMENT OF RULES

1.

Citation.

2.

Interpretation.

3.

Object.

4.

Application of rules.

5.

Right to lodge complaint.

6.

Returning officer to be guided by constitution and nomination rules etc.

7.

Disputes arising from registration of voters.

8.

Initiation of a complaint.

9.

Disputes arising from nomination of candidates.

10.

Declining to accept a dispute.

11.

Powers of the Returning Officer.

12.

Decision of the Commission.

13.

Appeals for review to the Commission.

14.

Power of the Commission to delegate.

15.

Complaint arising from violation of the electoral code of conduct.

16.

Committee to regulate its own procedure.

17.

Legal representation.

SCHEDULES

SCHEDULE —

FORMS

THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

PART II – APPLICATION, OBJECTIVES OF RULES, ETC

3.

Application of the rules

4.

Objective of Rules

5.

Duty of court and parties

PART III – CONSTITUTION OF AN ELECTION COURT AND APPOINTMENT OF ADVOCATES

6.

Constitution of an election court

7.

Appointment of advocate by Respondent

PART IV – PRESENTATION AND COMMENCEMENT OF ELECTION PETITIONS

8.

Manner of filing of petition

9.

Commission to be Respondent in every petition

10.

Contents and form of an election petition

11.

Security by deposit of money

12.

Affidavit by witnesses

13.

Service on the Respondent

14.

Response to petition

15.

Affidavit by Respondent

PART V – CASE MANAGEMENT

16.

List of petitions

17.

Pre-trial conferencing and prohibition of delayed interlocutory applications

18.

Consolidation of election petitions

19.

Time and place of trial and postponement of commencement of trial

20.

Extension of time

21.

Returning officer to deliver ballot boxes

22.

Adjournment and continuation of trial

23.

Withdrawal of petition

24.

Copies of and notice of the application for withdrawal of petition

25.

Notice of time and place of hearing of application

26.

Substitution of another Petitioner

27.

Death of Petitioner

28.

Application to be substituted as Petitioner

29.

Death, resignation of, or notice not to oppose by elected person

30.

Abatement of petition

31.

Countermanding notice of trial, etc

PART VI – SCRUTINY, RECOUNT, ETC.

32.

Petitioner may request for recount or examination of tallying only

33.

Scrutiny of votes

PART VII – COSTS AND DEPOSITS

34.

Costs

35.

Taxation and recovery of costs

36.

Return of money deposited

PART VIII – MISCELLANEOUS

37.

Attorney General and Director of Public Prosecutions may attend trial

38.

Power of court to issue administrative orders

39.

Practice directions by the Chief Justice

SCHEDULES

SCHEDULE

THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013

ARRANGEMENT OF SECTIONS

THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013.

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – APPLICATION, OBJECTIVES OF RULES, ETC

3.

Application of the rules.

4.

Objective of Rules.

5.

Duty of court and parties.

PART III – CONSTITUTION OF AN ELECTION COURT AND APPOINTMENT OF ADVOCATES

6.

Constitution of an election court.

7.

Appointment of Advocate by Respondent

PART IV – PRESENTATION AND COMMENCEMENT OF ELECTION PETITIONS

8.

Manner of filing of petition.

9.

Commission to be Respondent in every petition.

10.

Contents and form of an election petition.

11.

Security by deposit of money.

12.

Affidavits by witnesses.

13.

Service on the Respondent.

14.

Response to petition

15.

Affidavits by Respondent

PART V – CASE MANAGEMENT

16.

List of petitions.

17.

Pre-trial conferencing and prohibition of delayed interlocutory applications.

18.

Consolidation of election petitions.

19.

Time and place of trial and postponement of commencement of trial

20.

Extension of time.

21.

Returning officer to deliver ballot boxes.

22.

Adjournment and continuation of trial.

23.

Withdrawal of petition.

24.

Copies of and notice of the application for withdrawal of petition

25.

Notice of time and place of hearing of application

26.

Substitution of a Petitioner.

27.

Death of Petitioner.

28.

Application to be substituted as Petitioner.

29.

Death, resignation of, or notice not to oppose by elected person.

30.

Abatement of petition.

31.

Countermanding notice of trial, etc.

PART VI – SCRUTINY, RECOUNT, ETC.

32.

Petitioner may request for recount or examination of tallying

33.

Scrutiny of votes.

PART VII – APPEALS

34.

Appeals from a Magistrate’s Court

35.

Appeals from the High Court.

PART VIII – COSTS AND DEPOSITS

36.

Costs.

37.

Taxation and recovery of costs

38.

Return of money deposited.

PART IX – MISCELLANEOUS

39.

Attorney General and Director of Public Prosecutions may attend trial.

40.

Power of court to issue administrative orders.

41.

Practice directions by the Chief Justice.

42.

Revocation of L.No.44 of 2013.

SCHEDULES

Schedule
Schedule 2

THE ELECTIONS (PARTY PRIMARIES AND PARTY LISTS) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Application.

4.

Guiding principles.

5.

Access to information.

6.

Political party nomination rules and procedures.

7.

Parties' nomination Code of Conduct.

PART II – PARTY PRIMARY AND PARTY NOMINATION OF THE PARTY LIST CONDUCTED BY THE POLITICAL PARTY

8.

Parties' Election Board.

9.

Qualification of a member of a party’s Election Board.

10.

Functions of Election Boards.

11.

Removal of a member of a party's Election Board.

12.

Vacancy in a party's Election Board.

13.

Tenure of a party's Election Board.

14.

Fees.

15.

Application for nomination.

16.

Conduct of a party primary.

17.

Notices.

18.

Statutory declaration for conduct of party primaries.

19.

Role of agents of nomination candidates.

20.

Party lists.

21.

Statutory declaration for conduct of party nomination to party lists.

PART III – PARTY PRIMARIES CONDUCTED BY THE COMMISSION

22.

Application of Part.

23.

Political party to be responsible for the preparatory work.

24.

Conduct of Party primaries.

25.

Commission to submit party primary results to the Election Board.

PART IV – MISCELLANEOUS

26.

Commission to reject party list if it does not conform to law.

27.

Dispute resolution.

28.

Electoral malpractices.

SCHEDULES

SCHEDULE —

FORMS

THE ELECTIONS (TECHNOLOGY) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – ACQUISITION, STORAGE AND DEPLOYMENT

3.

Assessment.

4.

Procurement.

5.

Deployment.

6.

Maintenance.

7.

Disposal of Assets.

PART III – TESTING AND CERTIFICATION

8.

Testing.

9.

Transparency.

10.

Certification.

PART IV – CONDUCT OF AN AUDIT

11.

Audit of technology.

12.

Firm to conduct audit.

13.

Audit report.

PART V – INFORMATION SECURITY AND DATA STORAGE

14.

Information security.

15.

Data storage and access to information.

16.

Request for information.

PART VI – DATA RETENTION AND DISPOSAL

17.

Data retention and archive.

PART VII – ACCESS TO SOFTWARE SOURCE CODES

18.

Accessibility and security.

PART VIII – TELECOMMUNICATION NETWORK

19.

Disclosure of existing agreements.

20.

Delivery of services.

21.

Telecommunication network service availability.

22.

Appropriate infrastructure.

23.

Obligations for service providers.

PART IX – DATA RECOVERY AND OPERATIONS CONTINUITY PLAN

24.

Operations continuity plan and testing.

25.

Data recovery.

26.

Suspension, termination and public notice.

27.

Notice by individuals.

28.

System support and maintenance agreement.

PART X – CAPACITY BUILDING AND TRAINING

29.

Capacity Building.

30.

Training curriculum and trainers.

PART XI – THE ELECTIONS TECHNOLOGY ADVISORY COMMITTEE

31.

Establishment of Committee.

32.

Mandate and functions of the committee.

33.

Composition of the Committee.

34.

Engagement of experts or consultants.

35.

Chairperson and secretariat.

36.

Meetings.

37.

Code of Conduct.

PART XII – MISCELLANEOUS PROVISIONS

38.

Duty to cooperate.

39.

Non-disclosure agreement.

40.

Voter education.

SCHEDULES

FIRST SCHEDULE [r. 14(1)] —

INFORMATION SECURITY AND DATA STORAGE

SECOND SCHEDULE [r. 15] —

INFORMATION REQUEST FORM

THE ELECTIONS (VOTER EDUCATION) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Objective.

PART II – PROVISION OF VOTER EDUCATION

4.

Role of the Commission in provision of voter education.

5.

Voter education cirriculum and education materials.

6.

Constituency election coordinators.

7.

Remuneration.

PART III – VOTER EDUCATORS

8.

Voter educators.

9.

Manner of carrying out the voter education.

10.

Qualifications of a voter educator.

11.

Code of Conduct for voter educators and voter education providers.

PART IV – ACCREDITATION OF VOTER EDUCATION PROVIDERS

12.

Application for accreditation.

13.

Accreditation Criteria.

14.

Certificate of accreditation.

15.

Inspection of the register.

16.

Accredited persons and organizations to sign Code of Conduct.

17.

Commission may revoke accreditation.

18.

Monitoring and evaluation of voter education.

19.

Impartiality and conduct of voter education providers.

20.

Submission of information.

PART V – CONDUCT OF VOTER EDUCATION

21.

Conduct of voter ducation.

22.

Revocation of L.N. No. 127 of 2012.

SCHEDULES

SCHEDULE —

FORMS

THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITIONS RULES

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – APPLICATION AND OBJECTIVES OF RULES

3.

Application.

4.

Objective of these Rules.

5.

Compliance with these Rules.

PART III – CONSTITUTION OF AN ELECTION COURT

6.

Constitution of an election court.

PART IV – PRESENTATION AND COMMENCEMENT OF PETITIONS

7.

Manner of filing of petition.

8.

Contents and form of a petition.

9.

Commission to be respondent in every petition.

10.

Service on the respondent.

11.

Response to petition.

12.

Affidavits generally.

13.

Deposit of security for costs.

PART V – CASE MANAGEMENT

14.

List of petitions.

15.

Pre-trial conferencing and interlocutory applications.

16.

Storage of ballot boxes and other materials.

17.

Consolidation of petitions.

18.

Time and place of hearing.

19.

Extension and reduction of time.

20.

Conduct of a hearing.

21.

Withdrawal of petition.

22.

Notice of intention to withdraw an election petition.

23.

Notice for hearing of an application to withdraw an election petition.

24.

Substitution of a petitioner.

25.

Death of petitioner.

26.

Application to be substituted as petitioner upon death of petitioner.

27.

Death, resignation of, or notice not to oppose by elected person.

PART VI – SCRUTINY AND RECOUNT

28.

Recount of votes or examination of tallying.

29.

Scrutiny of votes.

PART VII – COSTS AND DEPOSITS

30.

Costs.

31.

Taxation and recovery of costs.

32.

Fees.

33.

Return of money deposited.

PART VIII – APPEALS

34.

Appeals from Resident Magistrate's Court.

35.

Appeals from the High Court.

PART IX – MISCELLANEOUS

36.

Power of an election court to issue administrative orders.

37.

Practice directions by Chief Justice.

38.

Revocation of L.N. No. 54/2013.

SCHEDULES

FIRST SCHEDULE —

FORMS

SECOND SCHEDULE [rr. 32, 34(4)] —

FEES