SPECIAL ISSUE

Kenya Gazette Supplement No. 53 (Senate Bills No. 11)

REPUBLIC OF KENYA

–––––––"

KENYA GAZETTE SUPPLEMENT

SENATE BILLS, 2024

NAIROBI, 7th March, 2024

CONTENT

Bill for Introduction into the Senate—

PAGE

The"Elections"(Amendment)"Bill,"2024 ................................................... 115

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

 115
THE ELECTIONS (AMENDMENT) BILL, 2024
A Bill for
AN ACT of Parliament to amend the Elections Act and
for connected purposes.
ENACTED by the Parliament of Kenya, as follows—
1. This Act may be cited as the Elections Short title.

(Amendment) Act, 2024.

2. Section 2 of the Elections Act, 2011 (hereinafter Amendment of
section 2 of No.
referred to as “the principal Act”) is amended by— 24 of 2011.

(a)! deleting the definition of “nomination” and

substituting therefor with the following new
definition—
“nomination” means the process through
which a political party elects or selects its
candidates for elections;
(b) deleting the definition of “nomination day”;
(c) deleting the definition of political party and
substituting therefor with the following new
definition—
“political party” has the meaning assigned to
it under section 2 of the Political Parties Act, No.
11 of 2011; and
(e) inserting the word “valid” immediately before the
words “Kenyan passport” in the definition of
“identification document”; and
(d) inserting the following new definition in proper
alphabetical sequence—
“registration of a candidate” means the
process through which a person applies to the
Commission to contest in an election.
3. Section 5 of the principal Act is amended— Amendment of
section 5 of No.
24 of 2011.
(a)! in subsection (1)(b) by inserting the words “within
the affected electoral area” immediately after the
words “such by-election”;
116 The Elections (Amendment) Bill, 2024

(b)!in subsection (1) (ba) by inserting the words “of

the referendum question” immediately after the
word “publication”;
(c)! in subsection (3) by inserting the word “valid”
immediately before the words “Kenyan passport”;
(d)!by inserting the following new subsection
immediately after subsection 3-
“(3A) A person who registers as a voter
during the period when registration of voters is
suspended for the purposes of a by-election as
contemplated under subsection (1)(b) shall not be
eligible to contest in the electoral area affected by
the by-election”.
4. Section 6 of the principal Act is amended— Amendment of
section 6 of No.
24 of 2011.
(a)! by deleting subsection (1) and substituting therefor
the following new subsections —
(1) The Commission shall cause the Register
of Voters to be opened for inspection by members
of the public at all times.
(1A) The Commission shall rectify the
particulars of voters at all times except—
(a)! in the case of a general election or
election or an election under Article
138(5) of the Constitution, during the
sixty-day period before the date of the
election;
(b)!in the case of a by-election, between the
date of the declaration of the vacancy of
the seat concerned and the date of such
election; or
(c)! in the case of a referendum, between the
date of the publication of the referendum
question and the date of the referendum.
(b)!by deleting subsection (2).
5. Section 8A of the principal Act is amended— Amendment of
section 8A of No.
24 of 2011.
(a)! by deleting subsection (3); and
 The Elections (Amendment) Bill, 2024 117

(b) in subsection (4), by deleting the expression “

subsection (3)” and substituting therefor the
expression “subsection (1)”.
6. Section 14 of the principal Act is amended in Amendment of
section 14 of No.
subsection (2)— 24 of 2011.

(a)!by deleting paragraph (a) and substituting therefor

the following new paragraph—
(a) the day or days for the registration of
candidates for the presidential election;
(b)!by deleting the word “nomination” appearing in
paragraph (h) and substituting therefor the words
“registration of candidates”.
7. Section 16 of the principal Act is amended in Amendment of
section 16 of No.
subsection (2)— 24 of 2011.

(a) by deleting paragraph (b) and substituting therefor

the following new paragraph—
(a) the day or days for registration of candidates
for the parliamentary election;
(b) by deleting the word “nomination” appearing in
paragraph (c) and substituting therefor the words
“registration of candidates”.
8. Section 17 of the principal Act is amended in Amendment of
section 16 of No.
subsection (2)— 24 of 2011.

(a)! by deleting paragraph (a) and substituting therefor

the following new paragraph—
(a) the day or days for registration of candidates
for the governor election;
(b)!by deleting the word “nomination” appearing in
paragraph (b) and substituting therefor the words
“registration of candidates”.
9. Section 19 of the principal Act is amended in Amendment of
section 19 of No.
subsection (2)— 24 of 2011.

(a)! by deleting paragraph (b) and substituting therefor

the following new paragraph—
(a) the day or days for registration of candidates
for the county elections; and
118 The Elections (Amendment) Bill, 2024

(b)!by deleting the word “nomination” appearing

in paragraph (c) and substituting therefor the
word “registration”.
10. Section 22 of the principal Act, is amended— Amendment of
section 22 of No.
24 of 2011.
(a)! in the marginal note by deleting the word
“nomination” and substituting therefor the word
“registration”;
(b)!in subsection (1) by—
(i)! deleting the word “nominated” appearing in
the introductory phrase and substituting
therefor the word “registered”;
(ii) deleting paragraph (b); and
(c)! in subsection (2), by deleting the word
“nominated” and substituting therefor the word
“registered”.
11. Section 23 of the principal Act is amended— Amendment of
section 23 of No.
24 of 2011.
(a)! in the marginal note, by deleting the word
“nomination” and substituting therefor the word
“registration”;
(b)!in the introductory phrase of subsection (1) by
deleting the word “nomination” appearing
immediately after the words “person qualifies” and
substituting therefor the word “registration”; and
(c)! in the introductory phrase of subsection (2) by
deleting the word “nomination” appearing
immediately after the words “not qualified for”
and substituting therefor the word “registration”.
12. Section 24 of the principal Act is amended— Amendment of
section 24 of No.
24 of 2011.
(a)! in the marginal note by deleting the word
“nomination” and substituting therefor the word
“registration”; and
(b)!in the introductory phrase of subsection (1) by
deleting the word “nomination as a” and
substituting therefor the words “registration as a
candidate for election to the office of”.
 The Elections (Amendment) Bill, 2024 119

13. Section 25 of the principal Act is amended— Amendment of

section 25 of No.
24 of 2011.
(a)! in the marginal note by deleting the word
“nomination” and substituting therefor the word
“registration”;
(b)!in the introductory phrase of subsection (1) by
deleting the word “nomination as a” and
substituting therefor the words “registration as a
candidate for election to the office of”;
14. Section 27 of the principal Act is amended by Amendment of
section 27 of No.
inserting the following new subsection immediately after 24 of 2011.
subsection (1A)—
(lB) Notwithstanding the provisions under subsection
(1) a coalition political party shall, within fourteen days of
registration, submit to the Commission a copy of the
coalition political party’s nomination rules certified by the
Registrar of Political Parties.
15. Section 31of the principal Act is amended— Amendment of
section 31 of No.
24 of 2011.
(a)! by deleting subsection (2);
(b)!by deleting subsection (2B);
(c)! by deleting subsection (2C);
(d)!by deleting subsection (2E); and
(e)! by deleting subsection (2F).
16. Section 32 of the principal Act is amended— Amendment of
section 32 of No.
24 of 2011.
(a)! in subsection (1) by deleting the words
“nomination day” appearing immediately after the
words “days before” and substituting therefor the
words “the date for registration of candidates; and
(b)!in subsection (lA) by deleting the word
“nomination” appearing immediately after the
words “days before” and substituting therefor the
words “the date for registration of candidates”.
17. Section 33 of the principal Act is amended— Amendment of
section 323of No.
24 of 2011.
(a)! in the marginal note by deleting the word
“nomination” and substituting therefor the word
“registration”;
120 The Elections (Amendment) Bill, 2024

(b)!in subsection (1)—

(i) by deleting the word “nominated” appearing
in the introductory phrase and substituting
therefor the word “registered”;
(ii) by deleting the words “nomination paper”
appearing in paragraph (b) and substituting
therefor the words “registration of candidates
Form”;
(iii) by deleting the words “nomination day”
appearing in paragraph(c) and substituting
therefor with the words “date gazette for
registration of candidates”;
(iv) by deleting paragraph (d); and
(c)! by deleting subsection (2).
18. The principal Act is amended by inserting the Amendment of
section 33 of No.
following new section immediately after section 33— 24 of 2011.
Publication of 33A. The Commission shall publish in
registered candidates.
the Gazette the names of political party
candidates and independent candidates
registered to contest in an election.
19. Section 34 of the principal Act is amended- Amendment of
section 34 of No.
24 of 2011.
(a)! by inserting the following new subsections
immediately after subsection 8—
(8A) A person shall not be nominated by a
political party under subsection (4) unless the
person is, on the date of submission of the party
list by the political party, a registered voter in any
of the wards in the county in which the person is
nominated.
(8B) The nomination under subsection (4) by a
political part shall ensure equitable representation
from all wards comprising the respective county.
(b)!by deleting subsection (9).
20. The principal Act is amended by insetting the Insertion of new
section 38A to No
following new section immediately after section 38 – 24 of 2011.
Gazettement of 38A. (1) The Commission shall —
polling station.
 The Elections (Amendment) Bill, 2024 121

(a)! appoint a place or places or

designate a vehicle or vehicles or a
vessel or vessels as a polling station
or polling stations for each electoral
area; and
(b)!publish in the Gazette and publicise
through electronic and print media
of national circulation and other
easily accessible medium, a notice
specifying the polling stations
established for each electoral area
at least three months before the date
of any election.
(2) No election shall be conducted in a
place other than a place gazetted as a polling
station under subsection (1).
21. Section 38A of the principal Act be amended by Amendment of
section 38A of
renumbering it 38B. No. 24 of 2011.

22. The principal Act is amended by deleting section Deletion and

substitution of
39 and substituting therefor the following new section— section 39 of No.
24 of 2011.
Determination and 39.(1) The Commission shall
declaration of results.
determine, declare and publish the results of
an election immediately after the close of
polling and results declared at the polling
station shall be final.
(2) The Commission shall appoint
constituency returning officers to be
responsible for-
(a) tallying, announcement and
declaration, in the prescribed form,
of the final results from each
polling station in a constituency for
the election of a member of the
National Assembly and members of
a county assembly;
(b) collating, announcing and declaring
the results from each polling station
in the constituency for the election
of the President, county Governor,
122 The Elections (Amendment) Bill, 2024

Senator and county women

representative to the National
Assembly; and
(c) submitting, in the prescribed form,
the collated results for the election
of the President to the national
tallying centre and the collated
results for the election of the county
Governor, Senator and county
women representative to the
National Assembly to the respective
county returning officer.
(3) The Commission shall appoint
county returning officers to be responsible
for tallying, announcement and declaration,
in the prescribed form, of final results from
constituencies in the county for purposes of
the election of the county Governor, Senator
and county women representative to the
National Assembly.
(4) For purposes of a presidential
election, the Commission shall—
(a)! tally, announce and declare the
results before tallying, announcing
and declaring results for the other
elective positions;
(b)!electronically transmit the results
within two hours of the declaration
of the result from a polling station
to the constituency tallying centre,
national tallying centre, the
candidates or their agents and
observers;
(c)! where the results are not
transmitted in accordance with
paragraph (b), provide reasons in a
prescribed form;
(d)!physically deliver the tabulated
results from a polling station to the
 The Elections (Amendment) Bill, 2024 123

constituency tallying centre and to

the national tallying centre;
(e)! tally and verify the results received
at the constituency tallying centre
and the national tallying centre; and
(f)! publish the polling result forms on
an online public portal maintained
by the Commission.
(5) The Commission shall verify that
the results transmitted under this section are
an accurate record of the results tallied,
verified and declared at the respective
polling stations.
(6) The Chairperson of the Commission
shall declare the results of the election of the
President in accordance with Article 138(10)
of the Constitution.
(7) The Chairperson may declare a
candidate elected as the President before all
the constituencies have transmitted their
results if the Commission is satisfied that the
results that have not been received will not
affect the result of the election.
(8) The Commission shall announce the
final results in the order in which the
tallying and verification of the results is
completed.
(9) The Commission shall, to facilitate
public information, allow a candidate and
their agent, observers and person authorised
to access a polling station or tallying centre
to record and document the tallying,
announcement and declaration of results.
23. Section 44 of the principal Act is amended by Amendment of
section 44A of
inserting the following new subsection immediately after No. 24 of 2011.
subsection (4) –
(4A) In procuring the technology, the Commission
shall ensure that –
124 The Elections (Amendment) Bill, 2024

(i)! the supplier or their associates have not been

found guilty of violating any procurement law,
committed a crime, violated professional standards
or been barred from participating in public
procurement in any jurisdiction; and
(ii)!subject to this Act, the Access to Information Act,
the Data Protection Act and the right to intellectual
property, the technology is accessible and
available for scrutiny by candidates, courts and
such other persons as required under the law.
24. Section 44A of the principal Act is amended- Amendment of
section 44A of
No. 24 of 2011.
(a)! by renumbering the existing provision as
subsection (1);
(b)!by inserting the words “and transmission of
election results” immediately after the words
“identification of voters”; and
(c)! by inserting the following immediately after
subsection (1)—
(2) The Commission shall make Regulations
for the better carrying into effect the provisions of
this section.
25. The principal Act is amended by deleting section Amendment of
section 45 of No.
45 24 of 2011.

26. Section 46 of the principal Act is amended in Amendment of

section 46 of No.
subsection (1) by- 24 of 2011.

(a)! deleting subparagraph (ii) appearing in paragraph

(b); and
(b)!deleting paragraph (c).
27. The principal Act is amended by deleting section Amendment of
section 48 of No.
48. 24 of 2011.

28. Section 74 of the principal Act is amended by Amendment of

section 74 of No.
inserting the following new subsection immediately after 24 of 2011.
subsection (1)—
(lA) An electoral dispute under subsection (1)
shall be lodged with the Commission within seventy-
two hours after the close of registration of all
candidates in that election.
 The Elections (Amendment) Bill, 2024 125

29. Section 75 of the principal Act is amended by Amendment of

section 75 of No.
inserting the following subsection immediately after 24 of 2011.
subsection (4)—
(5) The determination of the appeal under section (4)
by the High Court shall be final.
30. The principal Act is amended by inserting the Insertion of new
section 82A in
following new section immediately after section 82 – No. 24 of 2011.

Access to 82A. (1) The Commission shall ensure

information.
access to information including any
technology used in elections in accordance
with the Access to Information Act, the Data
Protection Act and the Independent
Electoral and Boundaries Commission Act.

(2) Where a request for access is made

pursuant to scrutiny of votes, the
Commission shall facilitate access –

(a)! in the case of a presidential

election, within three days of the
date of the request; and

(b)!in the case of any other elective

position, within seven days of the
date of the request.

(3) The Commission shall not charge

fees where the information requested is
provided in softcopy format.

(4) Where information requested is to

be provided in hardcopy format, the
Commission may charge a prescribed fee for
the provision of the information and the fee
shall not exceed the actual costs of making
copies of such information and if applicable,
supplying them to the applicant.
31. The principal Act is amended by inserting the Insertion of new
part in No. 24 of
following new sub-part immediately after section 87- 2011.
126 The Elections (Amendment) Bill, 2024

Evaluation of electoral process

Evaluation of 87A. (1) The Commission shall,
elections.
pursuant to the provisions of Article 88
(4)(h) of the Constitution, carry out an
evaluation of the electoral process within
one year of a general election.
(2) An evaluation under subsection (1)
shall include-
(a)!a review of the legal framework
under which the general elections
were conducted;
(b)!an audit of the Register of Voters
used during the election;
(c)!a review of the role of media and
civil society in the elections;
(d)!a review of the voting procedures
on election day;
(e)!a review of the vote counting
procedures on election day;
(f)! a review of the elections
information and communication
technology deployed in the conduct
of the general elections;
(g)!a review of the human resource
deployed for the conduct of the
general elections;
(h)!a review of the existing elections
disputes resolution mechanisms;
and
(i)! a review of the cost of conducting
the general elections including the
procurement of the necessary goods
and services.
Reports. 87C. (1) The Commission shall prepare
and submit to Parliament a report on the
evaluation process undertaken under section
87B
(2) The Commission shall publish and
publicize a report prepared under subsection
(1).
 The Elections (Amendment) Bill, 2024 127

MEMORANDUM OF OBJECTS AND REASONS

Statement of Objects and Reasons
The principal object of this Bill is to amend the Elections Act, 2011.
Clause 2 of the Bill proposes to amend section 2 of the Act by
providing for new definitions for the terms nomination, political party and
nomination day. Further, clause 2 proposes to insert the word “valid”
immediately before the words “Kenyan passport” in the definition of
“identification document and to insert in the interpretation section the
definition of the term “registration of candidates “
Clause 3 of the Bill proposes to amend section 5 of the Act which
provides for registration of voters by –
(a)! inserting the words “within the affected electoral area”
immediately after the words “such by–election” in subsection
(1)(b); (to clarify that suspension of voter registration and
revision of the register of voters applies only to the electoral area
affected by a by-election)
(b)!inserting the words “of the referendum question” immediately
after the word “publication” in subsection (1)(ba);
(c)! inserting the word “valid” immediately before the words “Kenyan
passport” in subsection (3); and
(d)!inserting a new subsection (3A) which provides that persons
registered as voters during the period when registration of voters
is suspended by reason of a by-election shall not be eligible to
contest in the electoral area affected by the by-election.
Clause 4 of the Bill proposes to amend section 6 of the Act which
provides for inspection of register of voters by deleting subsections (1)
and (2) and substituting therefor with new subsections providing for the
inspection of register of voters by members of the public and rectification
of particulars of voters as well as the exceptions when the IEBC shall not
be expected to rectify the particulars of voters.
Clause 5 of the Bill proposes to amend section 8A by deleting
subsection (3) which provides for audit of the register of voters by a
professional reputable firm for purposes of the first general election after
commencement of the Act.
Clause 6, 7, 8, 9, 10, 11, 12 and 13 of the Bill proposes to amend
sections 14, 16, 17, 19, 22, 23, 24, and 25 by deleting the word
“nominations” and substituting it with “registration of candidates” so as to
differentiate the roles of IEBC and those of the Registrar of political
128 The Elections (Amendment) Bill, 2024

parties. Additionally, clauses 7 and 9 deletes submission of party lists in

respect of Parliament and County Assemblies to IEBC by political parties.
Further clause 10 of the Bill proposes to delete section 22(1)(b) that set
out the education requirements for Member of Parliament or County
Assembly. These requirements were declared unconstitutional in Wambui
& 10 others v Speaker of the National Assembly & 6 others Constitutional
Petition 28 of 2021 & Petition E549, E077, E037 & E065 of 2021
(Consolidated)
Clause 14 of the Bill proposes to amend section 27 by inserting a
new subsection (1B) to provide that a coalition party shall within 14 days
of registration submit to IEBC a copy of its nomination rules certified by
the Registrar of political parties.
Clause 15 of the Bill proposes to amend section 31 which provides
for nomination of political party candidates by deleting subsection (2),
(2B), (2C), (2E) and (2F) which provide for –
(a)! that IEBC shall upon request by a political party, conduct and
supervise nomination of candidates by the political party for
presidential, parliamentary, or county elections in accordance
with article 88 of the constitution;
(b)!the submission to the IEBC of the names of the persons
contesting party primary and the date of the party primary, and
publication of these information in the Gazette by IEBC; and
(c)! the requirement that Parliament shall appropriate monies for the
effective implementation of the section.
Clause 16 of the Bill proposes to amend section 32 which provides
for approval of symbol for independent candidate by deleting the words
“nomination day” and “nomination” and substituting them with the words
“the date for registration”; and “registration” respectively.
Clause 17 of the Bill proposes to amend section 33 which provides
for nomination of independent candidates –
(a)! in subsection (1) by deleting the word “nomination” and
substituting therefor the word “registration”;
(b)!in subsection (1) deleting the words “nomination paper” in
paragraph (b) and substituting therefor the words “registration of
candidates Form”, and in paragraph (c) by deleting the words
“nomination day” and substituting therefor the words “date
gazetted for registration of candidates”; and
 The Elections (Amendment) Bill, 2024 129

(c)! deleting subsection (2) which provide for the publication in the
Gazette of the names of persons intending to contest in the
election as independent candidates.
Clause 18 of the Bill proposes to amend the Act by inserting new
section 33A to provide for publication in the Gazette of party candidates
and independent candidates registered to contest in an election.
Clause 19 of the Bill proposes to amend section 34 which provide for
nomination of party lists members by inserting new sections (8A) and
(8B) to provide that a person can only be nominated as a member of a
county assembly if such a person is a registered voter in a ward within a
county the person is to be nominated, and the need to ensure equitable
representation from all wards comprising the respective county as regards
nominations.
Clause 20 of the Bill proposes to amend the Act by inserting a new
section 38A to provide for the designation of polling stations by the IEBC
and publishing them in the Gazette at least three months before the date of
any election. Further, the new section provides that elections shall not be
conduct in a place not designated as a polling station.
Clause 22 of the Bill proposes to repeal section 39 which provides
for determination and declaration of results and substitute it with a new
section. The new section proposes that results at the polling station shall
be final, and the presidential election shall be tallied, announced and
declared and electronically transmitted before all other elective positions.
Further, the new section has omitted provisions providing for –
(a)! where there is a discrepancy between the electronically
transmitted and the physically delivered results the result which is
an accurate record of the results tallied, verified and declared at
the respective polling station shall prevail;
(b)!any failure to transmit or publish the election results in an
electronic format shall not invalidate the result as announced and
declared; and
(c)! the requirement for IEBC to establish a mechanism for the live-
streaming of results as announced at polling stations to facilitate
public information.
Clause 23 of the Bill proposes to amend section 44 which provides
for technology to provide that the Commission shall ensure that a supplier
of technology to be used shall not been found guilty of violating any
procurement law or committed a crime anywhere in the world.
130 The Elections (Amendment) Bill, 2024

Additionally, the amendment seeks to provide for access accessible and

available for scrutiny of the technology subject to the applicable laws.
Clause 24 of the Bill proposes to amend section 44A of the act which
provides for complementary mechanism for identification of voters by
inserting the words “and transmission of election results” and mandating
IEBC to make Regulations for better carrying into effect the provisions of
section 44A.
Clause 25 of the Bill proposes to delete section 45 of the Act which
provides for conditions under which a Member of Parliament may be
recalled. These provisions were declared unconstitutional in Katiba
Institute & another v Attorney General & another Constitutional Petition
No. 209 of 2016 [Formerly Kisumu Petition Number 9 of 2016]
Clause 26 of the Bill proposes to delete the provisions of section
46(1)(b)(ii) and (c) that required that a petition to recall a member of
parliament must be signed by a petitioner who was registered to vote in
the election in respect of which the recall is sought and that the petition
must be accompanied by an order of the High Court. These provisions
were declared unconstitutional in Katiba Institute & another v Attorney
General & another Constitutional Petition No. 209 of 2016 [Formerly
Kisumu Petition Number 9 of 2016]
Clause 27 of the Bill proposes to delete section 48 of the Act which
presently provides that a recall election shall be valid if the number of
voters who concur in the recall election is at least fifty percent of the total
number of registered voters in the affected county or constituency. This
provision was declared unconstitutional in Katiba Institute & another v
Attorney General & another Constitutional Petition No. 209 of 2016
[Formerly Kisumu Petition Number 9 of 2016]
Clause 28 of the Bill proposes to amend section 74 which provides
for settlement of certain disputes by IEBC by inserting a new subsection
(1A) requiring that a dispute shall be lodged within 72-hours after the
close of registration of all candidates in that election.
Clause 29 of the Bill proposes to amend section 75 which provides
for county election disputes by inserting a new subsection (5) to provide
that the decision of the High Court on an appeal on the validity of election
of a member of a county assembly shall be final.
Clause 30 of the proposes to insert a new section 82A to provide for
access to information held by the IEBC. Where such information is
required for purposes of scrutiny of votes, the information shall be
provided within three days in the case of a presidential election, and
within seven days in the case of all other elective positions.
 The Elections (Amendment) Bill, 2024 131

Clause 31 of the Bill proposes to insert new sections 87A, 87B and
87C to provide for the appointment by Parliament of an independent firm
to carry out an evaluation of the electoral process after a general election.
The evaluation shall include a review of the legal framework, processes
and costs associated with the electoral process. The proposed new
provisions require the preparation of a report for submission to Parliament
within ninety days of the appointment of the independent firm.
Statement on the delegation of legislative powers and limitation of
fundamental rights and freedoms
The Bill does not delegate legislative powers nor does it limit
fundamental rights and freedoms.
Statement that the Bill is not a money Bill within the meaning of
Article 114 of the Constitution
The Bill is not a money Bill within the meaning of Article 114 of the
Constitution.
Dated the 6th March, 2024.
AARON CHERUIYOT, STEWARTS MADZAYO,
Senate Majority Leader. Senate Minority Leader.
132 The Elections (Amendment) Bill, 2024

Section 2 of the Act which it is proposed to amend

2. In this Act, unless the context otherwise requires—
“adult” has the meaning assigned to it in Article 260 of the
Constitution;
“agent” means a person duly appointed by—
(a) a political party or an independent candidate for the purposes of
an election under this Act; or
(b) a referendum committee for the purposes of a referendum under
this Act, and includes a counting agent and a tallying agent;
“ballot box” means a transparent container with a slot on the top
sufficient to accept a ballot paper in an election or in a referendum but
which prevents access to the votes cast until the closing of the voting
period;
“ballot paper” means a paper used to record the choice made by a
voter and shall include an electronic version of a ballot paper or its
equivalent for purposes of electronic voting;
“campaign period” means the period specified as such in the notice
issued by the Commission in relation to an election;
“candidate” means a person contesting for an elective post;
“Commission” means the Independent Electoral and Boundaries
Commission established under Article 88 of the Constitution;
“constituency” means one of the constituencies into which Kenya is
divided under Article 89 of the Constitution;
“constituency register" means the register of voters compiled in
respect of each constituency by the Commission;
“county” means the counties into which Kenya is divided under
Article 6 (1) of the Constitution and specified in the First Schedule of the
Constitution;
“county assembly” means a county assembly constituted in
accordance with Article 177 of the Constitution;
“county election" means the election of a county governor or a
member of a county assembly;
“disability” has the meaning assigned to it in Article 260 of the
Constitution;
 The Elections (Amendment) Bill, 2024 133

“election” means a presidential, parliamentary or county election and

includes a by-election;
“electoral area” means a constituency, a county or a ward;
“election court” means the Supreme Court in exercise of the
jurisdiction conferred upon it by Article 163 (3) (a) or the High Court in
the exercise of the jurisdiction conferred upon it by Article 165 (3) (a) of
the Constitution and the Resident Magistrate’s Court designated by the
Chief Justice in accordance with section 75 of this Act;
“election material” means ballot boxes, ballot papers, counterfoils,
envelopes, packets statements and other documents used in connection
with voting in an election and includes information technology equipment
for voting, the voting compartments, instruments, seals and other materials
and things required for the purpose of conducting an election;
“election material” means ballot boxes, ballot papers, counterfoils,
envelopes, packets statements and other documents used in connection
with voting in an election and includes information technology equipment
for voting, the voting compartments, instruments, seals and other materials
and things required for the purpose of conducting an election;
"election offence" means an offence under this Act;
“elections officer” means a person appointed by the Commission for
the purposes of conducting an election under this Act;
“election period” means the period between the publication of a
notice by the Commission for a presidential, parliamentary or county
election under sections 14, 16, 17 and 19 and the Gazettement of the
election results;
“election results” means the declared outcome of the casting of votes
by voters at an election;
“harambee” means the public collection of monies or other property
in aid or support of a cause or a project;
“identification document” means a Kenyan national identification
card or a Kenyan passport;
“illegal practice” means an offence specified in Part VI;
“independent candidate” means a candidate for presidential,
parliamentary or county elections who is not a member of a political party;
“nomination” means the submission to the Commission of the name
of a candidate in accordance with the Constitution and this Act;
134 The Elections (Amendment) Bill, 2024

“nomination day” in respect of an election, means the day gazetted by

the Commission as the day for the nomination of candidates for that
election
“observer” means a person or an organisation accredited by the
Commission to observe an election or a referendum;
“party list” means a party list prepared by a political party and
submitted to the Commission pursuant to and in accordance with Article
90 of the Constitution and sections 28, 34, 35, 36 and 37;
“parliamentary election” means the election of one or more members
of Parliament;
“petition” means an application to the election court under the
Constitution or under this Act;
“political party” has the meaning assigned to it in Article 260 of the
Constitution;
“polling station” means any room, place, vehicle or vessel set apart
and equipped for the casting of votes by voters at an election;
“presidential election” means an election of a President in accordance
with Articles 136, 139 (1) (b) and 146 (2) (b) of the Constitution;
“Principal Register of Voters” means a current register of persons
entitled to vote at an election prepared in accordance with section 3 and
includes a register that is compiled electronically;
“public officer” has the meaning assigned to it in Article 260 of the
Constitution;
“public resources” include—
(a) any vehicle, or equipment owned by or in the possession; or (b)
premises owned or occupied by, any government, state organ,
statutory corporation ora company in which the Government
owns a controlling interest;
“referendum” means a poll held under Part V;
“referendum committee” means a national or a parliamentary
constituency committee comprising of persons intending to support or
oppose a referendum question;
“referendum officer” means a person appointed by the Commission
for the purpose of conducting a referendum;
“referendum question” means a question upon which voters shall
vote in a referendum as specified in section 49;
 The Elections (Amendment) Bill, 2024 135

“registration officer” means a person appointed by the Commission

for the purpose of preparing a register of voters;
“returning officer” means a person appointed by the Commission for
the purpose of conducting an election or a referendum under this Act;
“supporter” means a voter who supports the nomination of a
candidate;
“vessel” includes any ship, boat or any other description of vessel
used in navigation;
“voter” means a person whose name is included in a current register
of voters;
“voting period” means the period specified as such in the notice
issued by the Commission in relation to an election;
“ward’ means an electoral area within a county delimited in
accordance with Article 89 of the Constitution.
Section 5 of the Act which it is proposed to amend
5. (1) Registration of voters and revision of the register of voters
under this Act shall be carried out at all times except—
(a)! in the case of a general election or an election under Article
138(5) of the Constitution, between the date of commencement of
the sixty day period immediately before the election and the date
of such election;
Provided that this applies to the first general election under
this Act.
(b)!in the case of a by-election, between the date of the declaration of
the vacancy of the seat concerned and the date of such by-
election; or
(c)! in any other case, between the date of the declaration of the
vacancy of the seat concerned and the date of such election.
(2) Notwithstanding subsection (1), where an election petition is filed
in respect of an electoral area, between the date of the filing of the petition
and the date of the by-election, where a court determines that a by-election
is to be held, a voter shall not be allowed to transfer his or her vote to the
affected electoral area.
(3) Any citizen of Kenya who has attained the age of eighteen years
as evidenced by either a national identity card or a Kenyan passport and
whose name is not in the register of voters shall be registered as a voter
upon application, in the prescribed manner, to the Commission.
136 The Elections (Amendment) Bill, 2024

(3A) Despite subsection (3), a citizen who has attained the age of
eighteen years and has registered for an identification card and is in the
possession of an acknowledgement of registration certificate shall, upon
application, be registered as a voter using the acknowledgement of
registration certificate, but may only vote using an identification card.
(3B) For purposes of this section, an acknowledgment of registration
certificate means a certificate issued by a registration officer under the
Registration of Persons Act to a person who has applied for an
identification card, pending the issuance of that card.
(4) All applicants for registration under this section shall be
registered in the appropriate register by the registration officer or any
other officer authorised by the Commission.
(5) The registration officer or any other authorised officer referred to
in subsection (3) shall, at such times as the Commission may direct,
transmit the information relating to the registration of the voter to the
Commission for inclusion in the Principal Register of voters.
Section 6 of the Act which it is proposed to amend
6. (1) The Commission shall cause the Principal Register of Voters to
be opened for inspection by members of the public at all times for the
purpose of rectifying the particulars therein, except for such period of time
as the Commission may consider appropriate.
(2) The Commission shall, within sixty days from the date of the
notice for a general election, open the Principal Register of Voters for
inspection for a period of at least fourteen days or such period as the
Commission may consider necessary.
(3) The Commission shall, upon expiry of the period for inspection
specified under subsection (1), compile the amendments to the register of
voters and as soon as practicable thereafter, at least fourteen days before
an election—
(a) publish a notice in the Gazette to the effect that such compilation
has been completed; and
(b) cause to be transmitted to every registration officer, a copy of the
part of the Principal Register of Voters relating to the
constituency for which the registration officer is responsible to be
kept in safe custody.
(4) The Principal Register of Voters shall be kept at the headquarters
of the Commission and copies of the part of the Principal Register of
 The Elections (Amendment) Bill, 2024 137

Voters relating to the constituency for which the registration officer is

responsible shall be kept at all the constituency offices of the Commission.
Section 8A of the Act which it is proposed to amend
8(1) The Commission may, at least six months before a general
election, engage a professional reputable firm to conduct an audit of the
Register of Voters for the purpose of—
(a)! verifying the accuracy of the Register;
(b) recommending mechanisms of enhancing the accuracy of the
Register; and
(c) updating the register.
(2) The Kenya Citizens and Foreign Nationals Management Service
established under section 3 of the Kenya Citizens and Foreign Nationals
Management Service Act (No. 3 of 2011) shall make available to the
Commission the information held by it in the national population register
for the purpose of the conduct of an audit under subsection (1).
(3) For purposes of the first general election after the commencement
of this section, the Commission shall, within thirty days of the
commencement of this section, engage a professional reputable firm to
conduct an audit of the Register of Voters for the purpose of —
(a) verifying the accuracy of the Register;
(b) recommending mechanisms of enhancing the accuracy of the
Register; and
(c) updating the register.
(4) The firm engaged under subsection (3) shall conduct the audit and
report to the Commission within a period of thirty days from the date of
engagement.
(5) The Commission shall, within fourteen days of receipt of the
report under subsection (4), submit the report to the National Assembly
and the Senate.
(6) The Commission shall implement the recommendations of the
audit report within a period of thirty days of receipt of the report and
submit its report to the National Assembly and the Senate.
Section 14 of the Act which it is proposed to amend
14. (1) Whenever a presidential election is to be held, the
Commission shall publish a notice of the holding of the election in the
Gazette and in electronic and print media of national circulation—
138 The Elections (Amendment) Bill, 2024

(a) in the case of a general election, at least sixty days before the date
of the election; or
(b) in the case of an election under Article 138(5) of the Constitution,
at least twenty-one days before the date of the election;
(c) in any other case, upon the office of the President becoming
vacant.
(2) The notice referred to in subsection (1) shall be in the prescribed
form and shall specify—
(a) the nomination day for the presidential election; and
(b) the day or days on which the poll shall be taken for the
presidential election, which shall not be less than twenty-one days
after the day specified for nomination.
Section 16 of the Act which it is proposed to amend
16. (1) Whenever a parliamentary election is to be held, the
Commission shall publish a notice of the holding of the election in the
Gazette and in the electronic and print media of national circulation—
(a) in the case of a general election, at least sixty days before the date
of the general election; or
(b) in any other case, upon the office of a member of Parliament
becoming vacant and on receipt of a notice issued by the
respective Speaker under subsection (2).
(2) The notice referred to under subsection (1) shall be in the
prescribed form and shall specify—
(a) the day upon which political parties shall submit a party list in
accordance with Article 90 of the Constitution;
(b) the day for the nomination of candidates for the parliamentary
election; and
(c) the day or days on which the poll shall be taken for the election,
which shall not be less than twenty-one days after the day
specified for nomination under paragraph (b).
(3) Whenever a vacancy occurs in the National Assembly or the
Senate, the respective Speaker shall issue a notice in accordance with
Article 101 of the Constitution.
(4) The Commission shall within twenty-one days of receipt of the
notice issued under subsection (2), transmit the notice to the relevant
returning officer.
 The Elections (Amendment) Bill, 2024 139

Section 17 of the Act which it is proposed to amend

17. Initiation of county governor election
(1) Whenever an election for a county governor is to be held, the
Commission shall publish a notice of the holding of the election in the
Gazette and in the electronic and print media of national circulation —
(a) in the case of a general election, at least sixty days before the date
of the general election; or
(b) in any other case, upon the office of the county governor
becoming vacant.
(2) The notice referred to in subsection (1) shall be in the prescribed
form and shall specify—
(a) the day for the nomination of candidates for the county governor
election; and
(b) the day or days on which the poll shall be taken for the county
governor election, which shall not be less than twenty-one days
after the day specified for nomination.
Section 19 of the Act which it is proposed to amend
19. (1) Whenever a county assembly election is to be held, the
Commission shall publish a notice of the holding of the election in the
Gazette and in the electronic and print media of national circulation—
(a) in the case of a general election, at least sixty days before the date
of general election; or
(b) in any other case, upon the office of a member of a county
assembly becoming vacant.
(2) The notice referred to under subsection (1) shall be in the
prescribed form and shall specify—
(a) the day upon which political parties shall submit a party list in
accordance with Article 90 of the Constitution;
(b) the day for the nomination of candidates for county elections; and
(c) the day or days on which the poll shall be taken for the county
election, which shall not be less than twenty-one days after the
day specified for the nomination under paragraph (b).
(3) Whenever a vacancy occurs in a county assembly, the speaker of
the county assembly shall within twenty-one days after the occurrence of
the vacancy issue a notice to the Commission in the prescribed form.
140 The Elections (Amendment) Bill, 2024

(4) The Commission shall within twenty-one days of receipt of the

notice issued under subsection (3), transmit the notice to the relevant
returning officer.
Section 22 of the Act which it is proposed to amend
22.Qualifications for nomination of candidates
(1) A person may be nominated as a candidate for an election under
this Act only if that person—
(a) is qualified to be elected to that office under the Constitution and
this Act; and
(b) holds—
(i) in the case of a Member of Parliament, a degree from a
university recognized in Kenya; or
(ii) in the case of member of a county assembly, a degree from a
university recognized in Kenya.
(1A) Notwithstanding subsection (1), this section shall come
into force and shall apply to qualifications for candidates
in the general elections to be held after the 2017 general
elections.
(1B) The provisions of this section apply to qualifications to
nomination for a party list member under section 34.
(2) Notwithstanding subsection (1)(b), a person may be nominated as
a candidate for election as President, Deputy President, county Governor
or deputy county Governor only if the person is a holder of a degree from
a university recognised in Kenya.
(2A) For the purposes of the first elections under the Constitution,
section 22 (1) (b) and section 24 (1) (b), save for the position of the
President, the Deputy President, the Governor and the Deputy Governor,
shall not apply for the elections of the offices of Parliament and county
assembly representatives.
Section 23 of the Act which it is proposed to amend
23. Qualifications and disqualifications for nomination as President
(1) A person qualifies for nomination as a presidential candidate if
the person—
(a) is a citizen by birth;
(b) is qualified to stand for election as a member of Parliament;
 The Elections (Amendment) Bill, 2024 141

(c) is nominated by a political party, or is an independent candidate;

and
(d) is nominated by not fewer than two thousand voters from each of
a majority of the counties.
(2) A person is not qualified for nomination as a presidential
candidate if the person—
(a) owes allegiance to a foreign state; or
(b) is a public officer, or is acting in any State or other public office.
(3) Subsection (2) (b) shall not apply to—
(a) the President;
(b) the Deputy President; or
(c) a member of Parliament.
Section 24 of the Act which it is proposed to amend
24. Qualifications and disqualifications for nomination as member of
Parliament
(1) Unless disqualified under subsection (2), a person qualifies for
nomination as a member of Parliament if the person—
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements
prescribed by the Constitution and this Act; and
(c) is nominated by a political party, or is an independent candidate
who is supported-
(i) in the case of election to the National Assembly, by at least
one thousand registered voters in the constituency; or
(ii) in the case of election to the Senate, by at least two thousand
registered voters in the county.
(2) A person is disqualified from being elected a member of
Parliament if the person—
(a) is a State officer or other public officer, other than a member of
Parliament;
(b) has, at any time within the five years immediately preceding the
date of election, held office as a member of the Commission;
(c) has not been a citizen of Kenya for at least the ten years
immediately preceding the date of election;
142 The Elections (Amendment) Bill, 2024

(d) is a member of a county assembly;

(e) is of unsound mind;
(f) is an undischarged bankrupt;
(g) is subject to a sentence of imprisonment of at least six months, as
at the date of registration as a candidate, or at the date of election;
or
(h) is found, in accordance with any law, to have misused or abused a
State office or public office or in any way to have contravened
Chapter Six of the Constitution.
(3) A person is not disqualified under subsection (2) unless all
possibility of appeal or review of the relevant sentence or decision has
been exhausted.
Section 25 of the Act which it is proposed to amend
25. Qualifications for nomination as member of county assembly
(1) Unless disqualified under subsection (2), a person qualifies for
nomination as a member of a county assembly if the person—
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements
prescribed the Constitution and this Act; and
(c) is either-
(i) nominated by a political party; or
(ii) an independent candidate supported by at least five hundred
registered voters in the ward concerned.
(2) A person is disqualified from being elected a member of a county
assembly if the person—
(a) is a State officer or other public officer, other than a member of
the county assembly;
(b) has, at any time within the five years immediately before the date
of election, held office as a member of the Commission;
(c) has not been a citizen of Kenya for at least the ten years
immediately preceding the date of election;
(d) is of unsound mind;
(e) is an undischarged bankrupt;
(f) is serving a sentence of imprisonment of at least six months; or
 The Elections (Amendment) Bill, 2024 143

(g) has been found, in accordance with any law, to have misused or
abused a State office or public office or to have contravened
Chapter Six of the Constitution.
(3) A person is not disqualified under subsection (2) unless all
possibility of appeal or review of the relevant sentence or decision has
been exhausted.
Section 27 of the Act which it is proposed to amend
27. Submission of party nomination rules
(1) A political party shall submit its nomination rules to the
Commission at least six months before the nomination of its candidates.
(1A) The Registrar of Political Parties shall certify the nomination
rules submitted under subsection (1).
(2) An amendment to the nomination rules shall only be effective
ninety days after submission of the amendments to the Commission.
(2A) Upon receipt of the nomination rules from a political party
under subsection (1), the Commission shall, within fourteen days, review
the rules to ensure compliance with the prescribed regulations and —
(a) issue the political party with a certificate of compliance; or
(b) require the political party to amend the rules to ensure such
compliance within fourteen days.
(2B) For purposes of subsection (2A), the Commission shall, by
notice in the Gazette, issue Regulations prescribing guidelines to be
complied with and the process by which political parties nominate
candidates for nomination in accordance with Article 88 (4) (d) of the
Constitution failing which the rules shall become void.
Section 31 of the Act which it is proposed to amend
31. Nomination of political party candidates
(1) A person qualifies to be nominated by a political party for
presidential, parliamentary and county elections for the purposes of
Articles 97, 98, 137, 177 and 180 of the Constitution if that person—
(a) is selected in the manner provided for in the constitution or rules
of the political party concerned relating to members of that party
who wish to contest presidential, parliamentary and county
elections; and
(b) subject to subsection (4), the party certifies the nomination to the
Commission.
144 The Elections (Amendment) Bill, 2024

(2) The Commission shall, upon the request of a political party,

conduct and supervise the nomination of candidates by the political party
for presidential, parliamentary or county elections in accordance with
Article 88 of the Constitution.
(2A) Every political party shall submit the names of the party
candidates who have been selected to participate in the general elections
under this Act at least sixty days before the elections.
(2B) A political party shall, at least twenty- one days before the
nomination day, submit to the Commission the names of the persons
contesting in its party primary and the date of its party primary.
(2C) The Commission shall publish, in the Gazette the names of the
persons contesting in a party primary under subsection (1) and the date of
the party primary within seven days of receipt of the names of party
candidates.
(2D) A candidate for a presidential, parliamentary or county election
shall be selected by persons who are members of the respective political
parties and whose names appear on the party membership list as submitted
to the Commission under section 28.
(2E) Where the Commission receives multiple requests under
subsection (2), the Commission shall conduct and supervise the
nomination of candidates for presidential, parliamentary or county
elections for all the requesting political parties —
(a) on the same day;
(b) in the same polling centres; and
(c) in different polling streams for each participating political party.
(2F) Parliament shall appropriate monies for the effective
implementation of this section.
(3) Every political party shall notify the Commission of the name of
the person authorised by the party to certify to the Commission that a
person has or persons have been selected by the party under subsection (1)
and the person or persons so named shall deposit his or their specimen
signature with the Commission in such manner as the Commission may
require.
(4) The authorised person or persons referred to in subsection (4)
shall, in writing, certify that a candidate has been nominated by the party.
Section 32 of the Act which it is proposed to amend
32. Approval of symbol for independent candidate
 The Elections (Amendment) Bill, 2024 145

(1) An independent candidate shall submit the symbol the candidate

intends to use during an election to the Commission at least twenty-one
days before nomination day.
(1A) Where there is a vacancy in the office of the Governor, an
independent candidate shall submit to the Commission, the symbol that
the person intends to use during an election at least seven days before
nomination.
(2) The Commission shall, upon receipt of the symbol submitted to it
under this section approve or reject the symbol.
(3) The Commission may refuse to approve the symbol of an
independent candidate if the symbol—
(a) is obscene or offensive;
(b) is the symbol of another candidate or of a political party; or
(c) so nearly resembles the symbol of another candidate or political
party or any other legal entity registered under any other written
law.
Section 33 of the Act which it is proposed to amend
33. Nomination of independent candidates
(1) A person qualifies to be nominated as an independent candidate
for presidential, parliamentary and county elections for the purposes of
Articles 97, 98, 137, 177, and 180 of the Constitution if that person—
(a) has not been a member of any political party for at least three
months preceding the date of the election;
(b) has submitted to the Commission, at least sixty days before a
general election, a duly filled nomination paper in such form as
may be prescribed by the Commission;
(c) has, at least ninety days before the date of a general election or at
least twenty one days before the date appointed by the
Commission as the nomination day for a by–election, submitted
to the Commission the name and symbol that the person intends
to use during the election; and
(d) is selected in the manner provided for in the Constitution and by
this Act.
(2) The Commission shall publish in the Gazette, the names of
persons intending to contest in the election as independent candidates at
least fourteen days before the nomination day.
146 The Elections (Amendment) Bill, 2024

Section 34 of the Act which it is proposed to amend

34.(1) The election of members for the National Assembly, Senate
and county assemblies for party list seats specified under Articles 97 (1)
(c) and 98 (1) (b) (c) and (d) and Article 177 (1) (b) and (c) of the
Constitution shall be on the basis of proportional representation and in
accordance with Article 90 of the Constitution.
(2) A political party which nominates a candidate for election under
Article 97 (1) (a) and (b) shall submit to the Commission a party list in
accordance with Article 97 (1) (c) of the Constitution.
(3) A political party which nominates a candidate for election under
Article 98 (1) (a) shall submit to the Commission a party list in accordance
with Article 98 (1) (b) and (c) of the Constitution.
(4) A political party which nominates a candidate for election under
Article 177 (1) (a) shall submit to the Commission a party list in
accordance with Article 177 (1) (b) and (c) of the Constitution.
(4A) In the case of a person nominated pursuant to Article 177(1) (c)
of the Constitution, the party list shall include a certification in the manner
prescribed by the Commission.
(5) The party lists under subsection (2), (3) and (4) shall be submitted
in order of priority.
(6) The party lists submitted to the Commission under this section
shall be in accordance with the constitution or nomination rules of the
political party concerned.
(6A) Upon receipt of the party list from a political party under
subsection (1), the Commission shall review the list to ensure compliance
with the prescribed regulations and —
(a) issue the political party with a certificate of compliance; or
(b) require the political party to amend the party list to ensure such
compliance failing which the Commission shall reject the list.
(6B) For purposes of subsection (6A), the Commission may, by
notice in the gazette, issue regulations prescribing guidelines to be
complied with in preparation of party lists.
(7) The party lists submitted to the Commission shall be valid for the
term of Parliament.
(8) A person who is nominated by a political party under subsection
(2), (3) and (4) shall be a person who is a member of the political party on
the date of submission of the party list by the political party.
 The Elections (Amendment) Bill, 2024 147

(9) The party list shall not contain a name of a candidate nominated
for an election.
(10) A party list submitted for purposes of subsection (2), (3), (4) and
(5) shall not be amended during the term of Parliament or the county
assembly, as the case may be, for which the candidates are elected.
Section 38A of the Act which it is proposed to amend
38A. Number of voters per polling station
For the purposes of providing efficient and effective conduct of
elections, the number of voters per polling station shall not exceed seven
hundred.
Section 39 of the Act which it is proposed to amend
39.(1) The Commission shall determine, declare and publish the
results of an election immediately after close of polling.
(1A) The Commission shall appoint constituency returning officers to
be responsible for—
(i) tallying, announcement and declaration, in the prescribed form,
of 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;
(ii) collating and announcing 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; and
(iii)! submitting, in the prescribed form, the collated results for the
election of the President to the national tallying centre and the
collated results for the election of the county Governor, Senator
and county women representative to the National Assembly to
the respective county returning officer.
(1B) The Commission shall appoint county returning officers to be
responsible for tallying, announcement and declaration, in the prescribed
form, of final results from constituencies in the county for purposes of the
election of the county Governor, Senator and county women
representative to the National Assembly.
(1C) For purposes of a presidential election, the Commission shall —
(a)! electronically transmit and physically deliver the tabulated results
of an election for the President from a polling station to the
constituency tallying centre and to the national tallying centre;
148 The Elections (Amendment) Bill, 2024

(b)!tally and verify the results received at the constituency tallying

centre and the national tallying centre; and
(c)! publish the polling result forms on an online public portal
maintained by the Commission.
(1D) The Commission shall verify that the results transmitted under
this section are an accurate record of the results tallied, verified and
declared at the respective polling stations.
(1E) Where there is a discrepancy between the electronically
transmitted and the physically delivered results, the Commission shall
verify the results and the result which is an accurate record of the results
tallied, verified and declared at the respective polling station shall prevail.
(1F) Any failure to transmit or publish the election results in an
electronic format shall not invalidate the result as announced and declared
by the respective presiding and returning officers at the polling station and
constituency tallying centre, respectively.
(1G) The Commission shall, to facilitate public information, establish
a mechanism for the live-streaming of results as announced at polling
stations, and the results so streamed shall be for purposes of public
information only and shall not be the basis for a declaration by the
Commission.
(1H) The chairperson of the Commission shall declare the results of
the election of the President in accordance with Article 138(10) of the
Constitution.
(2) The Chairperson may declare a candidate elected as the President
before all the constituencies have transmitted their results if the
Commission is satisfied the results that have not been received will not
affect the result of the election.
(3) The Commission shall announce the final results in the order in
which the tallying of the results is completed.
Section 44 of the Act which it is proposed to amend
44. Use of technology
(1) Subject to this section, there is established an integrated electronic
electoral system that enables biometric voter registration, electronic voter
identification and electronic transmission of results.
(2) The Commission shall, for purposes of subsection(1), develop a
policy on the progressive use of technology in the electoral process.
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(3) The Commission shall ensure that the technology in use under
subsection (1) is simple, accurate, verifiable, secure, accountable and
transparent.
(4) The Commission shall, in an open and transparent manner —
(a) procure and put in place the technology necessary for the conduct
of a general election at least one hundred and twenty days before
such elections; and
(b) test, verify and deploy such technology at least sixty days before a
general election.
(5) The Commission shall, in consultation with the relevant agencies,
institutions and stakeholders, make regulations for the better carrying into
effect the provisions of this section.
Section 44A of the Act which it is proposed to amend
44A. Complementary mechanism for identification of voters.
Notwithstanding the provisions of section 44, the Commission shall
put in place a complementary mechanism for identification of voters that
is simple, accurate, verifiable, secure, accountable and transparent to
ensure that the Commission complies with the provisions of Article 38 of
the Constitution.
Section 45 of the Act which it is proposed to amend
45.(1) The electorate in a county or constituency may recall their
member of Parliament before the end of the term of the relevant House of
Parliament on any of the grounds specified in subsection (2).
(2) A member of Parliament may be recalled where the member—
(a) is found, after due process of the law, to have violated the
provisions of Chapter Six of the Constitution;
(b) is found, after due process of the law, to have mismanaged public
resources;
(c) is convicted of an offence under this Act.
(3) A recall of a member of Parliament under subsection (1) shall
only be initiated upon a judgement or finding by the High Court
confirming the grounds specified in subsection (2).
(4) A recall under subsection (1) shall only be initiated twenty-four
months after the election of the member of Parliament and not later than
twelve months immediately preceding the next general election.
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(5) A recall petition shall not be filed against a member of Parliament

more than once during the term of that member in Parliament.
(6) A person who unsuccessfully contested an election under this Act
shall not be eligible, directly or indirectly, to initiate a petition under this
section.
Section 46 of the Act which it proposed to amend
46.(1)A recall under section 45 shall be initiated by a petition which
shall be filed with the Commission and which shall be—
(a) in writing;
(b) signed by a petitioner who—
(i) is a voter in the constituency or county in respect of which the
recall is sought; and
(ii) was registered to vote in the election in respect of which the
recall is sought;
(c) accompanied by an order of the High Court issued in terms of
section 45(3).
(2) The petition referred to in subsection (1) shall—
(a) specify the grounds for the recall as specified under section 45
(2);
(b) contain a list of such number of names of voters in the
constituency or county which shall represent at least thirty
percent of the registered voters; and
(c) be accompanied by the fee prescribed for an election petition.
(3) The list of names referred to in subsection (2) (b) shall contain the
names, address, voter card number, national identity card or passport
number and signature or thumb prints of the voters supporting the petition
and shall contain names of at least fifteen percent of the voters in more
than half of the wards in the county or the constituency, as appropriate.
(4) The voters supporting a petition under subsection (3) shall
represent the diversity of the people in the county or the constituency as
the case may be.
(5) The petitioner shall collect and submit to the Commission the list
of names under subsection (2) (b) within a period of thirty days after filing
the petition.
(6) The Commission shall verify the list of names within a period of
thirty days of receipt of that list.
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(7) The Commission, if satisfied that the requirements of this section

are met, shall within fifteen days after the verification, issue a notice of the
recall to the Speaker of the relevant House.
(8) The Commission shall conduct a recall election within the
relevant constituency or county within ninety days of the publication of
the question.
Section 48 of the Act which it is proposed to amend
48. A recall election shall be valid if the number of voters who
concur in the recall election is at least fifty percent of the total number of
registered voters in the affected county or constituency.
Section 74 of the Act which it is proposed to amend
74. Settlement of certain disputes
(1) Pursuant to Article 88 (4) (e) of the Constitution, the Commission
shall be responsible for the settlement of electoral disputes, including
disputes relating to or arising from nominations but excluding election
petitions and disputes subsequent to the declaration of election results.
(2) An electoral dispute under subsection (1) shall be determined
within ten days of the lodging of the dispute with the Commission.
(3) Notwithstanding subsection (2), where a dispute under subsection
(1) relates to a prospective nomination or election, the dispute shall be
determined before the date of the nomination or election, whichever is
applicable.
Section 75 of the Act which it is proposed to amend
75. County election petitions
(1) A question as to validity of a election of a county governor shall
be determined by High Court within the county or nearest to the county.
(1A) A question as to the validity of the election of a member of
county assembly shall be heard and determined by the Resident
Magistrate's Court designated by the Chief Justice.
(2) A question under subsection (1) shall be heard and determined
within six months of the date of lodging the petition.
(3) In any proceeding brought under this section, a court may grant
appropriate relief, including—
(a) a declaration of whether or not the candidate whose election is
questioned was validly elected;
(b) a declaration of which candidate was validly elected; or
(c) an order as to whether a fresh election will be held or not.