THE CONSTITUTION OF THE REPUBLIC OF KENYA - Revision history

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	=== Part 5 - Parliament’s General Procedures and Rules ===		=== Part 5 - Parliament’s General Procedures and Rules ===

			----
			See [[International Law]]

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Part 4 - Procedures for Enacting Legislation

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	=== Part 4 - Procedures for Enacting Legislation ===		=== Part 4 - Procedures for Enacting Legislation ===

			109. (1) Parliament shall exercise its legislative power through Bills passed by Parliament and assented to by the President.
			(2) Any Bill may originate in the National Assembly.
			(3) A Bill not concerning county government is considered only in the National Assembly, and passed in accordance with Article 122 and the Standing Orders of the Assembly.
			(4) A Bill concerning county government may originate in the National Assembly or the Senate, and is passed in accordance with Articles 110 to 113, Articles 122 and 123 and the Standing Orders of the Houses.
			(5) A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114.

			110. (1) In this Constitution, “a Bill concerning county government” means––
			(a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule;
			(b) a Bill relating to the election of members of a county assembly or a county executive; and
			(c) a Bill referred to in Chapter Twelve affecting the finances of county governments.
			(2) A Bill concerning county governments is––
			(a) a special Bill, which shall be considered under Article 111, if it––
			(i) relates to the election of members of a county assembly or a county executive; or
			(ii) is the annual County Allocation of Revenue Bill mentioned in Article 218; or
			(b) an ordinary Bill, which shall be considered under Article 112, in any other case.
			(3) Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.
			(4) When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House.
			(5) If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent.

			111. (1) A special Bill concerning a county government shall proceed in the same manner as an ordinary Bill concerning county government, subject to clauses (2) and (3).
			(2) The National Assembly may amend or veto a special Bill that has been passed by the Senate only by a resolution supported by at least two-thirds of the members of the Assembly.
			(3) If a resolution in the National Assembly to amend or veto a special Bill fails to pass, the Speaker of the Assembly shall, within seven days, refer the Bill, in the form adopted by the Senate, to the President for assent.

			112. (1) If one House passes an ordinary Bill concerning counties, and the second House–
			(a) rejects the Bill, it shall be referred to a mediation committee appointed under Article 113; or
			(b) passes the Bill in an amended form, it shall be referred back to the originating House for reconsideration.
			(2) If, after the originating House has reconsidered a Bill referred back to it under clause (1) (b), that House––
			(a) passes the Bill as amended, the Speaker of that House shall refer the Bill to the President within seven days for assent; or
			(b) rejects the Bill as amended, the Bill shall be referred to a mediation committee under Article 113.

			113. (1) If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.
			(2) If the mediation committee agrees on a version of the Bill, each House shall vote to approve or reject that version of the Bill.
			(3) If both Houses approve the version of the Bill proposed by the mediation committee, the Speaker of the National Assembly shall refer the Bill to the President within seven days for assent.
			(4) If the mediation committee fails to agree on a version of the Bill within thirty days, or if a version proposed by the committee is rejected by either House, the Bill is defeated.

			114. (1) A money Bill may not deal with any matter other than those listed in the definition of “ a money Bill” in clause (3).
			(2) If, in the opinion of the Speaker of the National Assembly, a motion makes provision for a matter mentioned in the definition of “a money Bill”, the Assembly may proceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for finance.
			(3) In this Constitution, “a money Bill” means a Bill, other than a Bill specified in Article 218, that contains provisions dealing with—
			(a) taxes;
			(b) the imposition of charges on a public fund or the variation or repeal of any of those charges;
			(c) the appropriation, receipt, custody, investment or issue of public money;
			(d) the raising or guaranteeing of any loan or its repayment; or
			(e) matters incidental to any of those matters.
			(4) In clause (3), “tax”, “public money”, and “loan” do not include any tax, public money or loan raised by a county.

			115. (1) Within fourteen days after receipt of a Bill, the President shall—
			(a) assent to the Bill; or
			(b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill.
			(2) If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part—
			(a) amend the Bill in light of the President’s reservations; or
			(b) pass the Bill a second time without amendment.
			(3) If Parliament amendeds the Bill fully accommodating the President’s reservations, the appropriate Speaker shall re-submit it to the President for assent.
			(4) Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported—
			(a) by two-thirds of members of the National Assembly; and
			(b) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate.
			(5) If Parliament has passed a Bill under clause (4)—
			(a) the appropriate Speaker shall within seven days re-submit it to the President; and
			(b) the President shall within seven days assent to the Bill.
			(6) If the President does not assent to a Bill or refer it back within the period prescribed in clause (1), or assent to it under (5) (b), the Bill shall be taken to have been assented to on the expiry of that period.

			116. (1) A Bill passed by Parliament and assented to by the President shall be published in the Gazette as an Act of Parliament within seven days after assent.
			(2) Subject to clause (3), an Act of Parliament comes into force on the fourteenth day after its publication in the Gazette, unless the Act stipulates a different date on or time at which it will come into force.
			(3) An Act of Parliament that confers a direct pecuniary interest on members of Parliament shall not come into force until after the next general election of members of Parliament.
			(4) Clause (3) does not apply to an interest that members of Parliament have as members of the public.

			=== Part 5 - Parliament’s General Procedures and Rules ===

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Part 3 - Offices of Parliament

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	=== Part 3 - Offices of Parliament ===		=== Part 3 - Offices of Parliament ===

			106. (1) There shall be—
			(a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members; and
			(b) a Deputy Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among the members of that House.
			(2) The office of Speaker or Deputy Speaker shall become vacant—
			(a) when a new House of Parliament first meets after an election;
			(b) if the office holder, as a member of the relevant House, vacates office under Article 103;
			(c) if the relevant House so resolves by resolution supported by the votes of at least two-thirds of its members; or
			(d) if the office holder resigns from office in a letter addressed to the relevant House.

			107. (1) At any sitting of a House of Parliament—
			(a) the Speaker presides;
			(b) in the absence of the Speaker, the Deputy Speaker presides; and
			(c) in the absence of the Speaker and the Deputy Speaker, another member of the House elected by the House presides.
			(2) At a joint sitting of the Houses of Parliament, the Speaker of the National Assembly shall preside, assisted by the Speaker of the Senate.

			108. (1) There shall be a leader of the majority party and a leader of the minority party.
			(2) The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.
			(3) The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.
			(4) The following order of precedence shall be observed in the National Assembly––
			(a) the Speaker of the National Assembly;
			(b) the leader of the majority party; and
			(c) the leader of the minority party.

			=== Part 4 - Procedures for Enacting Legislation ===

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	(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.		(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
	(3) Parliament shall enact legislation to give full effect to this Article.		(3) Parliament shall enact legislation to give full effect to this Article.

			=== Part 3 - Offices of Parliament ===

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Part 2 - Composition and Membership of Parliament

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	=== Part 2 - Composition and Membership of Parliament ===		=== Part 2 - Composition and Membership of Parliament ===

			97. (1) The National Assembly consists of—
			(a) two hundred and ninety members, each elected by the registered voters of single member constituencies;
			(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
			(c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and
			(d) the Speaker, who is an ex officio member.
			(2) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1)(a).

			98. (1) The Senate consists of—
			(a) forty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency;
			(b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90;
			(c) two members, being one man and one woman, representing the youth;
			(d) two members, being one man and one woman, representing persons with disabilities; and
			(e) the Speaker, who shall be an ex officio member.
			(2) The members referred to in clause (1) (c) and (d) shall be elected in accordance with Article 90.
			(3) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1)(a).

			99. (1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person—
			(a) is registered as a voter;
			(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; 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 Independent Electoral and Boundaries Commission;
			(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
			(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.
			(3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.

			100. Parliament shall enact legislation to promote the representation in Parliament of—
			(a) women;
			(b) persons with disabilities;
			(c) youth;
			(d) ethnic and other minorities; and
			(e) marginalised communities.

			101. (1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.
			(2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 (1) (c), or of the Senate under Article 98 (1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to—
			(a) the Independent Electoral and Boundaries Commission; and
			(b) the political party on whose party list the member was elected or nominated.
			(3) A vacancy mentioned in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.
			(4) Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97 (1) (a) or (b), or of the Senate elected under Article 98 (1) (a)—
			(a) the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and
			(b) a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).
			(5) A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election.

			102. (1) The term of each House of Parliament expires on the date of the next general election.
			(2) When Kenya is at war, Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.
			(3) The term of Parliament shall not be extended under clause (2) for a total of more than twelve months.

			103. (1) The office of a member of Parliament becomes vacant—
			(a) if the member dies;
			(b) if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee;
			(c) if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80;
			(d) if the member resigns from Parliament in writing to the Speaker;
			(e) if, having been elected to Parliament––
			(i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
			(ii) as an independent candidate, the member joins a political party;
			(f) at the end of the term of the relevant House; or
			(g) if the member becomes disqualified for election to Parliament under Article 99 (2) (d) to (h).
			(3) Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1) (e), to have resigned from the party.

			104. (1) The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.
			(2) Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed.

			105. (1) The High Court shall hear and determine any question whether—
			(a) a person has been validly elected as a member of Parliament; or
			(b) the seat of a member has become vacant.
			(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
			(3) Parliament shall enact legislation to give full effect to this Article.

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Part 1 - Establishment and Role of Parliament

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	=== Part 1 - Establishment and Role of Parliament ===		=== Part 1 - Establishment and Role of Parliament ===

			93. (1) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.
			(2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.

			94. (1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.
			(2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty.
			(3) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution.
			(4) Parliament shall protect this Constitution and promote the democratic governance of the Republic.
			(5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.
			(6) An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.

			95. (1) The National Assembly represents the people of the constituencies and special interests in the National Assembly.
			(2) The National Assembly deliberates on and resolves issues of concern to the people.
			(3) The National Assembly enacts legislation in accordance with Part 4 of this Chapter.
			(4) The National Assembly––
			(a) determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve;
			(b) appropriates funds for expenditure by the national government and other national State organs; and
			(c) exercises oversight over national revenue and its expediture.
			(5) The National Assembly—
			(a) reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and
			(b) exercises oversight of State organs.
			(6) The National Assembly approves declarations of war and extensions of states of emergency.

			96. (1) The Senate represents the counties, and serves to protect the interests of the counties and their governments.
			(2) The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113.
			(3) The Senate determines the allocation of national revenue among counties, as provided in Article 217, and exercises oversight over national revenue allocated to the county governments.
			(4) The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145.

			=== Part 2 - Composition and Membership of Parliament ===

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Part 2 - Independent Electoral and Boundaries Commission and Delimitation of Electoral Units

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	(k) the monitoring of compliance with the legislation required by Article 82 (1) (b) relating to nomination of candidates by parties.		(k) the monitoring of compliance with the legislation required by Article 82 (1) (b) relating to nomination of candidates by parties.
	(5) The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.		(5) The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.

			89. (1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97 (1) (a).
			(2) The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.
			(3)The Commission shall review the number, names and boundaries of wards periodically.
			(4) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.
			(5) The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner mentioned in clause (6) to take account of—
			(a) geographical features and urban centres;
			(b) community of interest, historical, economic and cultural ties; and
			(c) means of communication.
			(6) The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than—
			(a) forty per cent for cities and sparsely populated areas; and
			(b) thirty per cent for the other areas.
			(7) In reviewing constituency and ward boundaries the Commission shall––
			(a) consult all interested parties; and
			(b) progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.
			(8) If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards.
			(9) Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication.
			(10) A person may apply to the High Court for review of a decision of the Commission made under this Article.
			(11) An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed.
			(12) For the purposes of this Article, “population quota” means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article.

			90. (1) Elections for the seats in Parliament provided for under Articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of county assemblies under 177 (1) (b) and (c), shall be on the basis of proportional representation by use of party lists.
			(2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that—
			(a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation;
			(b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and
			(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.
			(3) The seats mentioned in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election.

			=== Part 3 - Political Parties ===

			91. (1) Every political party shall—
			(a) have a national character as prescribed by an Act of Parliament;
			(b) have a democratically elected governing body;
			(c) promote and uphold national unity;
			(d) abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party;
			(e) respect the right of all persons to participate in the political process, including minorities and marginalised groups;
			(f) respect and promote human rights and fundamental freedoms, and gender equality and equity;
			(g) promote the objects and principles of this Constitution and the rule of law; and
			(h) subscribe to and observe the code of conduct for political parties.
			(2) A political party shall not—
			(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
			(b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
			(c) establish or maintain a paramilitary force, militia or similar organisation;
			(d) engage in bribery or other forms of corruption; or
			(e) except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.

			92. Parliament shall enact legislation to provide for—
			(a) the reasonable and equitable allocation of airtime, by State-owned and other mentioned categories of broadcasting media, to political parties either generally or during election campaigns;
			(b) the regulation of freedom to broadcast in order to ensure fair election campaigning;
			(c) the regulation of political parties;
			(d) the roles and functions of political parties;
			(e) the registration and supervision of political parties;
			(f) the establishment and management of a political parties fund;
			(g) the accounts and audit of political parties;
			(h) restrictions on the use of public resources to promote the interests of political parties; and
			(i) any other matters necessary for the management of politcal parties.

			== CHAPTER EIGHT - The Legislature ==

			=== Part 1 - Establishment and Role of Parliament ===

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Part 1 - Electoral System and Process

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	=== Part 1 - Electoral System and Process ===		=== Part 1 - Electoral System and Process ===

			81. The electoral system shall comply with the following principles––
			(a) freedom of citizens to exercise their political rights under Article 38;
			(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
			(c) fair representation of persons with disabilities;
			(d) universal suffrage based on the aspiration for fair representation and equality of vote; and
			(e) free and fair elections, which are—
			(i) by secret ballot;
			(ii) free from violence, intimidation, improper influence or corruption;
			(iii) conducted by an independent body;
			(iv) transparent; and
			(v) administered in an impartial, neutral, efficient, accurate and accountable manner.

			82. (1) Parliament shall enact legislation to provide for—
			(a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies;
			(b) the nomination of candidates;
			(c) the continuous registration of citizens as voters;
			(d) the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and
			(e) the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote.
			(2) Legislation required by clause (1) (d) shall ensure that voting at every election is—
			(a) simple;
			(b) transparent; and
			(c) takes into account the special needs of—
			(i) persons with disabilities; and
			(ii) other persons or groups with special needs.

			83. (1) A person qualifies for registration as a voter at elections or referenda if the person—
			(a) is an adult citizen;
			(b) is not declared to be of unsound mind; and
			(c) has not been convicted of an election offence during the preceding five years.
			(2) A citizen who qualifies for registration as a voter shall be registered at only one registration centre.
			(3) Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.

			84. In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

			85. Any person is eligible to stand as an independent candidate for election if the person–
			(a) is not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and
			(b) satisfies the requirements of––
			(i) Article 99 (1) (c) (i) or (ii), in the case of a candidate for election to the National Assembly or the Senate, respectively; or
			(ii) Article 193 (1) (c) (ii), in the case of a candidate for election to a county assembly.

			86. At every election, the Independent Electoral and Boundaries Commission shall ensure that—
			(a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;
			(b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;
			(c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and
			(d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

			87. (1) Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.
			(2) Petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission.
			(3) Service of a petition may be direct or by advertisement in a newspaper with national circulation.

			=== Part 2 - Independent Electoral and Boundaries Commission and Delimitation of Electoral Units ===


			88. (1) There is established the Independent Electoral and Boundaries Commission.
			(2) A person is not eligible for appointment as a member of the Commission if the person—
			(a) has, at any time within the preceding five years, held office, or stood for election as—
			(i) a member of Parliament or of a county assembly; or
			(ii) a member of the governing body of a political party; or
			(b) holds any State office.
			(3) A member of the Commission shall not hold another public office.
			(4) The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for—
			(a) the continuous registration of citizens as voters;
			(b) the regular revision of the voters’ roll;
			(c) the delimitation of constituencies and wards;
			(d) the regulation of the process by which parties nominate candidates for elections;
			(e) 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;
			(f) the registration of candidates for election;
			(g) voter education;
			(h) the facilitation of the observation, monitoring and evaluation of elections;
			(i) the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election;
			(j) the development of a code of conduct for candidates and parties contesting elections; and
			(k) the monitoring of compliance with the legislation required by Article 82 (1) (b) relating to nomination of candidates by parties.
			(5) The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.

Hanna: /* CHAPTER SIX - Leadership and Integrity */

2010-10-26T13:08:11Z

CHAPTER SIX - Leadership and Integrity

← Older revision		Revision as of 15:08, 26 October 2010
Line 1,118:		Line 1,118:

	75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—		75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—

	(a) any conflict between personal interests and public or official duties;		(a) any conflict between personal interests and public or official duties;
	(b) compromising any public or official interest in favour of a personal interest; or		(b) compromising any public or official interest in favour of a personal interest; or
	(c) demeaning the office the officer holds.		(c) demeaning the office the officer holds.
	(2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—		(2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—

	~~(a) shall be subject to the applicable disciplinary procedure for the relevant office; and~~

	~~(b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.~~

	~~(3) A person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other State office.~~

	~~75. (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids—~~
	~~(a) any conflict between personal interests and public or official duties;~~
	~~(b) compromising any public or official interest in favour of a personal interest; or~~
	~~(c) demeaning the office the officer holds.~~
	~~(2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—~~
	(a) shall be subject to the applicable disciplinary procedure for the relevant office; and		(a) shall be subject to the applicable disciplinary procedure for the relevant office; and
	(b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.		(b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office.
Line 1,147:		Line 1,134:
	(2) Any appointed State officer shall not hold office in a political party.		(2) Any appointed State officer shall not hold office in a political party.
	(3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—		(3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of—
	(a) a company owned or controlled by the State; or		(a) a company owned or controlled by the State; or
	(b) a State organ.		(b) a State organ.
	(4) A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).		(4) A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).

Hanna: /* CHAPTER SIX - Leadership and Integrity */

2010-10-26T13:06:49Z

CHAPTER SIX - Leadership and Integrity

← Older revision		Revision as of 15:06, 26 October 2010
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	(a) any conflict between personal interests and public or official duties;		(a) any conflict between personal interests and public or official duties;

	(b) compromising any public or official interest in favour of a personal interest; or		(b) compromising any public or official interest in favour of a personal interest; or

	(c) demeaning the office the officer holds.		(c) demeaning the office the officer holds.

	(2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—		(2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—