Representation of the People

Part 1—Electoral system and process

1. 81General principles for the electoral systemThe electoral system must protect citizens' political rights, ensure no more than two-thirds of members of any elective body are of one gender, fairly represent persons with disabilities, and guarantee free, fair, secret-ballot elections free from violence and corruption.
2. 82Legislation on electionsParliament must pass laws on setting electoral boundaries, nominating candidates, continuous voter registration, running elections and referenda, and registering citizens abroad progressively. Voting must be simple, transparent and take account of people with special needs.
3. 83Registration as a voterYou qualify to register as a voter if you are an adult citizen, not declared of unsound mind, and not convicted of an election offence in the past five years. You register at only one centre. Arrangements must not deny eligible citizens the vote.
4. 84Candidates for election and political parties to comply with code of conductIn every election, all candidates and political parties must comply with the code of conduct set by the Independent Electoral and Boundaries Commission.
5. 85Eligibility to stand as an independent candidateYou can stand as an independent candidate if you are not, and for at least three months before the election have not been, a member of a registered political party, and you meet the support requirements in Articles 99 or 193.
6. 86VotingThe IEBC must ensure the voting system is simple, accurate, verifiable, secure, accountable and transparent. Votes are counted and results announced promptly at each polling station, results are openly collated, and election materials are kept safe.
7. 87Electoral disputesParliament must make laws for timely settling of election disputes. Petitions on an election other than a presidential one must be filed within twenty-eight days of the declared results. A petition may be served directly or by newspaper advertisement.

Part 2—Independent Electoral and Boundaries Commission and delimitation of electoral units

1. 88Independent Electoral and Boundaries CommissionThis Article creates the Independent Electoral and Boundaries Commission. It runs or supervises elections and referenda, registers voters and candidates, sets boundaries, provides voter education, regulates campaign spending and settles some nomination disputes. Recent politicians and State officers cannot be members.
2. 89Delimitation of electoral unitsThere are 290 constituencies. The Commission reviews their boundaries every eight to twelve years, and ward boundaries periodically, aiming for roughly equal populations. Its decisions can be challenged in the High Court within thirty days of publication in the Gazette.
3. 90Allocation of party list seatsParty list seats in Parliament and county assemblies are filled by proportional representation, shared among parties in proportion to seats won. Lists alternate male and female candidates (with an exception for some seats), and parliamentary lists must reflect regional and ethnic diversity.

Part 3—Political Parties

1. 91Basic requirements for political partiesPolitical parties must have a national character, democratically elected leaders and respect for human rights, gender equality and the rule of law. They must not be founded on religion, language, race, ethnicity, gender or region, or use violence, militias or bribery.
2. 92Legislation on political partiesParliament must pass laws on political parties, including registration and supervision, a political parties fund, audits, fair airtime for parties, and limits on using public resources to promote party interests.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.