Kenya
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
a. Yes
Comments: "...Kenya Shall be divided into such number if constituencies having such boundaries and names as may be prescribed by order made by the Electoral Commission"
Source: Constitution of Kenya 1992 (Revised Edition 1998), Section 42(1).
Last updated: 2007-08-28 08:52:12 UTC
BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
d. Conformity with local jurisdiction boundaries
f. Communities of interest/cultural concerns
g. Other
Comments: a) the density of population, and in particular the need to ensure adequate representation of urban and sparsely populated areas; b) Population trends; c) the means of communication; d) geographical features; e) community of interest; and f) the boundaries of existing administrative areas.
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 42(3). ECK 2002 General Election report
Last updated: 2007-08-28 09:29:11 UTC
BD05 The body responsible for drawing the boundaries is:
d. Electoral management body
Comments: The parliament prescribes the minimum and maximum number of constituencies the country can be divided into
Source: Constitution of Kenya 1998 (Revised 2001), Section 42
Last updated: 2007-08-28 09:29:11 UTC
Direct Democracy
DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Ludeki Chweya
b. Job Title: Research Associate
c. Organisation: African Center For Economic Growth
d. Contact Address. P.O. Box 1559, 00606 Nairobi, Kenya
e. Telephone: 254 20 374709 / 3754540 / 0721421866
f. Facsimile: 254 20 375 4541
g. Email: aceg@aceg.org
Last updated: 2007-08-28 12:23:44 UTC
DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?
b. Not applicable X
Last updated: 2006-11-30 16:30:17 UTC
DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?
Last updated: 2006-11-30 15:59:04 UTC
DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level?
Date (yyyy)
a. Mandatory referendum 2004
Comments: a) An act on holding a referendum on constitutional change was introduced in 2004 and has now expired. There is currently no provisions for direct democracy.
Last updated: 2006-11-30 16:02:11 UTC
DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
a. Mandatory referendum 2004
Last updated: 2007-08-28 12:23:44 UTC
DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-11-30 16:03:08 UTC
DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-11-30 16:03:08 UTC
DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-11-30 16:03:08 UTC
DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-11-30 16:03:08 UTC
DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
l. Not applicable
Comments: l) An act on holding a referendum on constitutional change was introduced in 2004 and has now expired. There is currently no provisions for direct democracy.
Last updated: 2006-11-30 16:25:03 UTC
DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
l. Not applicable
Comments: l) An act on holding a referendum on constitutional change was introduced in 2004 and has now expired. There is currently no provisions for direct democracy.
Last updated: 2006-11-30 16:25:03 UTC
DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
l. Not applicable
Last updated: 2006-11-30 16:03:08 UTC
DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
d. Not applicable X
Last updated: 2006-11-30 16:04:06 UTC
DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
d. Not applicable X
Last updated: 2006-11-30 16:25:03 UTC
DD43 When is the outcome of a mandatory referendum binding?
d. Not applicable
Last updated: 2006-11-30 16:25:03 UTC
DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?
b. Not applicable X
Last updated: 2006-11-30 16:28:05 UTC
DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?
b. Not applicable X
Last updated: 2006-11-30 16:28:05 UTC
DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X
Last updated: 2006-11-30 16:28:05 UTC
DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X
Last updated: 2006-11-30 16:28:05 UTC
DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X
Last updated: 2006-11-30 16:28:05 UTC
DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X
Last updated: 2006-11-30 16:28:05 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Electoral Commission of Kenya
b. Full Address Anniversary Towers, 6th Floor, University Way, PO Box 45371, Nairobi, Kenya
c. Telephone 222072/219174
d. Facsimile 219185
e. Email skivuitu(a)nbnet.co.ke
f. Website Address www.eck.or.ke
g. Name and Title of Chairperson/President Chairperson Samuel M Kivuitu
h. Information Officer Mr M Lemayan
i. Official language of the electoral law governing national elections English
Last updated: 2007-08-28 08:29:19 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
c. Local level
Comments: "the Electoral Commission shall be responsible for Directing and supervising the Presidential , National assembly and Local government elections"
Source: Constitution of Kenya section 42A (b)
Last updated: 2007-08-28 08:32:55 UTC
EM04 The budget of the national electoral management body is determined by:
g. Other
Comments: The Electoral Commission of Kenya drafts its own Budget as it is an independent body
Last updated: 2007-08-28 08:45:35 UTC
EM05 The expenditures of the national electoral management body are controlled by:
c. The legislature
Source: IED election report 2002
Last updated: 2005-08-22 07:15:31 UTC
EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years
Comments: b.) Five years
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 41(4a).
Last updated: 2007-08-28 08:47:24 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
Last updated: 2007-08-28 08:29:19 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 10.45 million Kenyans
Last updated: 2007-08-28 08:29:19 UTC
Electoral Systems
ES01 How is the Head of State selected?
a. Head of State is the Head of Government
b. Directly elected in general elections (simple majority)
Comments: The President is the Head of State and Commander-in chief of the armed forces of the republic. He/She is elected through a presidential election with the greatest valid votes and in addition, receive a minimum of 25% of the valid votes cast in at least five of the eight provinces.
Source: Constitution of Kenya, Chapter 2 sec 4 and 5(3f) 1998 (Revised Edition 2001).
Last updated: 2007-08-28 06:00:36 UTC
ES02 How is the Head of Government selected?
a. Directly elected in general elections (simple majority)
Comments: Head of State is Head of Government.
Source: The Constitution of Kenya chapter 5 (3)(f)
Last updated: 2007-08-28 05:51:10 UTC
ES03 Does the country have a president?
a. Yes
Source: Constitution of Kenya Chapter II sec 4
Last updated: 2007-08-28 05:52:58 UTC
ES04 The national legislature consists of (one/two chambers):
a. One chamber
Comments: "The Legislative power of the Republic shall be vested in the Parliament of Kenya which shall consist of the president and the National Assembly"
Source: Constitution of Kenya, 1998 (Revised Edition 2001) section 30.
Last updated: 2007-08-28 05:57:48 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
a. Plurality (FPTP)
Comments: "Kenya shall be divided into constituencies in accordance with section 42, and each constituency shall elect one elected member to the National Assembly in such manner, as subject to this Constitution, may be prescribed by any law."
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 32(1).
Last updated: 2007-08-28 06:00:36 UTC
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
d. Other- proportion of total seats (%) X
Last updated: 2007-08-22 14:21:26 UTC
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
Comments: the Elections are governed by the constitution which gives the Electoral commission of Kenya powers and Cap 7 and 265 which give powers to the commission to conduct presidential,parliamentary and local authority elections.
Source: Chapter 3 section 41 & 42 of the Constitution of Kenya, The National Assembly and Presidential Elections Act (Cap 7)The National Assembly and Presidential Elections (Regulations 2002). The local Government Act Cap 265 the Local Government Elections (Amendment) Rules 2002
Last updated: 2007-08-28 08:12:03 UTC
LF03 The national electoral law covers:
a. National elections
c. Local elections
Comments: A separate Local Government Act covers local elections. There are no regional elections. There is no mention of referendums in national legislation but is covered in the Constitution of Kenya Review Act
Source: Chapter III section 42 of the Constitution of Kenya Constitution of Kenya Review Act (referendum Regulations 2005)
Last updated: 2007-08-28 08:12:03 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Comments: "Every person in the elector's lists has a right to Every person whose name is entered on a register of electors for a particular constituency, and who produces an elector's card issued to him in respect of that registration, and no one else, shall be entitled to vote at any election for that constituency"
Source: National Assembly and Presidential Elections Act 1992,
Last updated: 2007-08-28 08:12:03 UTC
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary
Comments: The High Court shall have jurisdiction to hear and determine any question relating to an election
Source: The Constitution of Kenya chapter 3 part 1 section 44(Revised Edition 2002) National Assembly and Presidential Elections Act 1992 (Revised Edition 1998), Section 19.
Last updated: 2007-08-28 08:12:03 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
a. Name and Title: Dr. ludeki chweya
b. Job Title: Research associate
c. Organisation: African centre For Economic Research -ACEG
d. Contact Address: p.o box 1559,00606 Nairobi
e. Telephone: +254 20 374709/3754540/0721421866
f. Facsimile: +254 20 3754541
g. Email: aceg@aceg.org
Last updated: 2005-03-31 07:38:27 UTC
ME09 In your opinion, which of the following types of media in your country have a public reputation for being independent?
b. Private radio
d. Private television
e. Print media
Comments: Print media here applies to private
Source: Institute of education for democracy 2003 report
Last updated: 2005-03-29 11:45:01 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-08-28 12:31:10 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
a. Television
Last updated: 2007-08-28 12:31:10 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
a. a
Last updated: 2007-08-28 12:31:10 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
a. The Kenya Communications Act (No. 2 of 1998)
Last updated: 2007-08-28 12:31:10 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
a. a
Last updated: 2007-08-28 12:31:10 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance
Comments: The Act defines the “Campaign period’ as the period between the initiation of an election under the relevant law pertaining to the election and the eve of the polling day. It is provided that during the campaign periods, the public media shall maintain a fair balance in the allocation of broadcasting hours as between different political viewpoints. It requires the K.B.C. in consultation with the Electoral Commission to allocate free airtime to registered political parties participating in the election to expound their views during the campaign period.
Source: The Kenya Broadcasting Corporation Act
Last updated: 2007-08-28 12:34:47 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising No specification
Source: EU election observation 2002 report
Last updated: 2005-03-30 08:38:57 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
b. The law does not specify any limits on paid advertising No specification
Last updated: 2007-08-28 12:31:10 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
a. ....... no regulations
Last updated: 2007-08-28 12:31:10 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
a. ......... no limit
Last updated: 2007-08-28 12:31:10 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
a. .......... not applicable
Last updated: 2007-08-28 12:31:10 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections
b. Yes, in legislative elections
Source: Institute of education for democracy report 2003 : Enhancing electoral process in Kenya
Last updated: 2005-03-30 08:54:43 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
a. ......... no law
Last updated: 2007-08-28 12:31:10 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)
e. Minimum number of candidates
Comments: Political parties are an established part of modern mass democracy. Political parties have to be registered with the registrar of societies and the electoral commission relies on the registrar to furnish it with a list of registered political parties. ECK determines whether the party is structured and committed to principles of democracy, secularism and socialism in accordance with the Kenyan Constitution and would uphold the sovereignty, unity and integrity of Kenya. Parties are expected to hold organizational elections and have a written constitution
Source: Electoral Commission of Kenya Website Societies Act (Cap 108) ECK General Election report 2002
Last updated: 2007-08-28 11:45:56 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable
Comments: Unicameral Legislature
Last updated: Mon, 09 Dec 2002 12:10:46 GMT
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
i. Minimum level of literacy
j. Other
Comments: a.) 21 years and above, f.) registered in some constituency as a voter i.) English and Swahili proficiency, j.) Nominated by a political party.
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 34.
Last updated: 2007-08-28 11:45:56 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable
Comments: Unicameral Legislature
Last updated: Mon, 09 Dec 2002 12:16:29 GMT
PC08 Can independent candidates compete in presidential or legislative elections?
a. Neither in presidential nor legislative elections
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 34d and Section 5a.
Last updated: 2007-08-28 11:10:12 UTC
PC12 Do political parties receive direct/indirect public funding?
a. No
Comments: parties sought own funding
Source: societies act
Last updated: 2007-08-28 11:41:53 UTC
PC15 What is the basis of the public funding?
f. Not applicable
Last updated: 2007-08-28 11:45:56 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Source: National Assembly and Presidential Elections Act (Regulations, 2002)
Last updated: 2007-08-28 12:44:49 UTC
VC11 Under what conditions are ballots recounted?
d. By request
e. Court order
Comments: On request or if the Presiding Officer decides on his or her own. A candidate can also request the Electoral Commission for a recount and if he/she does so in time a recount by somebody else appointed by the Electoral Commission will carry out the full recount.
Source: Parliamentary and Presidential Elections Regulation 2002.section 37(1)
Last updated: 2007-08-28 12:44:49 UTC
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
Comments: The Electoral Commission shall be responsible for promoting voter education throughout Kenya
Source: The constitution of Kenya 1998 (revised 2001) section 24A National Assemblies and Presidential elections Act chapter 7 section 42(a)
Last updated: 2007-08-28 09:40:56 UTC
VE02 At the national level, how often are voter education programs conducted?
c. Other
Comments: Voter education programmes ought to be continuous but they are limited by funds. The electoral commission is mandated by law.
Source: IED report 2003:Enhancing the electoral process in Kenya, Linotypes Kenya Ltd-Nairobi
Last updated: 2007-08-14 08:51:57 UTC
VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
h. Yes, conducted by NGOs/ Civic Organizations
i. Yes, conducted by Political Parties/ Candidates
j. Yes, conducted by the Media
k. Yes, conducted by Religious Institutions
Source: IED report 2003: Enhancing the electoral process in Kenya, Linotypes Kenya Ltd-Nairobi
Last updated: 2005-03-30 07:58:43 UTC
Voting Operations
VO02 Is there a code of conduct for election officials?
a. Yes
Source: National Assembly and Presidential Elections Act 1992 (Revised Edition 1998), chapter 7 section 17(b)
Last updated: 2005-03-30 08:42:43 UTC
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
Source: The Presidential and Parliamentary Elections Regulations, 2002.
Last updated: Wed, 28 Jan 2004 14:24:19 GMT
VO04 Who can vote from outside the country?
g. Other
Comments: unspecified
Source: Presidential and parliamentary elections regulations in National Assemblies and Presidential Elections act
Last updated: 2005-08-22 09:10:13 UTC
VO05 If voting outside the country is permitted, at what places?
g. Not applicable
Source: national assemblies and parliamentary elections act
Last updated: 2005-08-22 09:12:40 UTC
VO06 Can people vote in advance of the designated national election day(s)?
a. No
Comments: There are no provisions for this.
Source: Methods of voting Section 30(1)-(3) of the electoral laws
Last updated: 2005-03-30 08:56:57 UTC
VO07 If electors can vote in advance of the designated national election day(s), how may they do so?
f. Not applicable
Source: natioanal assemblies and parliamentary elections act
Last updated: 2005-08-22 09:15:31 UTC
VO08 If electors can vote in advance of the designated national election day(s), specify who:
g. Not applicable
Source: natioanal assembies ans parliamentary elections act
Last updated: 2005-08-22 09:19:15 UTC
VO09 Is there a maximum allowable voter capacity of a polling station for the national elections?
b. No
Comments: The presiding officer shall regulate the number of electors admitted to the polling station
Source: National Assemblies and presidential elections act
Last updated: 2005-03-30 09:05:20 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: regulated by the presiding officer
Source: National Assemblies and Presidential elections act
Last updated: 2005-03-30 09:08:00 UTC
VO11 How do electors cast their votes?
a. By manually marking the ballot
Source: The Presidential and Parliamentary Elections Regulations 2002.
Last updated: Wed, 28 Jan 2004 15:03:18 GMT
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: six
b. The largest polling station: six
Comments: The staff assigned to each polling station are a presiding officer, deputy presiding officer, clerk, interpretor, returning officer and agent
Source: Presidential and parliamentary elections regulations section 10(1)-(4)
Last updated: 2005-03-30 09:11:33 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 43(1)(a).
Last updated: 2007-08-28 10:34:59 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
b. Period of Residence
Source: Constitution of Kenya 1998 (Revised Edition 2001), Section 43.a,b and c
Last updated: 2007-08-28 10:00:44 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: d.) Electoral Commission
Source: Constitution of Kenya 1998(Revised Edition 2001), Section 42A(a). National Assembly and presidential Elections Act (Cap 7) section 4(1)
Last updated: 2007-08-28 10:34:59 UTC
VR08 Is it compulsory to be on the voters register?
b. No
Comments: One can be on the voter's register upon registration
Source: Constitution of Kenya 1998 (Revised 2001), Section 32. The National Assembly and Presidential Elections (Amendment) Act, 2002, Section 4A.
Last updated: 2007-08-28 10:34:59 UTC
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