Info

Kenya

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Boundary Delimitation

BD001

Delimitation of constituencies

Question:	Are constituencies delimited for election purposes?
Answer:	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).
Verified:	2007/08/28

BD003

Criteria for drawing boundaries

Question:	On what criteria are the boundaries drawn?
Answer(s):	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
Verified:	2007/08/28

BD005

Body responsible for drawing boundaries

Question:	The body responsible for drawing the boundaries is:
Answer(s):	d. Boundary Commission
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
Verified:	2007/08/28

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Electoral Systems

ES001

Head of State

Question:	How is the Head of State selected?
Answer(s):	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).
Verified:	2007/08/28

ES002

Head of Government

Question:	How is the Head of Government selected?
Answer:	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)
Verified:	2007/08/28

ES003

President

Question:	Does the country have a president?
Answer:	a. Yes
Comments:
Source:	Constitution of Kenya Chapter II sec 4
Verified:	2007/08/28

ES004

Number of Chambers

Question:	The national legislature consists of (one/two chambers):
Answer:	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.
Verified:	2007/08/28

ES005

Electoral System (Chamber 1)

Question:	What is the electoral system for Chamber 1 of the national legislature?
Answer(s):	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).
Verified:	2007/08/28

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Legislative Framework

LF001

Status of Electoral Law

Question:	What is the status of the electoral law governing national elections?
Answer(s):	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
Verified:	2007/08/28

LF003

Electoral Law covers

Question:	The national electoral law covers:
Answer(s):	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)
Verified:	2007/08/28

LF004

Compulsory/voluntary voting

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	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,
Verified:	2007/08/28

LF007

Electoral Disputes Agency(ies)

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	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.
Verified:	2007/08/28

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Electoral Management

EM001

Please provide the following contact information for the national electoral management body:

Name of Institution: Electoral Commission
Website Address: www.eck.or.ke

Source

No Source

Verified

2009/11/04

(Found a mistake? Please let us know.)

EM002

Responsibility of national EMB

Question:	Does the national electoral body have the responsibility for elections at:
Answer(s):	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)
Verified:	2007/08/28

EM004

EMB budget determined by

Question:	The budget of the national electoral management body is determined by:
Answer(s):	g. Other
Comments:	The Electoral Commission of Kenya drafts its own Budget as it is an independent body
Source:
Verified:	2007/08/28

EM005

EMB expenditures controlled by

Question:	The expenditures of the national electoral management body are controlled by:
Answer(s):	c. The legislature
Comments:
Source:	IED election report 2002
Verified:	2005/08/22

EM006

Term of EMB members

Question:	The term of the members of the national electoral management body is:
Answer:	b. For a specified number of years
Comments:	5 years
Source:	Constitution of Kenya 1998 (Revised Edition 2001), Section 41(4a).
Verified:	2007/08/28

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Voter Education

VE001

Information campaigns performed by

Question:	Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):	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)
Verified:	2007/08/28

VE002

Frequency of voter education programs

Question:	At the national level, how often are voter education programs conducted?
Answer:	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
Verified:	2007/08/14

VE003

National civic education

Question:	Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):	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
Comments:
Source:	IED report 2003: Enhancing the electoral process in Kenya, Linotypes Kenya Ltd-Nairobi
Verified:	2005/03/30

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Voter Registration

VR001

Voting age

Question:	What is the legal voting age in the national elections?
Answer:	c. 18
Comments:
Source:	Constitution of Kenya 1998 (Revised Edition 2001), Section 43(1)(a).
Verified:	2007/08/28

VR002

Other voting requirements

Question:	Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):	a. Citizenship b. Period of Residence
Comments:
Source:	Constitution of Kenya 1998 (Revised Edition 2001), Section 43.a,b and c
Verified:	2007/08/28

VR004

Body responsible for voter registration

Question:	Which is the authority responsible for the registration of voters for national elections?
Answer:	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)
Verified:	2007/08/28

VR008

Compulsory voter registration

Question:	Is it compulsory to be on the voters register?
Answer:	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.
Verified:	2007/08/28

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Voting Operations

VO003

Electors vote at

Question:	Where can electors vote?
Answer(s):	a. At a specified polling station in the locality where they are registered at national elections
Comments:
Source:	The Presidential and Parliamentary Elections Regulations, 2002.
Verified:	2004/01/28

VO004

Voting outside the country is permitted for

Question:	Who can vote from outside the country?
Answer(s):	g. Other
Comments:	unspecified
Source:	Presidential and parliamentary elections regulations in National Assemblies and Presidential Elections act
Verified:	2005/08/22

VO005

Locations for voting outside of the country

Question:	If voting outside the country is permitted, at what places?
Answer(s):	g. No information available
Comments:
Source:	national assemblies and parliamentary elections act
Verified:	2005/08/22

VO011

Voting method

Question:	How do electors cast their votes?
Answer(s):	a. Manually marking of ballots
Comments:
Source:	The Presidential and Parliamentary Elections Regulations 2002.
Verified:	2004/01/28

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Parties and Candidates

PC001

Registration requirements for parties (Chamber 1)

Question:	What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):	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
Verified:	2007/08/28

PC003

Registration requirements for candidates (Chamber 1)

Question:	What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):	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.
Verified:	2007/08/28

PC008

Independent candidates

Question:	Can independent candidates compete in presidential or legislative elections?
Answer(s):	a. Neither in presidential nor legislative elections
Comments:
Source:	Constitution of Kenya 1998 (Revised Edition 2001), Section 34d and Section 5a.
Verified:	2007/08/28

PC012

Public funding of parties

Question:	Do political parties receive direct/indirect public funding?
Answer(s):	a. No
Comments:	parties sought own funding
Source:	societies act
Verified:	2007/08/28

PC015

Basis of public funding

Question:	What is the basis of the public funding?
Answer(s):	f. No information available
Comments:
Source:
Verified:	2007/08/28

PC017

Private funding of parties

Question:	Are political parties entitled to private funding?
Answer:	a. Yes
Comments:
Source:
Verified:	2007/08/28

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Vote Counting

VC004

Voters are sorted/counted at

Question:	Following the close of the voting, where are the votes first sorted and counted?
Answer:	a. The polling stations
Comments:
Source:	National Assembly and Presidential Elections Act (Regulations, 2002)
Verified:	2009/11/04

VC011

Conditions for recount

Question:	Under what conditions are ballots recounted?
Answer(s):	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)
Verified:	2009/11/04

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Media and Elections

ME037

Parties receive free broadcast time based on

Question:	What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):	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
Verified:	2007/08/28

ME059

Existence of televised debates

Question:	Are televised debates between candidates or party representatives normally conducted?
Answer(s):	a. Yes, in presidential elections b. Yes, in legislative elections
Comments:
Source:	Institute of education for democracy report 2003 : Enhancing electoral process in Kenya
Verified:	2005/03/30

ME062

Blackout period for opinion polls

Question:	What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:	g. No information available
Comments:
Source:
Verified:	2007/08/28

ME080

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Direct Democracy

DD002

DD003

DD004

DD005

DD006

DD007

DD129

DD130

DD131