Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: 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). 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. The Commission shall review the number, names and boundaries of wards
periodically. (Constitution, art. 89)
Source: Constitution (2010), art.89: http://aceproject.org/ero-en/regions/africa/KE/kenya-constitution-2010/view
Verified: 2017/03/22
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: 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:
geographical features and urban centres;
community of interest, historical, economic and cultural ties; and means of communication. (Constitution, art. 89)
Source: Constitution (2010), art.89: http://aceproject.org/ero-en/regions/africa/KE/kenya-constitution-2010/view
Verified: 2024/12/06
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of between 8 to 12 years. However, any such review is to be completed at least 12 months before a General Election of Members of parliament. (Constitution, art. 89)
Source: Constitution (2010), art.89: http://aceproject.org/ero-en/regions/africa/KE/kenya-constitution-2010/view
Verified: 2024/12/06
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 c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: when there's two or more candidates nominated for presidency, a candidate is declared elected if he garners more than half the votes cast, and at least 25% of the votes cast in more than half the counties.
Source: The Constitution of Kenya Art. 131(1)
Verified: 2024/12/06
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: Ibid ES001. The Head of Government is also The Head of State
Source: The Constitution of Kenya Art. 131(1)
Verified: 2024/12/06
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: the executive comprises of the President, Deputy President and the cabinet.
Source: The Constitution of Kenya Article 130
Verified: 2024/12/06
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: the legislature consists of The National Assembly and the Senate.
Source: The Constitution of Kenya Article 93
Verified: 2024/12/06
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: the winner is the person with the most votes
Source: The Constitution of Kenya Article. 101
Verified: 2024/12/06
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 Constitution is the Supreme source of Electoral law
Source: The Constitution of Kenya, Chapter 7
Elections Act of 2011
Verified: 2024/12/06
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections d . Referendums
Comments:
Source: The Constitution of Kenya
Elections Act of 2011
Verified: 2024/12/06
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: It is a right as enshrined in the Bill of Rights
It is a Civic duty of every citizen
Source: Constitution, art. 38
Verified: 2024/12/06
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: For presidential elections it is the Supreme Court. Parliament has been mandated to enact legislation to cater for amicable resolution of electoral disputes arising from other elections.
Source: The Constitution of Kenya, art. 87, 140
Verified: 2024/12/06
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments: In accordance with Article 88 (4) of the Constitution, the IEBC is mandated to conduct or supervise referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament.
Source: Constitution of Kenya Artcle 88(4) (2010)
Verified: 2024/12/06
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
g . Other
Comments: The Independent Electoral and Boundaries Commission drafts its own Budget as it is an independent body through its secretary
Source: Independent Electoral and Boundaries Act 2011 Article. 21
Verified: 2024/12/06
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: The Cabinet Secretary responsible for finance presents
the estimates approved by the EMB for consideration and
approval by the National Assembly
Source: Independent Electoral and Boundaries Act 2011 Article. 21
Verified: 2024/12/06
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: The members of the Commission shall be appointed for a single term of 6 years and shall not be eligible for re-appointment
Source: Independent Electoral and Boundaries Commission Act 2011 Article 7(1)
Verified: 2024/12/06
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments: There is established the Independent Electoral and Boundaries Commission.
In Exercising of its function under this Constitution, the Commission shall not be subjected to the direction or control of any other person or authority
Source: Constitution of Kenya Article 88(1)
Verified: 2024/12/06
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Commission shall consist of a Chairperson and Eight other members appointed in accordance with Article 250(4) of the Constitution and the provisions of this Act.
Source: Independent Electoral and Boundaries Act 2011 Article 5(1) and The Constitution of Kenya Article 250(4).
Verified: 2024/12/06
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
Source: Independent Electoral and Boundaries Act 2011 Article 6(2)and the Constitution of Kenya Chapter 6
Verified: 2024/12/06
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
Comments: The chairman and other members of the Commission shall be nominated through competitive process by the Parliamentary Select Committee and upon approval of the National Assembly be appointed by the President in consultation with the Prime Minister.
Source: Constitution of Kenya (Amendment) 2008, Section 41(3).
Constitution of Kenya Article 250(2)
Verified: 2024/12/06
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 g . NGOs/ Civic Organizations i . Media j . Religious Institutions
Comments: promoting Voter Education and culture of democracy
Source: The constitution of Kenya (Amendment) 2008 section 41A (h)
National Assemblies and Presidential elections Act chapter 7 section 42(a)
Section 4 (g) of the Independent Electoral and Boundaries Commission Act of 2011 includes voter education as part of the mandate of the Commission.
Verified: 2024/12/06
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source:
Verified: 2024/12/06
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 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: 2012/03/13
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: every adult citizen has a right to vote. An adult being anyone who has attained the age of 18 and above.
Source: The Constitution of Kenya Article 38(3)
The Elections Act of 2011 Article 3
Verified: 2024/12/06
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
Comments: you have to be a citizen of Kenya to exercise a right to vote
Source: The Elections Act Article 3
Verified: 2024/12/06
VR004
Authority 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: Independent Electoral and Boundaries Commission
Source: Constitution, art. 82(1)(c) & 88(4)(a)
Verified: 2024/12/06
VR008
Is it compulsory to be on the voters register?
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, art. 38(3) & 83
Verified: 2024/12/06
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):
c . Regional distribution requirement f . Other
Comments:
Source: Constitution art. 91
Verified: 2012/02/24
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 h . Minimum level of education j . Other
Comments:
Source: Constitution art. 99
Verified: 2012/03/14
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2) e . In both presidential and legislative elections
Comments:
Source: Constitution art. 85
Verified: 2012/03/14
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: the fund is administered by the Registrar of Political Parties.
Source: Political Parties Act art. 28
Verified: 2012/03/14
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election
Comments: 15% is distributed equally, 80% is distributed proportionately based on the result of the previous election.
Source: Political Parties Act art. 30(3)
Verified: 2012/03/14
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: however, a single person should not contribute whether in cash or kind, an amount exceeding 5 million Ksh any such excess is forfeited to the state.
-Aliens are barred from contributing to political parties as a rule.
Source: Political Parties Act (Cap7A) Article 31(3)
Verified: 2012/03/14
Vote Counting
VC004
Votes 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: Constitution art. 86(b)
Verified: 2024/12/06
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request e . Court order
Comments: On request by any of the Political party agents in that polling station or if the Presiding Officer decides on his or her own. A candidate can also request the Presiding Officer for a recount.
Source: Parliamentary and Presidential Elections Regulation 2002.section 37(1)
Verified: 2012/02/24
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2012/03/28
ME059
Television 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:
Verified: 2012/03/28
ME062
Blackout period for release of opinion poll results.
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: IEBC Act
Source:
Verified: 2017/07/07
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments: IEBC ACT/POLITICAL PARTYS ACT
Source:
Verified: 2017/07/07
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments: Kenya is a Representative Democracy. However, it provides for forms 'Limited Direct Democracy' in: Referendum, Initiative(at least 1million voters) and right of Recall
Source: The Constitution of Kenya Article 104,255 & 257
The Elections Act of 2011 Part iv & Part v
Verified: 2017/07/07
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: any proposed amendment to the Constitution is approved by a Referendum.
Source: The Constitution of Kenya Article 255
Verified: 2012/03/15
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: an Amendment to the Constitution may be proposed by a popular initiative signed by at least 1 million registered voters.
Source: The Constitution of Kenya Article 257
Verified: 2017/07/07
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2017/07/07
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: the right of recall is limited to Members of Parliament representing the Constituency and Senators representing the County.
Source: The Constitution of Kenya Article 104
Elections Act of 2011 Article 48
Verified: 2017/07/07
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:
Verified: 2024/12/06
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country d . Members of the armed forces f . Diplomatic staff
Comments: unspecified
Source: Constitution of Kenya Article 82(1)and 83(1)
Verified: 2024/12/06
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates
Comments:
Source: Kenya Independent Electoral and Boundaries Commission website.
http://www.iebc.or.ke/index.php/news-archive/41-may-2012/79-iebc-outlines-roles-for-officials-in-diaspora-vote
Verified: 2024/12/06
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Constitution, art. 86
Verified: 2012/03/14
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