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The Elections Act provides that a political party shall nominate its candidates for an election under the Act at least forty-five days before a general election in accordance with its constitution and nomination rules. Subsequently, a political party shall not change the candidate nominated after the nomination of that person has been received by the Commission. A person who contravenes these provisions on secrecy commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both. There shall be 290 Constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97 . Twelve members shall be nominated by parliamentary political parties to represent special interests including the youth, persons with disabilities and workers. This shall be done on the basis of proportional representation by use of party lists.
The IEBC Act provides that the Commission shall consist of a chairperson and eight other members. The procedure for appointment of chairperson and members of the Commission shall be in accordance with the procedure set out in the First Schedule. The Schedule requires the President to appoint a Selection Panel which shall invite applications and publish names of all applicants. The Panel is then required to consider the applications, shortlist and interview the applicants. A referendum question on an issue other than that contemplated in Articles 255 and 256 of the Constitution shall be decided by a simple majority of the citizens voting in the referendum.
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Consequently, a fresh election to the office of President shall be held within sixty days after the death of the President-elect. In case of a presidential election, the Commission shall initiate the process of such an election by publishing a notice in the Gazette and in electronic and print media of national circulation. Each candidate for election as County Governor shall nominate a person who is qualified for nomination for election as County Governor as a candidate for Deputy Governor. The IEBC shall declare the candidate nominated as the deputy governor to have been elected as the deputy governor. The IEBC is the electoral body in Kenya.It is established under article 88 of the Constitution.
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A recall shall only be initiated twenty-four months after the election of the member of Parliament and not later than twelve months immediately preceding the next general election. A recall petition shall not be filed against a Member of Parliament more than once during the term of that Member in Parliament. A person who unsuccessfully contested an election under this Act shall not be eligible, directly or indirectly, to initiate a petition under this section. The Act mandates the Commission to open the Principal Register of Voters for inspection for a period of at least fourteen days or such period as the Commission may consider necessary within sixty days from the date of the notice for a general election. The IEBC is funded by the Government through parliament under an independent budget that is no longer tied to the Ministry of Finance. Parliament is under the duty to allocate adequate funds to enable the Commission to perform its functions.
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It does not only serve to strengthen the professionalism of employees of the IEBC but also creates obligations to political parties and referendum committee officials and candidates to adhere to the values and principles of the Constitution. The Code requires the Commission’s employees to conduct themselves with integrity and neutrality. The Fourth Schedule also lays emphasis on the professionalism of the members of the Commission. All members are expected to perform their duties in a manner that maintains public confidence and to discharge their duties in a professional and efficient manner and respect the rights and freedoms of all persons. Badgley Mischka Collection One-Shoulder Ruffle-Trim Velvet Midi Dress Badgley Mischka Collection velvet midi dress with pleated ruffle trim One-shoulder neckline Long sleeve Center back slit Hem falls below the knee Sheath silhouette Polyester/spandex Dry clean Imported Model is 5'10"/177cm.
Following that reference, the Commission shall frame the question or questions to be determined during the referendum. The Commission shall then, in consultation with the Speaker of the relevant House, lay the question as framed above before the House for approval by resolution. The Commission shall publish the question approved in the Gazette and in the electronic and print media of national circulation. The Commission may assign such symbol for each answer to the referendum question or questions as it may consider necessary.Ultimately, the Commission shall conduct the referendum within ninety days of publication of the question. Estimated delivery dates - opens in a new window or tab include seller's handling time, origin ZIP Code, destination ZIP Code and time of acceptance and will depend on shipping service selected and receipt of cleared payment.
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After counting the votes in the polling stations, the IEBC shall tally and verify the count. Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall declare the result of the election. A candidate shall be declared elected as President if the candidate receives more than half of all the votes cast in the election and at least twenty-five per cent of the votes cast in each of more than half of the counties. After the declaration of the result, the chairperson of the IEBC shall deliver a written notification of the result to the Chief Justice and the incumbent President. A person is qualified for nomination as member of Parliament if the person- is registered as a voter; satisfies any educational, moral and ethical requirements prescribed by the Constitution and the Elections Act; and is nominated by a political party, or is an independent candidate.
A person who fails to comply with the provisions of this section commits an offence and is liable on conviction to a fine not exceeding two million shillings or imprisonment for a term not exceeding six years or to both. A person who forges, counterfeits, defaces or destroys any ballot paper or the official perforation, stamp or mark on any ballot paper commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six years or to both. The Constitution provides that at every election, the IEBC shall ensure that the results from the polling stations are openly and accurately collated and promptly announced by the returning officer.It also provides that in a presidential election, after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result. The Elections Act provided that before determining and declaring the final results of an election the Commission may announce the provisional results. The Elections Act also provided that the Commission shall announce the provisional and final results in the order in which the tallying of the results is completed.
On the date of elections, the Constitution provides that a general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. An election of the President shall be held on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year. Elections for a County Assembly member shall also be done on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year. The County Governor shall also be directly elected by the voters registered in the County, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year. A person who qualifies to be registered under section 5 of the Elections Act shall make an application in the prescribed manner to the Commission. All applicants for registration shall be registered in the appropriate register by the registration officer who shall transmit the information relating to the registration of the voter to the Commission for inclusion in the Principal Register of voters.
To be eligible for election as County Governor, a person must be eligible for election as a member of the County Assembly. If only one candidate for County Governor is nominated, that candidate shall be declared elected. Where two or more candidates are nominated, an election shall be held in the County and the candidate who receives the greatest number of votes shall be declared elected.
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