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| Elections Act (Kenya) | |
|---|---|
| Name | Elections Act |
| Long title | An Act of Parliament to provide for the conduct of elections and referenda and for connected purposes |
| Enacted by | Parliament of Kenya |
| Date assented | 2011 |
| Status | in force (as amended) |
Elections Act (Kenya)
The Elections Act is a statutory framework enacted by the Parliament of Kenya to regulate conduct of elections and referenda across the Republic of Kenya. It consolidates rules on voter registration, nomination, polling, counting and dispute resolution and interfaces with the Constitution of Kenya (2010), the Independent Electoral and Boundaries Commission and Kenyan judicial institutions such as the Supreme Court of Kenya and the High Court of Kenya. The Act has been central to electoral cycles involving major political actors including the Orange Democratic Movement, the Jubilee Party, the Kenya Kwanza Alliance and personalities like Uhuru Kenyatta and Raila Odinga.
The Act was enacted in the aftermath of the promulgation of the Constitution of Kenya (2010), which followed the post-election violence linked to the 2007–2008 Kenyan crisis and the mediation by Kofi Annan. Parliamentary debates in the National Assembly (Kenya) and the Senate of Kenya drew on comparative law from jurisdictions such as the Electoral Commission of India, the Independent Electoral Commission (South Africa), and legislative experiences in the United Kingdom and the United States. Key drafters consulted institutions including the Law Society of Kenya, the Kenya Human Rights Commission and international partners like the United Nations and the Commonwealth of Nations. The Act replaced or supplemented provisions previously found in instruments such as the Elections Act, 1963 and aligned statutory machinery with constitutional offices like the Office of the Attorney-General (Kenya).
The Act sets out modalities for voter registration, nomination of candidates, conduct of political parties such as the Orange Democratic Movement and the Wiper Democratic Movement, campaign finance rules referencing the Public Procurement and Asset Disposal Act, and regulation of electoral agents. It prescribes timelines for general elections, by-elections and referenda and details the powers of the Independent Electoral and Boundaries Commission in delimitation of constituencies referenced to the Independent Electoral and Boundaries Commission Act. Provisions govern polling station procedures, ballot security, tallying and transmission of results using technology influenced by international standards such as those from the International Foundation for Electoral Systems and the European Union Election Observation Mission. The Act also creates offences and penalties to be prosecuted by the Director of Public Prosecutions (Kenya) and adjudicated by courts including the High Court of Kenya.
Operational responsibilities under the Act lie primarily with the Independent Electoral and Boundaries Commission, which coordinates with the Registrar of Political Parties and the Office of the Registrar of Societies for party compliance. The Act interfaces with the Ethics and Anti-Corruption Commission on financial transparency and with the Communications Authority of Kenya for media monitoring during campaigns. Administrative actors include returning officers drawn from the Public Service Commission (Kenya) roster and security support from the Kenya Police Service and the Kenya Defence Forces in consultations. International engagement during implementation has involved observers from the African Union, the East African Community and bilateral missions such as the United Kingdom Foreign, Commonwealth and Development Office.
Since enactment the Act has structured multiple electoral cycles, affecting high-profile contests including presidential elections contested by figures like William Ruto and Martha Karua. Implementation has driven reforms in voter registration databases, biometric identification systems procured from international vendors and improved training for polling officials drawn from the Kenya School of Government. The statute has influenced civic education conducted by non-state actors such as Civic Education Network groups and NGOs including the Kenya Human Rights Commission and the Kenya National Commission on Human Rights. Outcomes have included adjustments to election timetables, refinements to result transmission protocols and enhanced legal mechanisms for petitions to the Supreme Court of Kenya.
The Act has been at the center of disputes involving electoral technology, result transmission and party nominations, producing high-profile litigation before the Supreme Court of Kenya and the Court of Appeal of Kenya. Contentious cases involved parties like the Orange Democratic Movement and the Jubilee Party and leaders such as Raila Odinga and Uhuru Kenyatta. Civil society organizations including the Kenya Human Rights Commission and the Law Society of Kenya have challenged provisions on grounds of transparency and due process, while international observers from the European Union and the African Union have issued findings leading to public debate. Constitutional petitions have invoked principles from the Constitution of Kenya (2010) and attracted interventions from regional courts including appeals to norms in the East African Court of Justice.
Parliament has amended the Act in response to judicial rulings by the Supreme Court of Kenya and recommendations from commissions such as the Independent Electoral and Boundaries Commission review panels. Amendments have addressed campaign finance, dispute timelines and the role of technology, influenced by precedents from the Constitutional Court of South Africa and guidance from the United Nations Development Programme. Ongoing reform proposals have been tabled in the National Assembly (Kenya) and debated in committee alongside stakeholders like the Law Society of Kenya, political parties and international partners including the Commonwealth Secretariat.
Category:Kenyan law Category:Elections in Kenya