Kenyan Constitution: Chapter Seven, Part 1, Article 81 to 83

Representation of the people

Part 1: Electoral system and process

Article 81: General principles of electoral system

The electoral system shall comply with the following principles–

(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
(c) fair representation of persons with disabilities;
(d) universal suffrage based on the aspiration for fair representation and equality of vote; and
(e) free and fair elections, which are–

(i) by secret ballot;
(ii) free from violence, intimidation, improper influence or corruption;
(iii) conducted by an independent body;
(iv) transparent; and
(v) administered in an impartial, neutral, efficient, accurate and accountable manner.

Article 82: Legislation on elections

(1) Parliament shall enact legislation to provide for–

(a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies;
(b) the nomination of candidates;
(c) the continuous registration of citizens as voters;
d) the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and
(e) the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote.

(2) Legislation required by clause (1) (d) shall ensure that voting at every election is–

(a) simple;
(b) transparent; and
(c) takes into account the special needs of–

(i) persons with disabilities; and
(ii) other persons or groups with special needs

 Article 83: Registration as a voter

(1) A person qualifies for registration as a voter at elections or referenda if the person–

(a) is an adult citizen;
(b) is not declared to be of unsound mind; and
(c) has not been convicted of an election offence during the preceding five years.

(2) A citizen who qualifies for registration as a voter shall be registered at only one registration centre.
(3) Administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.

Read: Kenyan Constitution: Chapter Six, Leadership and Integrity, Article 76 to 80