Kenyan Constitution: Chapter Seven, Part 1, Article 84 to 87

Representation of the people

Part 1: Electoral system and process

Article 84: Candidates for election and political parties to comply with code of conduct

 In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

Article 85: Eligibility to stand as an independent candidate

Any person is eligible to stand as an independent candidate for election if the person –

(a) is not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and
(b) satisfies the requirements of–

(i) Article 99 (1) (c) (i) or (ii), in the case of a candidate for election to the National Assembly or the Senate, respectively; or
(ii) Article 193 (1) (c) (ii), in the case of a candidate for election to a county assembly

Article 86: Voting

At every election, the Independent Electoral and Boundaries Commission shall ensure that–

(a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;
(b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;
(c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and
(d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

Article 87: Electoral disputes

(1) Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.
(2) Petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission.
(3) Service of a petition may be direct or by advertisement in a newspaper with national circulation.