Elective Positions Handbook -...

A HANDBOOK ON

PositionsElective

IEBCINDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

i

A H A N D B O O K O N

Elective Positions

ii

Independent Electoral and Boundaries CommissionUniversity Way, Anniversary Towers, 6th Floor,P.O Box 45371 - 00100Nairobi, Kenya

Tel: +254 020 - 2769000

Email: [email protected]

www.iebc.or.ke

Content Developer: Gideon Ochanda

Design and Layout: Midas Productions

© IEBC, 2012

All rights reserved. Parts of this document may be reproduced for non-commercial use without express permission from the authors, provided that acknowledgement is given to IEBC.

IEBC

Our Vision

“To be an independent and credible electoral management body committed to strengthening democracy in Kenya.”

Our Mission

“To conduct free and fair elections and to institutionalize a sustainable electoral process.”

Our Mandate

The Commission is responsible for conducting or supervising referenda and elections to any elective body or offi ce

established by the Constitution, and any other elections as prescribed by an Act of Parliament.

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About the Handbook

This handbook is intended for general reading. It aims at

promoting public understanding and appreciation of changes

introduced in elective politics under the 2010 Constitution.

It states the elective positions and explains the qualifi cations for

each position.

Further, it provides information on nominated seats that are

allocated on a specifi ed criteria.

iviv

SENATOR

MEMBER NATIONAL LL

ASEMBLYGO

VERNOR

DEPUTY GOVERNO

R

WO

MAN TO NA

PRESIDENTDEPUTY PRESIDENT

WARD REP

v

Acknowledgements

The Handbook on Elective Offi ces was developed with fi nancial and technical support from the UNDP Amkeni Wakenya through a consultative and Interactive process involving IEBC Commissioners, the staff and key stakeholders.

IEBC acknowledges with deep appreciation the outstanding support Mr Zaya Yeebo, Programme Manager UNDP Amkeni and the entire Amkeni Wakenya staff funding this handbook.

Special mention is also made of all IEBC Commissioners, the CEO IEBC Mr. James Oswago, Dr. Joel Mabonga, Director Voter Education and Partnerships, Mr Nixon Nganga, Manager Voter Education, Ms Ann Nderitu, Manager Partnerships, other members of the Directorate of Voter Education, staff and the IEBC headquarters and the constituency election coordinators for their invaluable input and support in developing the Handbook.

We are grateful to various stakeholders for their time spent in critiquing the draft document and in giving comments and suggestions that greatly enriched the Handbook.

We also acknowledge the contribution of Mr Gideon Ochanda in the generation of the

content and Midas Productions for the illustrations, design and layout

Mr Ahmed Issack Hassan, EBS.Chairman,Independent Electoral and Boundaries Commission (IEBC)

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P O L L I N G S T A T I O N

1

Contents

Introduction 2

Elective Positions 8

Elective Positions at the National Government 10

Qualifi cations for Elective Offi ces 18

Vacancies in Elective Positions 27

Elective Positions in County Governments 32

Leadership Requirements 38

Nominations in Elections 42

Election Disputes Resolution 45

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2

A H A N D B O O K O N E L E C T I V E P O S I T I O N S

Introduction

In many democracies, governments are usually made of three distinct arms:

The Executive.

The Legislature.

The Judiciary.

The Constitution of Kenya 2010 provides the same three arms but establishes two levels of Government:

i) The National Government.

ii) The County Government.

Each of the Governments is charged with specifi c responsibilities and provided with public institutions to enable it perform the functions. Other than the Judiciary, the other main arms of Government, the Legislature and the Executive are constituted through elections.

NEW GOVERNMENT ORGANS

EXISTING GOVERNMENT ORGANS

STRUCTURE OF GOVERNMENT

NATIONAL ASSEMBLY JUDICIARYSENATE

NATIONAL EXECUTIVE

PRESIDENT

THECABINET

NATIONALPUBLIC SERVICE

CONSTITUTIONAL COMMISSIONS

INDEPENDENT STATE OFFICES

COUNTYEXECUTIVE

COUNTY ASSEMBLY

GOVERNOR

EXECUTIVECOMMITTEE

COUNTYPUBLICSERVICE

PEOPLE OF KENYAPEOPLE OF KENYA

PARLIAMENT

3


The Independent Electoral and Boundaries Commission gives clearance to candidates for elections.

3

4


4

5


The Constitution empowers the people to exercise sovereign power directly through elections. Power is also exercised at both the central and county Governments on behalf of the people. For leaders to genuinely exercise power on behalf of the people, they must be elected democratically in free and fair elections. Elections give the people the right and freedom to make political choices.

Elections are to be done in line with set principles that emphasises on equality of the vote, proportional representation, gender equity and freewill of the voter. The principles include;

Membership to the elective bodies must not have more than two thirds of one gender.

Fair representation of persons with disabilities.

Fair representation and equality of the vote.

Free and Fair elections that;

– are free from violence, intimidation, improper infl uence, or corruption

– are transparent

– are conducted by an independent body and administered in an impartial, neutral, effi cient, accurate and accountable manner

– are done by secret ballot.

The new electoral system comprises of a direct election to elective positions, proportional representation based on party lists and special seats allocation for the youth, the disabled and the workers. All those chosen from any of the processes are state offi cers and leaders who must pass the test of good leadership qualities as well as legal requirements set by law.

6


The Independent Electoral and Boundaries Commission is responsible for conducting elections in Kenya. It is also responsible for the following:

To conduct continuous registration of voters.

Revision of voters roll.

Reviewing names and Drawing of electoral boundaries.

Regulate political parties’ nomination of candidates for elections and to monitor political parties’ compliance with legislations.

Settle electoral disputes before announcement of election results.

Registration of candidates for elections.

Voter education.

Facilitate election observation, monitoring and evaluation.

Regulate the amount of money used by candidates and parties in elections

Develop a code of conduct for parties and candidates.

Monitor compliance with the law relating to nomination of candidates by parties.

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8


Elective Positions

There are six elective positions.

1) President.

2) Senator.

3) Member of the National Assembly.

4) One woman elected to the National Assembly by voters in each county.

5) Governor.

6) Ward Representative.

In the election of the President and Governor, a Deputy President and a Deputy Governor will also be elected in the same ballot. However, there shall be no separate election for the Deputy President and Deputy Governor but they will be declared elected if the candidate who nominated them as running mates wins the elections. The deputy is also referred to as a running mate.

The President, the Deputy President and the Cabinet are members of the National Executive. The Legislature also known as Parliament is made up of members of the National Assembly including the 47 women elected from each county and Senators.

The Governor and Deputy Governor form the county executive while county ward representatives constitute the county legislature known as the County Assembly.

Each voter will have six votes to cast for the elective positions.

SENATOR

MEMBER NATIONAL

ASEMBLYGO

VERNOR

DEPUTY GOVERNO

R

WO

MAN TO NA

PRESIDENTDEPUTY PRESIDENT

WARD REP

9


ELECTORAL AREAS ELECTIVE POSITIONS

COUNTYEXECUTIVE

PRESIDENT RUNNING MATE

SENATOR

NATIONAL

WOMEN REPRESENTATIVEREPRESENTATIVE

COUNTY

WARDREPRESENTATIVE

NATIONAL ASSEMBLY

GOVERNORRUNNING

MATE

CONSTITUENCY

WARDN

AT

ION

AL

GO

VE

RN

ME

NT

CO

UN

TY

GO

VE

RN

ME

NT

PA

RL

IAM

EN

T

EXECUTIVE

SENATE

NATIONAL ASSEMBLY

COUNTYASSEMBLY

10


Elective Positions at the National Government

National Executive

The National executive arm of Government is headed by the President and the Deputy President.

The President—

is the Head of State and Government;

is the Commander-in-Chief of the Kenya Defence Forces;

is the chairperson of the National Security Council;

is a symbol of national unity;

safeguards the sovereignty of the Republic;

promotes and enhance the unity of the nation;

promotes respect for the diversity of the people and communities of Kenya;

ensures the protection of human rights, fundamental freedoms and the rule of law;

chairs Cabinet meetings;

directs and co-ordinates the functions of ministries and Government departments;

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PRESIDENT DEPUTY PRESIDENT

Head of State and Government

Commander-in-Chief of the Kenya Defence Forces

Chairperson of the National Security Council

Nominates, Appoints, Dismisses (with the approval of the National Assembly) the Cabinet Secretaries,the Attorney-General, the Secretary to the Cabinet,Principal Secretaries,high commissioners, ambassadors and diplomatic and consular representatives

Principal assistant of the President

Deputizes the President in the execution of the President’s functions

Acts as the President(when President absent, temporarily incapacitated or decides)

Assumes offi ce When a vacancy occurs in the offi ce of the president

HEAD OF NATIONAL EXECUTIVE

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receives foreign diplomatic and consular representatives;

confers honours in the name of the people and the Republic;

declares a state of emergency;

with the approval of Parliament, may declare war;

ensures that the international obligations of the Republic are fulfi lled;

may exercise power of mercy based on the advice of the Advisory Committee.;

nominates and with the approval of the National Assembly appoint and may dismiss—

(a) the Cabinet Secretaries,

(b) the Attorney-General,

(c) the Secretary to the Cabinet,

(d) Principal Secretaries,

(e) high commissioners, ambassadors and diplomatic and consular representatives.

The Deputy President is the principal assistant of the President and is to deputize the President in the execution of the President’s functions. During any other period that the President decides, the Deputy President acts as the President.

The President is elected by registered voters in a general election for a term of fi ve years. He/she cannot hold offi ce for more than two terms.

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A candidate only wins a presidential election if he/she receives—

(a) more than half of all the votes cast in the election; and

(b) at least twenty-fi ve per cent of the votes cast in more than half of the counties.

Run-offIn case no candidate is elected, a fresh election referred to as a run-off is held within the next thirty days between the top two candidates. The candidate who receives the most votes

in the fresh election gets declared as President.

WINNER PRESIDENTIAL ELECTION

MORE THAN HALF OF ALL THE VOTES CAST

IN THE ELECTION(50%+1)

AT LEAST TWENTY-FIVE PER CENT OF THE VOTES CAST IN MORE THAN 24

COUNTIES

1stPRESIDENTIAL ELECTION

WINNER PRESIDENTIAL ELECTION

TOP TWO CANDIDATES

ELECTIONS WITHIN 30 DAYS

1stPESIDENTIAL RUN-OFF

MOST VOTES IN

THE FRESH ELECTION

14


Election of Members of Parliament

At the National Government level, elections are done for members of Parliament – both National Assembly members and the Senate and for the President and the Deputy President as a running mate. The National Parliament consists of the National Assembly and the Senate.

Role of the National Assembly—

represents the people of the constituencies and special interests in the National Assembly;

deliberates on and resolves issues of concern to the people;

makes national laws;

decides on the allocation of national revenue between the levels of Government and other national State organs;

oversees State organs, national revenue and its expenditure;

reviews the conduct of the President, the Deputy President and other State offi cers and may initiate the process of removing them from offi ce.

Composition of the National Assembly—

290 members elected by the registered voters of each constituency;

47 women elected from every county. Only women candidates stand to compete amongst themselves but are voted for by both male and female voters of the county. Women Representatives are members of the National Assembly and not the Senate;

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12 members nominated by parliamentary political parties to represent special interests including the youth, persons with disabilities and workers;

1 Speaker - an ex offi cio member. The Speaker is elected by the members from applicants who are not members of the assembly. A deputy Speaker is also elected by the members but from amongst the members of the assembly.

COMPOSITION OF THE NATIONAL ASSEMBLY

290 MEMBERS ELECTED BY THE

REGISTERED VOTERS

47 WOMEN ELECTED FROM EVERY

COUNTY

12 MEMBERS NOMINATED

TO REPRESENT SPECIAL

INTERESTS

1 SPEAKER

16


Role of the Senate—

represents the counties;

protects the interests of the County Governments;

makes laws for the county Government;

decides on the allocation of national revenue among counties;

oversees national revenue allocated to the county Governments;

participates in the oversight of State offi ces;

has the fi nal vote in the removal (impeachment) of the President or Deputy President from offi ce.

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17


Composition of the Senate—

47 members each elected by the registered voters of the Counties;

16 women members nominated by political parties;

2 members, one man and one woman, representing the youth;

2 members, being one man and one woman, representing persons with disabilities;

The Speaker- an ex offi cio member. The Speaker is elected by the members from applicants who are not members of the assembly. A Deputy Speaker is also elected by the members but from amongst the members of the assembly.

COMPOSITION OF THE SENATE

47 MEMBERS

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Qualifi cations for Elective Offi ces

Qualifi cations for Election of a Presidential Candidate

(a) is a citizen by birth;

(b) has the qualifi cations required for a member of Parliament;

(c) is nominated by a political party, or is an independent candidate;

(d) is nominated by two thousand or more voters from at least 24 counties;

(e) holds a university degree from a university recognized in Kenya;

(f) a person is not qualifi ed for nomination as a presidential candidate if the person;

• owes allegiance to a foreign state.

“I have all the

qualifications for

election as a Presidential

candidate”

QUAL

IFIE

D

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Qualifi cations for Election of a Member of Parliament

A person is eligible for election as a Member of Parliament (National Assembly/Senate) if the person—

(a) is registered as a voter;

(b) has a post secondary school qualifi cation

(c) moral and ethical requirements prescribed by the Constitution or by an Act of Parliament;

(d) is nominated by a political party, or is an independent candidate who is supported–

(i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or

(ii) in the case of election to the Senate, by at least two thousand registered voters in the county.

Disqualifi cation for Member of Parliament

A person is disqualifi ed from being elected as a Member of Parliament if the person—

(a) is a State offi cer or other public offi cer, other than a member of Parliament. State offi cers and public offi cers intending to contest must resign seven months before elections date;

(b) has held offi ce as a member of the Independent Electoral and Boundaries Commission in the immediate past fi ve years;

(c) has not been a citizen of Kenya for at least the ten years immediately before the date of election;

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(d) is a member of a county assembly;

(e) is of unsound mind;

(f) is an undercharged bankrupt;

(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election;

(h) has been found in accordance with any law to have misused or abused a State offi ce or public offi ce.

Qualifi cations for Election of a County Governor

To be eligible for election as county governor, a person must—

(a) be eligible for election as a member of the county assembly;

(b) be a holder of a degree from a recognised university.

“I am eligible for election as a

County Governor because I am

eligible for election as a member

of the county assembly and I

have a degree ”

ELIGBLE

FOR

COUNTY

GOVERNOR

21


Qualifi cations for Election of a County Assembly Member

For a person to be eligible as a member of a County Assembly, he/she must be—

(a) registered as a voter;

(b) in a possession of a post secondary school qualifi cation;

(c) able to meet moral and ethical requirements prescribed by law;

(c) is either—

(i) nominated by a political party; or

(ii) an independent candidate supported by at least fi ve hundred registered voters in the ward concerned.

Disqualifi cation from Being Elected a Member of a County Assembly

A person is disqualifi ed from being elected a member of a County Assembly if the person—

(a) is a State offi cer or other public offi cer;

(b) has, at any time within the fi ve years immediately before the date of election, held offi ce as a member of the Independent Electoral and Boundaries Commission;

(c) has not been a citizen of Kenya for at least ten years immediately before the date of election;

(d) is of unsound mind;

(e) is not bankrupt;

(f) is serving a sentence of imprisonment of at least six months; or

(g) has been found in accordance with any law to have misused or abused a State offi ce or public offi ce.

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Independent Candidates

Individual candidates are allowed to stand on their own for any elective position. These are candidates who are not members of any political party, are different from PICK which in itself was a political party. One qualifi es as an independent candidate if the person is not a member of a registered political party and has not been a member of any party for at least three months immediately before the date of the election. In addition, the independent candidates must meet the requirements specifi ed for the elective position they wish to stand for.

The supporters of the independent candidates must not be members of any political party.

“I can stand as an

Independent candidate

because I am not

affiliated to any political

party”

23


Swearing in of the President

The swearing in of the President- elect is to be done in public presided over by the Chief Justice or in his/her absence the Deputy Chief Justice. The swearing in is conducted on the fi rst Tuesday after the expiry of 14 days when the results are declared in case there is no petition or 7 days after the validation of the election in the petition.

Can the President Be Removed From Offi ce?

The President may be removed from offi ce on any of the following grounds––

(a) gross violation of the Constitution or any other law;

(b) there are serious reasons for believing that the President has committed a crime under national or international law;

(c) gross misconduct;

(d) physical or mental incapacity to perform the functions of offi ce of the President.

The process of removing the President may be conducted in two ways:

1. through either a motion for investigation on the President’s physical or mental capacity instituted by the National Assembly and supported by at least a quarter of all the members and then forwarded to the Senate where the same number is required or;

2. through a motion of impeachment based on the grounds stated above instituted by a member of the National Assembly.

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The swearing in of the President- elect is to be in public presided over by the Chief Justice or in his/her absence the Deputy Chief Justice

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“The term of office of the

Deputy President ends when

the person next elected

President is sworn in”

The former process includes the formation of a tribunal of inquiry and a fi nal simple majority vote of all members of the National Assembly.

The latter process involves the Senate and not a tribunal. By a Senate vote of two thirds of all the members of the Senate upholding the impeachment charge, the President ceases to hold offi ce.

Election and Swearing in of Deputy President

Each candidate in a presidential election nominates a running mate who is qualifi ed for nomination for election as President, as a candidate for Deputy President. There is no separate nomination process for the Deputy President. The swearing in of the Deputy President-elect is to be before the Chief Justice or in his/her absence, the Deputy Chief

25

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Justice. It must be done in public. The term of offi ce of the Deputy President runs from the date of the swearing in of the Deputy President and ends—

(a) when the person next elected President at an election is sworn in;

(b) on the Deputy President assuming the offi ce of President; or

(c) on resignation, death or removal of the Deputy President from offi ce. The Deputy President may resign from offi ce at any time by notice in writing to the President. A person may not hold offi ce as Deputy President for more than two terms.

Removal of Deputy President

The Deputy President may be removed from offi ce—

(a) on the ground of physical or mental incapacity to perform the functions of offi ce;

(b) on impeachment—

(i) on the ground of a gross violation of a provision of the Constitution or any other law;

(ii) because there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or

(iii) for gross misconduct. Provisions relating to the removal of the President apply to the removal of the Deputy President.

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Vacancies in Elective Positions

Vacancy in the Offi ce of President

When a vacancy occurs in the offi ce of the President, the Deputy President assumes offi ce as the President for the remainder of the term of the President. The term is only treated as a full term if more than two and a half years remain before the date of the next election. If a vacancy occurs in the offi ce of the President and that of Deputy President or if the Deputy President is unable to act, the Speaker of the National Assembly acts as President for sixty days within which election to the offi ce is held.

Vacancy in the Offi ce of Deputy President

Within fourteen days after a vacancy in the offi ce of Deputy President arises, the President nominates another person to fi ll the vacancy with the approval of the National Assembly. The term of the new Deputy President is dependent on whether at the time of appointment the period left is either before or after half of the period served. If the time left is less than two and a half years, then it is not treated as a full term.

When a vacancy occurs in the

office of the President, the Deputy

President assumes office as the

President for the remainder of the

term of the President

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Vacancy in the Offi ce of a Member of Parliament

The offi ce of a Member of Parliament may become vacant—

(a) if the member dies;

(b) is absent from eight sittings of the House without permission;

(c) if the member is legally removed from offi ce;

(d) if the member resigns from Parliament in writing to the Speaker;

(e) if the member resigns from his/her political party or as an independent candidate, the member joins a political party;

(f) The electorate recalls the Member of Parliament.

Where a vacancy occurs either in the National Assembly or Senate, the respective Speaker shall give notice of a vacancy to the IEBC within 21 days. The by-election shall be held thereafter within 90 days after the notice.

Where a vacancy occurs either in

the National Assembly or Senate,

the respective Speaker shall give

notice of a vacancy to the IEBC

within 21 days

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Vacancy in the Offi ce of County Governor

The offi ce of the County Governor shall become vacant if the holder of the offi ce—

(a) dies;

(b) resigns in writing addressed to the Speaker of the County Assembly;

(c) ceases to be eligible, to be elected county governor;

(d) is convicted of an offence punishable by imprisonment for at least twelve months;

(e) is removed from offi ce under the Constitution.

If a vacancy occurs in the offi ce of County Governor, the Deputy County Governor assumes offi ce as County Governor for the remainder of the term of the County Governor. If, more than two and a half years remain before the date of the next election it will be treated as a full term. If a vacancy occurs in the offi ce of County Governor and that of Deputy County Governor or if the Deputy County Governor is unable to act, the Speaker of the County Assembly shall act as County Governor for sixty days within which election to the offi ce of County Governor shall be held.

The office of the county

governor shall become vacant

if holder is convicted of a

punishable offence

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Recall Elections

Recall elections are elections carried out when a Member of Parliament loses a seat if found by a court of law to have:

violated leadership and integrity provisions;

mismanaged public resources;

be convicted of electoral offences.

The recall provision corresponds to the principle that sovereign power is only delegated and may be withdrawn by the people when it is not exercised according to their will. The recall process can only be initiated through a petition by a voter who participated in the election, it can not be initiated by an unsuccessful candidate in the election.

The petitioner fi les the matter with the IEBC specifying grounds for the recall in writing and accompanying the petition with;

Order of the high court.

List of names of registered voters in the constituency/county, electors card numbers, identity card/passport and signature of the voters supporting the petition. The list must have at least 30% of the registered voters from at least 15% from more than half the wards in the constituency/county. The list is collected and submitted to the commission within 30 days after fi lling the petition.

Five hundred thousand shillings petition fees.

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“As a voter, I can

recall my elected

member”

The IEBC verifi es the lists of names in a 30 day period and when satisfi ed, issues a notice to the Speaker of the relevant House in 15 days then conducts a recall election within 90 days. The IEBC shall frame the recall question in a manner that requires a “yes” or “no” vote. A recall election is only valid when it is supported by at least 50% of the registered voters. The result is decided on by a simple majority. A successful recall election gives way to a by-election where a recalled member of parliament may still run.

Recall petitions can only be done after the completion of the 1st half.

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Elective Positions in County Governments

County Governor and Deputy County Governor

The County Governor is directly elected by the voters registered in every county, on the same day of the general election. Each candidate for election as County Governor nominates a person who is qualifi ed for nomination for election as County Governor as a candidate for Deputy Governor.

Role of the Governor—

head of the county executive;

incharge of all county services;

appoints the county executive committees with the approval of county assembly;

appoints town committees and municipal boards for towns and municipalities within the county area.

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The county governor is directly elected by the voters registered in every County, on the same day of the general election

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GOVERNOR DEPUTY GOVERNOR

Chief executive of the county

Makes laws for the county Government

Exercise oversight over the county executive organs

Receives and approves plans and policies for the counties

Head of Members of the county executive committee

Principal assistant of the Governor

Deputizes the Governor in the execution of the Governor’s functions

Assumes offi ce When a vacancy occurs in the offi ce of the Governor

HEAD OF COUNTY EXECUTIVE

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Removal of a County Governor

A county governor may be removed from offi ce on any of the following grounds––

(a) gross violation of the Constitution or any other law;

(b) commits a crime under national or international law;

(c) abuse of offi ce or gross misconduct;

(d) physical or mental incapacity to perform the functions of offi ce of County Governor.

County Assembly

Eligibility for Elections in County Assembly

County Assemblies are the legislative organ of County Governments. They are to—

make laws for the county Government;

exercise oversight over the county executive organs;

receive and approve plans and policies for the Counties.

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Composition of County Assembly—

Persons elected from wards;

A number of candidates refl ecting a third of total number of wards for purposes of gender equity;

4 persons with disability;

4 youth candidates.

“Four youth are part of

the composition of the

county assembly”

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Political parties conduct their own individual internal nominations of candidates to various elective offi ces based on each political party’s constitution, nomination rules and regulations.

PART Y

NOMINAT ION

BR I E F ING

37

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Leadership Requirements

Leadership refers to the ability to organise or direct affairs of a group towards the achievement of the group’s goal. Leaders direct and guide their communities or their organisations towards achievement of the communities’ goal. They provide a vision for the community and inspire people to achieve their goals. They infl uence people to work for group’s objectives. Leadership involves accomplishing goals with and through people. Leaders ensure public resources are managed for the benefi t of everyone. It is therefore important for people to choose their leaders wisely and carefully. Elections are an opportunity for people to choose good leaders so as to ensure that they do not suffer the consequences of bad leadership. All the candidates seeking leadership positions should be put to test and are required to satisfy the qualifi cations of a good leader. People should seek to “choose” best candidates for the job – the ones who fulfi l the leadership qualities.

“I will choose good

leaders so that I benefit

from the results of

good leadership.”

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Consequences of:

GOOD LEADERSHIP

Protection of political and civil rights;

Equal opportunities for all;

Confi dence in the state and its organs;

Democracy is strengthened;

The economy grows, poverty levels reduce;

Health, education and social welfare are improved;

National cohesion and unity improves;

Leadership of other institutions improves; and

Levels of unemployment are reduced.

BAD LEADERSHIP

No protection of civil or political rights;

Unequal opportunities;

There is no respect for the rule of law in the state;

Democracy is eroded;

Corruption and poverty levels continue to increase;

Health, education and social welfare becomes worse;

Negative ethnicity increases; and

The economy does not grow, resulting in high levels of unemployment.

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Qualities of a good leader

A good leader should be—

accountable to the people;

available for consultation by the people;

responsive to the needs of the people;

honest;

of integrity;

approachable and understanding;

open and accessible;

self-respecting and respectful;

principled and tolerant;

fair and just in handling dispute.

“This is how we

used last years

expenditure”

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Requirements of a good leader

“As a state officer,

I understand the

requirements of a

good leader”

All the elected people are state offi cers. They are required to—

understand that they hold the offi ces as trustees of the people;

demonstrate respect to the people;

bring honour and dignity to the offi ces;

promote public confi dence through their actions;

serve the people not to rule them;

be objective and impartial in decision making;

be honest, accountable, disciplined and committed in service to the people.

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Nominations in Elections

There are two different stages of nominations.

Stage one;

A. Political Parties’ Nominations

The political parties are to nominate candidates at two levels.

1. is known as party primaries: political parties conduct individual internal party nominations to determine the party candidate for each elective position. Parties are allowed 21 days to conduct their nominations.

2. is nominations by political parties through party lists. Political parties are to provide lists of potential candidates for fi elding special seats in the Senate, the National Assembly and the county assembly. Each participating political party submits a list to IEBC on a date set by the Commission. The date must fall before the date of the nomination of the candidates. The party list is valid for the term of parliament or county assembly. It cannot be amended. If anything happens to a representative in the list that cannot make him/her be in the list then the slot gets allocated to the next representative in the list. The list is submitted in order of priority with individuals who have been members of the submitting party for at least three months before the date of elections. The party list may not contain a name of any presidential or deputy presidential candidate.

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Based on the results, participating parties get slots proportional to the number of seats each party wins in that election.

Stage two;

B. Nominations Conducted by the IEBC

1. Stage two is the nominations conducted by the IEBC. To qualify to stand for elections, candidates must be cleared by IEBC. The commission ensures that candidates are validly nominated and that they meet specifi ed requirements.The commission has the powers to nullify candidates nominations that are not properly done or if the candidates engage in unlawful activities e.g. participating in a harambee (fund-raiser) within eight months to an election.

“My nomination is valid,

I have been cleared by

the IEBC to stand for

elective office”

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The party lists submitted are to have;

National Assembly

12 candidates (Youth, Disability and workers)

Senate

16 women candidates 2 youth candidates 2 disability candidates

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Election Disputes Resolution

Elections like any other form of competition attracts disputes. The IEBC is mandated to settle all pre polling electoral disputes but not on any dispute that touches on post declaration of results and election petitions. The commission has seven days within which it has to resolve disputes lodged with it. The disputes related to nominations or elections have to be dealt with before the date of nomination or election.

Election Petitions

All the elections including referenda may be petitioned.

Presidential Petitions

Petition against presidential elections may only be fi led with the Supreme Court within seven days after the declaration of results. The court has 14 days within which to hear and determine the petition. Its decision is fi nal. If it fi nds out that the election was not proper then a fresh election is called within the next 60 days. The petitioner to the elections is required to deposit a security of Kshs. 1 million

Parliamentary Petitions

Election petition concerning parliamentary election and county election are fi led in the High Court within 28 days after the results announcement. The court has to hear and determine them within 6 months. The process of serving the petition may be direct to the person or through a newspaper advertisement in a newspaper with national circulation. The petitioner is required to deposit with the court a security of Kshs 500,000 in case of parliamentary petition or Kshs100, 000 for county assembly respectively.

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All the elections including referenda may be petitioned. Petition against presidential elections may only be fi led with the Supreme Court within seven days after the declaration of results.

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Referendum Petitions

Referendum petitions are allowed and are to be presided over by a bench of three judges appointed by the Chief Justice. The petitions are to be heard and determined in a period of 6 months. The security fees payable is determined by the Rules Committee constituted under the Civil Procedure Act.

Election Offences

Election offences are acts against the conduct of free, fair and impartial elections. The offences may be committed by any individual or group in the electoral process.

It is illegal for any person to—

develop or be in a possession of a register of voters, a voters card or supply a voters card or ballot paper without authority;

in possession of another person’s voters card;

destroy, damages or alters anything in the voters card, ballot paper or any other election material;

sell or purchase a voters card or ballot paper;

register more than once;

vote more than once;

aid a person to register more than once;

put into any ballot box anything other than ballot paper;

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be in possession of ballot paper or other election materials outside a polling station;

mark on another persons ballot paper when not authorised;

interferes with another persons right to secrecy of the ballot;

pretend to be unable to read or write or being visually impaired in order to be assisted;

chant or wear election materials into a polling station;

obtain information from a voter on their preferred candidate;

communicate with a voter once given a ballot paper except the presiding offi cer;

accept any foodstuffs or monies or any other rewards from candidates or their agents;

compel, intimidate or force a person to vote or support a particular candidate or political party;

impersonate anybody in the electoral process;

treat, unduly infl uence or bribe in the electoral process;

interfere in campaigns using abusive language, inciting to violence, use of force or preventing the conduct of any political meeting.

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“I will not accept any

foodstuffs or monies or

any other rewards from

candidates or their agents

because it is an election

offence”

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Election offi cials and members of staff of the commission are not allowed to—

conduct activities related to polling duties without making an oath of secrecy;

make any false or untrue entries to any materials under their custody;

permit assistance to voters who are able to read and write;

prevent any voter from casting their vote in the right polling station;

reject or refuse to count a valid vote intended for any particular candidate;

count a doubtful ballot paper;

interfere with the casting of vote in secret;

offer undue advantage to any political party or candidate.

“As an Election

official I can not

make any false or

untrue entries”

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Candidates to elections are not allowed to—

treat voters–treating includes infl uencing a voter to vote or refrain from voting for a particular candidate, promising a reward or providing foodstuffs to voters or making payment in any manner to a voter;

directly or indirectly threaten use of force or any form of harm;

compel a person to vote in a particular manner;

prevent a voter from a free exercise of right to vote;

prevent a person from being nominated as a candidate;

infl uence the result of an election;

use public resources.

“Candidates to

elections are not

allowed to use public

resources”

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Penalties

Penalties for election offenders vary based on the nature of the offense.

I. Offences relating to register of voters and voters cards attract a fi ne of up to Kshs 1 million and to imprisonment of up to 6 years.

II. Offenses relating to multiple registrations attract a fi ne of up to Kshs 100,000 or up to 1 year imprisonment or both and is further not allowed to participate in that election and the next election.

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III. Offenses relating to voting process are penalised up to Kshs 1million or imprisonment of up to 6 years or both.

IV. Election offi cials’ offences attract a fi ne of up to Kshs 1 million or 3 years imprisonment or both. Candidates who commit any offence get disqualifi ed from running in the elections.

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NOTES

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