Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
ELECTIONS ACT
THE ELECTIONS (GENERAL) REGULATIONS
LEGAL NOTICE 128 OF 2012
- Published in Kenya Gazette Vol. CXIV—No. 109 on 9 November 2012
- Commenced on 2 November 2012
- [Amended by Elections (General) (Amendment) Regulations, 2017 (Legal Notice 72 of 2017) on 5 May 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Elections (General) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—“acknowledgement slip” means a document issued by the returning officer acknowledging application for registration;“Act” means the Elections Act (Cap. 7);“agent” means a person appointed under section 30 of the Act;“authorised official of the party” in relation to a person required to sign the nomination paper of a candidate means an official of a party authorised in that behalf in accordance with section 31(3) of the Act;“campaign” means the promotion of a candidate or political party for the purposes of an election during the campaign period;“close of nominations” means four o’clock in the afternoon of the last nomination day for respective elections;“Commission” means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;“copy register” means the copy of the Register of Voters or part thereof supplied to a polling station under regulation 6 (4)(a) or its electronic version;“county returning officer” means a returning officer appointed pursuant to regulation 4;“election officer”, means a person appointed by the Commission to assist in conducting an election under these Regulations and includes a returning officer, deputy returning officer, a presiding officer, a deputy presiding officer, a clerk or an interpreter;“electoral number”, in relation to a voter, means the number shown against the name of that voter in the Register of Voters for his or her constituency;“nomination paper” means nomination papers delivered, in accordance with these Regulations, to the appropriate officer by or on behalf of a person intending to contest as a candidate at an election;“party primary” means the process through which a political party elects or selects a candidate for an election but does not include a party list;“police officer” means a police officer assigned to perform the duties that are performed by a police officer under these Regulations;“political party candidate” means a candidate nominated by a political party to contest an election under the Act;“polling day” means the election date as stipulated in the Constitution or such other date set for an election by the Commission;“polling station diary” means a record of all the activities at a polling station on the polling day;“presiding officer” means a person appointed under regulation 5 to preside at a polling station;“rejected ballot paper” means a ballot paper rejected in accordance with regulation 78;“returning officer” has the meaning assigned to it under the Act and includes, a county returning officer appointed under regulation 4;“spoilt ballot paper” means a ballot paper accepted as spoilt by the presiding officer under regulation 71;“stray ballot paper” means ballot a paper cast in the wrong ballot box;“subscriber” in relation to a nomination paper, means any supporter whose name appears on the nomination paper other than the authorised official of a political party.[L.N. 72/2017], r. 2.]Part II – MATTERS PRELIMINARY TO ELECTIONS
3. Constituency returning officers and other staff
4. Appointment of county returning officers
5. Presiding at polling station, oath of secrecy, etc
6. Appointment of polling clerks
7. Electoral areas and polling stations
8. Use of schools and other public facilities for elections
9. Party symbol
10. Independent candidate name and symbol
11. Vacancy notices and notices for elections
12. Publication of notice of election
Part III – NOMINATION OF CANDIDATES BY POLITICAL PARTIES AND PARTICIPATION OF INDEPENDENT CANDIDATES IN ELECTIONS
13. Parties to observe qualifications, etc.
13A. Submission of Party membership lists
Each political party shall submit to the Commission a party membership list as prescribed in Form 11A in the Schedule.[L.N. 72/2017, r. 8.]13B. Submission of details by parties for primaries
Each political party shall submit to the Commission the date, venue and names of persons contesting in party primaries in both printed and electronic format set out in Forms 11B, 11C, 11D 11E, 11F and 11G.[L.N. 72/2017, r. 8.]13C. Submission of names
Every political party shall submit the names of the party candidates who have been selected to participate in the general elections in both printed and electronic format as prescribed in Forms 11H, 11I, 11J, 11K, 11L and 11M set out in the Schedule.[L.N. 72/2017, r. 8.]14. Party to submit list of candidates
15. Certain requirements for independent candidates
A person who is a Kenyan citizen, and who intends to contest for an elective post as an independent candidate shall—Part IV – NOMINATION OF PRESIDENTIAL CANDIDATES
16. Manner of nomination of political party presidential candidate
17. Manner of nomination of independent presidential candidate
18. Supporters of nomination of presidential candidate and statutory declaration
19. Nomination fees of presidential candidates
An application for nomination for candidature at a presidential election shall be accompanied by a non-refundable nomination fee, in banker's draft of-20. Certain obligations of independent candidates for the office of president
21. Declaration of no contest: Presidential election
If at the close of nominations for a presidential election, only one candidate is validly nominated, the Commission shall publish a notice in the Gazette showing the name of the candidate so nominated and stating that the presidential election shall not be held, and the Commission shall declare the candidate elected as President in Form 14.Part V – NOMINATION OF CANDIDATES FOR NATIONAL ASSEMBLY
22. Nomination of political party candidates for National assembly
A political party candidate at a parliamentary election for the National Assembly or county woman representative shall be nominated by a political party by delivery, to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 15 set out in the Schedule.23. Nomination of independent candidates for National Assembly
An independent candidate at a parliamentary election for the National Assembly or the county woman representative shall deliver to the returning officer, on the day fixed for the nomination of candidates at that election, an application for nomination in Form 15 set out in the Schedule.24. Supporters of nomination of candidate for National Assembly
24A. Nomination of County Woman representative of the National Assembly
Where the nomination is for a county woman representative of the National Assembly, the candidate shall make an application for nomination in Form 15A as prescribed in the Schedule.[L.N. 72/2017, r. 13.]25. Nomination fees for candidate for National Assembly
An application for nomination for candidature at a parliamentary election shall be accompanied by a non-refundable nomination fee, in banker's draft, of—Part VI – NOMINATION OF CANDIDATES FOR SENATE
26. Nomination of political party candidate for Senate
A political party candidate at an election for the Senate shall be nominated by a political party by delivery, to the county returning officer on the day fixed for the nomination of candidates at that election, of a application for nomination in Form 16 set out in the Schedule.27. Nomination of independent candidate for Senate
An independent candidate at an election for the Senate shall be nominated by delivery to the county returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 16 set out in the schedule.28. Supporters of nomination of candidate for Senate
29. Nomination fees for candidate for Senate
An application for nomination for candidature at a Senate election shall be accompanied by a non-refundable nomination fee, in banker's draft, of—Part VII – NOMINATION OF COUNTY GOVERNOR CANDIDATES
30. Nomination for political party candidate for county governor
A political party candidate for election as county governor shall be nominated by the political party by delivery, to the county returning officer, on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 17 set out in the Schedule.31. Nomination of independent candidates for county governor
An independent candidate at a county governor election shall deliver to the returning officer on the day fixed for the nomination of candidates at that election, an application for nomination in Form 17 set out in the Schedule.32. Supporters of nomination of county governor candidate
33. Nomination fees for county governor candidates
An application for nomination for candidature at a county governor election shall be accompanied by a non-refundable nomination fee, in banker's draft, of—Part VIII – NOMINATION OF CANDIDATES FOR COUNTY ASSEMBLY MEMBER
34. Nomination of political party candidate for county assembly member by political parties
A political party candidate at a county assembly election shall be nominated by a political party by delivery to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 18 set out in the schedule.35. Nomination of independent candidate for county assembly
An independent candidate at a county assembly member election shall deliver to the returning officer on the day fixed for the nomination of candidates at that election, of an application for nomination in Form 18 set out in the Schedule.36. Supporters of nomination of candidate for county assembly
37. Nomination fees for candidate for member of county assembly
An application for nomination for candidature at a county assembly member election shall be accompanied by a non-refundable nomination fee, in banker's draft of—Part IX – GENERAL PROVISIONS ON NOMINATION OF CANDIDATES AND REFERENDUM
38. General requirements: political party candidates
A nomination paper submitted by a political party candidate to the Commission shall—39. General requirements: independent candidates
A nomination paper submitted by an independent candidate to the Commission shall—40. Independent candidates to supply physical address
Every independent candidate for elections shall provide a physical address located in the respective electoral area for purposes of physical service of documents.41. Statutory declaration for purposes of nomination
A person nominated to contest in a parliamentary or county election shall submit to the returning officer together with the application for nomination a statutory declaration in Form 19 set out in the Schedule.42. Supply of nomination forms
A returning officer shall supply free of charge to any voter of his or her electoral area an application for nomination upon a request made by the voter or on behalf of the voter at such place and time as is specified in a notification under regulation 11.43. Validity of nomination papers
44. Withdrawal of candidature before nomination
A candidate whose nomination papers have been delivered to the returning officer may, before the close of nominations, by notice in writing signed by him or her before the returning officer and presented to the returning officer, withdraw his or her candidature.45. Multiple subscribers, etc.
46. Ethical requirements
A candidate shall obtain and submit a self-declaration form as prescribed under the Leadership and Integrity Act (Cap. 185C).[L.N. 72/2017, r. 17.]47. Ascertainment of educational qualifications
48. Attendance at delivery of nomination papers
49. Death of candidate
Where after the close of the nomination, and before the poll is commenced, proof is given to the satisfaction of the returning officer of the death of a person who has been duly nominated, all the proceedings with reference to the election in that electoral area shall cease and shall be commenced afresh as if the notice had been received on the day on which proof of the death was given, or in the case of a general election or an election involving other electoral areas, the day following the announcement of the last election results:Provided that no fresh nomination shall be necessary in the case of a person already duly nominated for the election affected by this regulation whose nomination shall remain valid.50. Disruption of nomination
51. Nomination certification, etc.
52. Withdrawal of candidature after nomination
53. Declaration of no contest: Other elective posts
If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect.[L.N. 72/2017, r. 21.]53A. Swearing in of an elected candidate
Where a candidate has been duly elected the speaker of the relevant assembly shall swear in the candidate within seven days of the date of the election.[L.N. 72/2017, r. 22.]Part X – NOMINATIONS FOR PARTY LISTS
54. Submission of political party list for allocation of special seats
55. Party list to be prepared in accordance with party rules
56. Commission to publish formula for allocation of seats
56A. Re-allocation of special seats from the Party list
Where a political party expels a member elected through a party list during the term of Parliament or County Assembly as the case may be, the party shall be required to submit—56B. Resignation of a member elected through party list
Where a member elected through a party list resigns during the term of Parliament or County Assembly as the case may be, the party shall be required to submit—Part XI – PROVISIONS RELATING TO THE CAMPAIGN PERIOD
57. Appointment of national and county chief elections agents
58. Deleted
Deleted by L.N. 72/2017, r. 26.Part XII – PROVISIONS ON VOTING AT ELECTIONS
59. Election procedure
60. Electronic voting
Where the Commission intends to conduct an election by electronic means, it shall, not later than three months before such election, publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium, guidelines that shall apply in such voting.61. Election material at polling station
62. Admission to polling station
63. Keeping order at polling station
64. Adjournment, etc, of polling by the presiding officer
64A. Postponement of an election by the Commission
65. Communication at polling station
66. Polling time
67. Sealing of ballot boxes, etc
68. Ballot papers
69. Voting procedure
70. Method of voting
71. Spoilt ballot papers
A voter who has inadvertently dealt with his or her ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and providing to the satisfaction of such officer the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivened and the spoilt ballot paper shall be immediately cancelled and the counterfoil thereof marked accordingly.72. Assisted voters
Part XIII – COUNTING OF VOTES AND DECLARATION OF RESULTS
73. Procedure on close of polling
74. Attendance at counting of votes
75. Commencement and sequence of the count
76. Counting of votes
77. Rejection of ballot papers, etc.
78. Rejected ballot papers
79. Candidates, etc. to sign declaration
80. Recount
81. Sealing of ballot papers by presiding officer
82. Provisional results to be transmitted electronically
83. Tallying and announcement of election results
84. Venue of final tallying
85. Persons allowed into tallying centres
86. Safe keeping of election materials
87. Returns of persons elected
Part XIV – PRESIDENTIAL FRESH ELECTION
88. Notice of fresh election of president
89. Procedure at a fresh election
These Regulations shall, with the necessary modifications and adaptations, apply to a fresh election under this Part.90. Special voting
Part XV – REFERENDUM
91. [Deleted by L.N. 72/2017, r. 41.]
92. [Deleted by L.N. 72/2017, r. 41.]
Part XVI – MISCELLANEOUS PROVISIONS
93. Retention and inspection of documents
94. Accreditation of observers
95. Accreditation of the media
96. Collaborations
96A. Reference to L.N. 127 of 2012
Regulations 94, 95 and 96 shall be read together with the Elections (Voter Education) Regulations (sub. leg).97. Non-attendance by candidates, etc not to invalidate proceedings
98. Power of Commission to issue directives
99. [Deleted by L.N. 72/2017, r. 43.]
100. Procedure at a referendum
These Regulations shall, with the necessary modification and adaptations, apply to a referendum held under the Act.101. Revocation of L.N. 227/1992
The Presidential and Parliamentary Election Regulations (L.N. 227/1992) are revoked.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
05 May 2017
09 November 2012
Published in Kenya Gazette 109
02 November 2012
Commenced
Cited documents 2
Act 2
1. | Political Parties Act | 653 citations |
2. | Leadership and Integrity Act | 353 citations |