Skip to document content Go to main menu Go to search

The Rules of Procedure on Settlement of Disputes

Legal Notice 139 of 2012

This is the latest version of this Legal Notice.
The Rules of Procedure on Settlement of Disputes
Citation
Legal Notice 139 of 2012
Primary work
Elections Act
Date
Language
English
Type
Legal Notice
Related documents
Skip to document content
LAWS OF KENYA

ELECTIONS ACT

THE RULES OF PROCEDURE ON SETTLEMENT OF DISPUTES

LEGAL NOTICE 139 OF 2012

  • Published in Kenya Gazette Vol. CXIV—No. 120 on 7 December 2012
  • Commenced on 7 December 2012
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation.

These rules may be cited as the Rules of Procedure on Settlement of Disputes.

2. Interpretation.

In these rules, unless the context otherwise requires—"Act" means the Elections Act (Cap. 7);"Committee" means the Electoral Code of Conduct Enforcement Committee established under the Act;"dispute" means a complaint, challenge, claim or contest relating to any stage of the electoral process and includes an objection to the acceptance of the nomination papers of a candidate by the Returning Officer;"nomination" means the submission to the Commission of the name of a candidate in accordance with the Constitution and the Act;"registration officer" means a person appointed by the Commission for the purpose of preparing a register of voters.

3. Object.

The object of these rules is to provide a procedure and mechanisms for the expeditious, efficient, lawful, reasonable and procedurally fair settlement of disputes including those contemplated under Article 88(4)(e) of the Constitution and section 74 of the Act.

4. Application of rules.

(1)These rules shall apply to disputes or complaints arising from-
(a)registration of persons;
(b)nomination of candidates;
(c)violations of the Code of Electoral Conduct; and
(d)any other election related complaint.
(2)These rules shall not apply to election petitions or disputes and complaints subsequent to the declaration of election results.

5. Right to lodge complaint.

(1)A candidate for the nomination for a political party ticket for purposes of an election under the Act may file an objection against the submission of the name of any other candidate to the returning officer.
(2)The returning officer upon receipt of the complaint or objection shall consider the application and either—
(a)uphold the nomination by the political party;
(b)reject the nomination and inform the political party of the fact of that rejection and in that regard direct that a new nomination be conducted.

6. Returning officer to be guided by constitution and nomination rules etc.

In determining the question as to whether a candidate has been validly nominated by a political party, the returning officer shall take into account and shall be guided by—
(a)the constitution and nomination rules of the political party concerned; and
(b)the provisions of the Constitution, the Elections Act (Cap. 7) and the Elections Regulations.

7. Disputes arising from registration of voters.

(1)Any person objecting to the registration of a voter may file a complaint with the Commission on any of the following grounds—
(a)that the person has registered in more than one registration centre;
(b)that the person has been convicted of an election offence at any time material to the registration;
(c)that the person is not qualified to be registered under any law.
(2)An objection against registration shall be in Form 2 set out in the schedule.

8. Initiation of a complaint.

(1)A party to a dispute may, within twenty four hours of the occurrence of a dispute, notify the Commission and any adverse party of the dispute, in writing.
(2)A complaint shall be filed by delivering to the returning officer or the Commission a duly filled Form I in duplicate.
(3)An objection or complaint may be filed by—
(a)a registered voter or a political party in the electoral area where the dispute arose alleging that a candidate has not been validly nominated;
(b)a candidate alleging that he or she has been unfairly denied nomination by the party from which he or she sought to nominated by;
(c)any person claiming that a candidate who has been nominated as a candidate is not qualified to be so nominated;
(d)a person aggrieved by an electoral activity.
(4)The complaint shall state—
(a)full names and address of service of the complainant;
(b)voter registration number or certificate of political party registration;
(c)the date, time and location of the occurrence of the act complained of;
(d)information about the person whose conduct is complained against;
(e)information as to the identity and contacts of witnesses, if any;
(f)a concise statement under oath of the ultimate facts constituting his cause or causes of action;
(g)the relief or redress sought;
(h)a declaration by the complainant that the representations are true;
(i)a statement—
(i)that there is no other complaint pending;
(ii)that there have been no previous complaints in any forum or tribunal between the complainant and the respondent over the same subject matter; and
(iii)showing the reasons why the complaint relates to the complainant named in the complaint.
(5)A complaint shall be served on the respondent and the registered political party that nominated the candidate, where applicable.

9. Disputes arising from nomination of candidates.

(1)Any person objecting to the nomination of a candidate may file a complaint with the Commission on any of the following grounds—
(a)that the candidate is not qualified to be elected under any law;
(b)that the candidate does not have all the qualifications required under any law;
(c)that the candidate was convicted of an election offence at any time material to the nomination;
(d)that conduct of the nomination process was invalid;
(e)that the candidate did not accept his nomination according to the rules promulgated by the Commission;
(f)any other ground that the Commission deems sufficient provided such ground shall not be frivolous, vexatious or scandalous.
(2)An objection with respect to the nomination of an independent candidate may, in addition to any other ground, be based on any of the following grounds—
(a)the candidate failed to get the required number of registered voters supporting his candidacy, as specified by the Act;
(b)the candidate was nominated by a member of a political party;
(c)the candidate is a member of a political party.

10. Declining to accept a dispute.

The returning officer or the Commission acting on appeal may decline to accept a dispute if that dispute—
(a)does not raise an issue under the constitution or the nomination rules of the party concerned or the Constitution, the Act or the Regulations:
(b)does not conform with these rules of procedure;
(c)is trivial, frivolous or vexatious.

11. Powers of the Returning Officer.

The returning officer shall have the authority to decide on any dispute arising from a nomination of a candidate within the electoral area and shall in that regard have the power to—
(a)summon any person to appear before it, administer an oath for the purpose of receiving testimony; and
(b)order the production of any document relevant to any dispute arising from nomination of a candidate.

12. Decision of the Commission.

The returning officer shall—
(a)issue a written decision on an application or objection within seven days after the application or objection is made; and
(b)record the reasons of the decision.

13. Appeals for review to the Commission.

A person aggrieved by the decision of a returning officer may appeal such decision to the Commission.

14. Power of the Commission to delegate.

(1)Despite the provisions of these rules, the Commission may delegate to the Committee, the power to settle disputes filed under these rules.
(2)The Committee referred to under subregulation (1) shall have the powers of a registration officer or a returning officer.

15. Complaint arising from violation of the electoral code of conduct.

(1)Any aggrieved person may file a written complaint against any political party participating in an election for violation of the provisions of the electoral code of conduct.
(2)A complaint under subregulation (1) shall be accompanied by a statement of the complainant and his witnesses, all of which must be under oath, as well as other documents to support the complaint.
(3)A complaint for under this regulation shall be filed with the Commission.
(4)Based on the decision of the Committee, Commission may impose any of the sanctions provided for under paragraph 7 of the Electoral Code of Conduct.

16. Committee to regulate its own procedure.

(1)Subject to the Act and these rules, the Committee shall regulate its own procedure.
(2)The Committee shall have powers to issue administrative guidelines for purposes of expeditious, efficient, lawful, reasonable and procedurally fair settlement of disputes.

17. Legal representation.

(1)Every party to a complaint or objection under these rules may appear in person or be represented by an advocate.
(2)A person who is a subject of the complaint or objection shall have the right to present his or her evidence and to cross examine any witnesses against him or her.
(3)The Committee may conduct investigations to enable it arrive at a reasonable decision.
  
  
  

SCHEDULE

FORMS

FORM 1(r. 5)
INITIATION OF A COMPLAINT
 
Nominations for the .......................................................... County/ Constituency/Ward
The Complaint of ..............................................
The complainant states that the nomination was held on the ......................... day of .......................... 20 ..................., when X,Y and Z were candidates, and X was declared as nominated
Complainant(s) state that the nomination was improper due to (state the facts and grounds on which the complainant(s),rely).
Wherefore Complainant(s) pray that it be determined that the said X was not duly nominated and the nomination was void (or as the case may be).
Dated ......................................, 20 ................................. (Signed) A
Dated ....................................., 20 .................................. (Signed) B
 
 
 
 
FORM 2(r. 7(2))
INITIATION OF A COMPLAINT
Registration in .......................................................... County/Constituency/Ward
The Complaint of .....................................................
Complainant(s) state that the registration was improper due to (state the facts and grounds on which the complainant(s) rely).
Wherefore Complainant(s) pray that ............................................................................ does not qualify to be registered and that the registration was void (or as the case may he).
Dated ......................................, 20 ................................. (Signed) A
Dated ....................................., 20 .................................. (Signed) B
▲ To the top

History of this document

31 December 2022 this version
07 December 2012
Published in Kenya Gazette 120
Commenced
Read this version