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Generally, the Commission is responsible for conducting or supervising referenda and elections. The Constitution provides that the Commission is responsible for conducting or supervising referenda and elections to any elective body or office established under the Constitution and any other elections as prescribed by an Act of Parliament. It is established under article 88 (1) of the Constitution. These statutes will be discussed later in detail.ģ. Pursuant to the above requirement, the following Acts have been enacted to govern the electoral system in Kenya :- The Constitution of Kenya 2010 The Elections Act, 2011 The Political Parties Act, 2011 and The Independent Electoral and Boundaries Commission Act, 2011.
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The delimitation by the IEBC of electoral units for election of Members of the National Assembly and County Assemblies the nomination of candidates registration of voters the conduct of elections and referenda and the progressive registration of citizens residing outside Kenya. The Constitution provides that Parliament shall enact legislation to provide for: The Constitution further grants authority to Parliament to enact substantive legislation governing the electoral process in Kenya.
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It has also provided for political rights and means for redress where those rights are violated. The Constitution establishes the electoral body. The following laws directly govern the electoral process in Kenya:-ī) The Election Laws (Amendment) Act, 2016.Į) The Independent Electoral and Boundaries Commission Act, 2011 andį) The Constitution of Kenya, 2010. The paper will analyse the essential components of elections law including: – the electoral body voting rights rights to holding political office different political offices and qualifications of candidates structures and powers of political parties the strengths and weakness of Kenya’s electoral system and possible areas for reform. In scope, this paper covers – Kenya’s legislation on political rights and elections. to participate in other political activities.entitle the adult citizen to exercise her right to franchise/vote.According to Black’s Law Dictionary, political rights are the rights that involve participation in the establishment or administration of a government. Specifically, this paper analyses the body of political rights and the legal procedures that are designed to attain those rights in the context of Kenya’s legal framework. It deploys some of the widely used indicators including: – electoral participation party structure, organization, powers and numbers. In so doing, it evaluates the functionality of Kenya’s electoral system by analysing the electoral process on the basis of its structure and general performance.
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This paper studies the electoral process in Kenya.
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