The Elections (amendment) (no.2) Bill (senate Bill No. 29 Of 2024)

REPUBLICOFKENYA

PARLIAMENT

SENATE BILLS (Bill No.29 of 2024)

THE ELECTIONS (AMENDMENT) (NO. 2) BILL, 2024

(A Bill published in the Kenya Gazette Supplement No. 99 of 7h May, 2024 and passed by the Senate, with amendments, on 5"h December, 2024)

THE ELECTIONS (AMENDMENT) (NO. 2) BILL, 2024

A Bill for

ANACTofParliament toamendtheElectionsActandfor connectedpurposes.

ENACTED by the Parliament of Kenya,as follows-

Short title.

Amendment of section 2 ofNo. 24 of 2011.

Amendment of section5ofNo. 24 of2011.

1. ThisActmaybe citedasthe Elections (Amendment)(No.2)Act,2024. 2. Section 2 of the Elections Act, 2011 (hereinafter referred to as "the principal Act") is amended by— 3. (a) deleting thedefinition of "nomination" and substituting thereforwith thefollowingnewdefinition

"nomination" means the process through which a politicalpartyelectsorselectsitscandidatesfor elections;

• (b) deleting the definition of "nomination day";
• (c)deleting the definition of political party and substituting thereforwiththefollowingnewdefinition

"political party" has the meaning assigned to it under Article 260 ofthe Constitution;

• (d)inserting the word"valid"immediatelybefore the words "Kenyan passport" in the definition of "identification document"; and

(e)inserting the following new definition in its proper alphabetical sequence—

"registration of a candidate"means the process through which a personapplies toand is clearedbythe Commission to contest in an election.

• 3.Section 5 of the principal Act is amended
• (a) in subsection (1)(b) by inserting the words "within the affectedelectoral area"immediatelyafter the words "such by-election";
• (b) in subsection (1)(ba) by inserting the words "of the

Amendment of section6ofNo. 24 of 2011.

Amendment of section8Aof No.24 of 2011.

Amendment of section14of referendum question"immediately after the word "publication";

• (c)by inserting gthefollowing newsubsection immediately after subsection 3-

"(3A) A person who registers as a voter during the periodwhenregistration of voters is suspendedfor thepurposesof aby-electionascontemplated under subsection(1)(b)shall not be eligible to contest in the electoral area affected by the byelection.

4. Section 6 of the principal Act is amended— 2. (a) by deleting subsection (1) and substituting therefor thefollowingnewsubsections-

• (1) The Commission shall cause the Register of Voters to be opened for inspection by members ofthepublicat all times.

4. (1A) The Commission may revise the particulars ofvoters at any time except - 5. (a) in the case of a general election or an electionunder Article138(5)of the Constitution, during the sixty-day period beforethedateoftheelection; 6. (b) in the case of a by-election, between the date of thedeclaration of thevacancy of theseat concerned and thedateof such election within the affected electoral area; or 7. (c) in the case of a referendum, between the dateof thepublication of thereferendum question and the date of the referendum. 8. (b) by deleting subsection (2). 5. Section 8A of the principal Act is amended- 10. (a) by deleting subsection (3); and 11. (b)in subsection (4), by deleting the expression "subsection (3)" and substituting therefor the expression "subsection (1)". 6. Section 14 of the principal Act is amended in

No.24 of2011. subsection (2)-

• (a)by deleting paragraph (a) and substituting therefor thefollowingnewparagraph—
• (a)the day or days for the registration of candidates for the presidential election;
• (b) by deleting the word "nomination" appearing in paragraph(b)andsubstituting therefor thewords "registration of candidates".

Amendment of 7. Section 16 of the principal Act is amended in section16of subsection (2)— No.24 of2011.

• (a) by deleting paragraph (b) and substituting therefor the following new paragraph—
• (b) theday or days forregistration of candidates for the parliamentary election;
• , p () paragraph(c)andsubstituting thereforthewords "registration ofcandidates".

Amendment of 8.Section 17 of the principal Act is amended in section17of subsection (2)— No. 24 of 2011.

• (a) by deleting paragraph (a) and substituting therefor the following new paragraph—-
• (a) the day or days for registration of candidates for the election for a county governor;
• (b) by deleting the word "nomination" appearing in paragraph (b) and substituting therefor the words ""registration of candidates".

Amendment of 9.Section 19 of the principal Act is amended in section19of subsection (2)—

• (a) by deleting paragraph (b) and substituting therefor the following new paragraph—

(b)thedayor daysfor registrationof candidates for the county elections; and

• (b) by deleting the word"nomination"appearing in paragraph (c) and substituting therefor the word "registration".

No. 24 of 2011.

Amendment of section22of No.24 of2011.

Amendmentof section23of No. 24 of2011.

Amendmentof section24of No.24 of 2011.

Amendment of section25of No.24 of2011.

10. Section 22 of the principal Act is amended- 2. (a) in the marginal note by deleting the word "nomination" and substituting therefor the word "registration"; 3. (b) in subsection (1) by- 4. (i) deleting the word "nominated" appearing in the introductory phrase and 1substituting therefor the word "registered"; 5. (i) deleting paragraph (b); and 6. (c) in subsection (2),by deletingtheword "nominated" and substituting therefor the word "registered". 11. Section 23 of the principal Act is amended 8. (a) in the marginal note, by deleting the word "nomination"and substituting therefor the word "registration"; 9. (b) in the introductory phrase of subsection (1) by deleting the word"nomination" appearing immediately after the words "person qualifies" and substituting therefor the word "registration"; and 10. (c) in the introductory phrase of subsection (2) by deleting the word"nomination" appearing and substituting therefor the word "registration". 12. Section 24 of the principal Act is amended 12. (a) in the marginal note by deleting the word "nomination" and substituting therefor the word "registration"; and 13. (b) in the introductory phrase of subsection (1) by deleting the word "nomination as a" and substituting therefor the words"registration as a candidateforelection tothe office of'. 13. Section 25 of the principal Act is amended— 15. (a) in the marginal note by deleting the word "nomination"and substituting therefor theword "registration";

Amendment of section27of No.24 of 2011.

Amendment of section31of No.24 of 2011.

Amendmentof section32of No. 24 of 2011.

• (b) in theintroductory phrase of subsection(1)by deleting the word"nominationas a"and substituting therefor the words "registration as a candidate for election to the office of';

14. Section 27 of the principal Act is amended—

• (a) by inserting gthefollowing newsubsection immediately after subsection (1A)
• (IB) Notwithstanding the provisions under subsection (1) a coalition political party shall, withinfourteendays ofregistration,submit to the Commission a copy of the coalition politicalparty'snominationrulescertifiedby the Registrar of Political Parties.
• (b) in subsection (2A) by deleting the words "from a political party under subsection (1)" appearing immediately after the words "the nomination rules" and substituting thereof the words "under subsection (1) and (1B)".

15. Section 31 of the principal Act is amended—

• (a) by deleting subsection (2);
• (b) by deleting subsection (2E); and
• (c) by deleting subsection (2F).

16. Section 32 of the principal Act is amended-

• (a) insubsection(1)by( deletingthewords "nomination day" appearing immediately after the words"days before"and substituting therefor the words "the date for registration of candidates;
• (b)in subsection (lA) by deleting gtheword "nomination" appearing immediately after the words"days before"and substituting therefor the words "the date for registration of candidates"; and
• (c) in subsection (3) by deleting the word "candidate" appearing immediately after the words "the symbol of another" in paragraph (a) and substituting therefor the words "independent candidate within the same county".

Amendmentof section33of No.24 of2011.

Insertionof new section33Ain No.24 of 2011.

Amendmentof section34of No.24 of2011.

17. Section 33 of the principal Act is amended— 2. (a) in the marginal note by deleting the word "nomination" and substituting therefor the word "registration"; 3. (b) in subsection (1)— 4. (i) by deleting the word "nominated" appearing in the introductory phrase and substituting therefor the word "registered"; 5. (ii) by deleting the words "nomination paper" appearing in paragraph (b) and substituting thereforthewords "registration of candidates Form"; 6. (i) by deleting the words "nomination day" appearing in paragraph (c) and substituting therefor with the words"date for registration ofcandidates"; 7. (iv) by deleting paragraph (d); and 8. (c) by deleting subsection (2).

18.The principal Act is amended by inserting the following new section immediately after section 33—

Publication of registered candidates.

33A.The Commission shall publish in the Gazette the names of political party candidates andindependent candidates registered to contest in an election.

19. Section 34 of the principal Act is amended- 2. (a) by inserting thefollowing newsubsections immediatelyaftersubsection8- 3. (8A) A person shall not be nominated by a political party under subsection (4) unless the person is, on the date of submission of the party list by the political party, a registered voter in any of the wardsin the countyin which the person is nominated. 4. (8B) The nomination under subsection (4) bya politicalpartyshallensure equitable representation from all wards comprising the respective county.

Insertion of new section38Ain No 24 of 2011.

Amendment of section38Aof No.24 of2011.

Deletion and substitutionof section39of No.24 of2011.

(b) by deleting subsection (9).

20. The principal Act is amended by inserting the following newsectionimmediately after section38-

Gazettement of polling station.

• 38A.(1) The Commission shall—
• (a)appoint a place orplaces asa polling stationorpolling stations for each electoral area; and
• (b) publish in the Gazette and publicise through electronic and print media of national circulation and other easily accessible medium,a notice specifying the polling stations establishedforeachelectoral areaatleastthreemonths before the date of any election.
• (2)Noelectionshall beconductedinaplace other than a placegazetted as apollingstation under subsection (1).

21. Section 38A of the principal Act be amended by—

• (a) renumbering it 38B; and
• (b) by deleting the words "not exceed seven hundred" station shall not exceed"and substituting therefor the words"bybetweenfifty and one thousand".

22. The principal Act is amended by deleting section 39 and substituting therefor thefollowing newsection

Determination anddeclarationof results.

• 39.(1) The Commission shall determine, declare and publish the results of anelectionimmediately aftertheclose of polling and results declared at the polling station shall be final.
• (2)The Commission shall appoint constituencyreturning officers tobe responsible for-
• (a) tallying, announcement and declaration, in the prescribed

• form, of the final results from each hpolling station ina constituency for the election of a member of theNational Assembly and members of a county assembly;
• (b) collating, announcing and declaring the results from each polling station in the constituency for the election of the President, county Governor, Senator and county women representative to the National Assembly; and
• () submitting, in the prescribed form, thecollatedresultsfortheelection of the President to the national tallying centre and the collated results for the election of the county Governor, Senator and countywomenrepresentativeto the National Assemblyto the respective county returning officer.
• (3) The Commission shall appoint county returning officersto be responsible for tallying, announcement and declaration, in the prescribed form, of final results from constituencies in the county for purposes of the election of the county Governor, Senator and county womenrepresentativetotheNational Assembly.
• (4) For purposes of a presidential election, the Commission shall
• (a)tally, announce and declare the presidential results before tallying, announcing and declaring results for the other elective positions;
• (b)electronically transmit the results, withintwo hours softhe declaration of the results, from a polling station to the constituency tallying centre, national tallying centre,the candidates or their

• agents and elections observers in the prescribed form;
• (c)where the eresults are not transmittedinaccordancewith paragraph (b), provide reasons in a prescribed form;
• (d)physicallydeliver the tabulated results from a polling station to the constituency tallying centre andthereaftertothenational tallying centre;
• (e)tally and verify the results received attheconstituencytallyingcentre and the national tallying centre; and
• (f) publish the polling results forms onan online public portal maintained by the Commission.
• (5) The Commission shall verify that theresults transmitted under this section areanaccuraterecordoftheresults tallied, verified and declared at the respective polling stations.
• (6) The Chairperson ofthe Commission shall declare the results of the election of the President in accordance withArticle138(10)oftheConstitution.
• (7)The Chairperson maydeclarea candidateelectedasthePresidentbefore allthe constituencies have transmitted their results if the Commission is satisfied thattheresultsthathavenotbeen receivedwill not affect theresultof the election.
• (8) The Commission shall announce thefinal results inthe order inwhich the tallying and verification of the results is completed.
• (9) The Commission shall, tofacilitate public information, allow a candidate and their agent, observers and any other person authorised to access a polling

section44of No.24 of 2011.

No.24 of 2019

Amendment of section44Aof No.24 of2011.

Amendment of section45of No.24 of2011.

stationor tallyingcentre torecord and document the tallying, announcement and declaration of results.

Amendment of 23. Section 44 of the principal Act is amended by inserting the following new subsection immediately after subsection (4) -

(4A) In procuring the technology, the Commission shall ensure that --

• intellectual 1propertyrights to the technology vests in the Commission;
• (ii)the supplier or their associates have not beenfound guiltyof violating any procurement law, committed a crime, violated professional standards or been barred from participating in public procurement in any jurisdiction;
• (iii) subject to the Constitution, this Act and the Data Protection Act, the technology is accessibleandavailableforscrutiny by candidates, courts and such other persons as required under the law; and
• (iv) processing of datais onlyeffected through a server or a data centre located in Kenya.

24. Section 44A of the principal Act is amended-

• (a) by renumbering theexistingprovision as subsection (1);
• (b) by inserting the words "and transmission of election results"immediatelyafter the words "identification of voters"; and
• (c) by inserting the following new sub-section immediately after subsection (1)—
• (2) The Commission shall make Regulations for the better carrying into effect the provisions of this section.
• 25.Section 45 of the principal Act be amended by—
• (a) deleting subsection (2) and substituting therefore the following new subsection—-

Amendment of section46of No.24 of2011.

Amendment of section48of No.24 of 2011.

Repeal of section74of No. 24 of 2011.

Amendment of section75of No. 24 of 2011.

Insertion of new section82Ain No. 24 of 2011.

• (2) A member may be recalled on the following grounds-

2. (a) misconduct likely to bring hatred,ridicule, contempt or disrepute to the office; and, 3. (b) persistentdesertionof theelectoratewithout reasonable cause. 4. (b) deleting subsection (3); and 5. (c) deleting subsection (6).

26.Section 46 of the principal Act is amended in subsection (1) by-

• (a) deleting subparagraph (i) appearing in paragraph (b); and
• (b) deleting paragraph (c)

27. The principal Act is amended by deleting section 48.

• 28.The principal Act is amended by repealing section 74.

29. Section 75 of the principal Act is amended -

• (a)in subsection (4) by deleting the words"on matters of law only"; and
• (b) by inserting the following subsection immediately after subsection (4)—
• (5) The determination of the appeal under subsection (4) by the High Court shall be final.

30.The principal Act is amended by inserting the following new section immediately after section 82 -

Access to information.

No.24 of 2019 No.9of2011

82A. (1) The Commission shall ensure access informationi includingany technology used in the elections in accordance with the Constitution,the Data Protection Act and theIndependent Electoral and Boundaries Commission Act.

• (2)Wherearequest for accessto information is madefor the purposes of a court order for scrutiny of votes, the

Amendment of section85Aof No.24 of2011.

Insertionof new part in No.24 of 2011.

Commissionshallfacilitateaccess-

• (a)in the case of a presidential election, within three days of the date of the request; and
• (b)in the case of any other elective position, within seven days of the date of the request.
• (3) The Commission shall not charge feeswheretheinformationrequestedis provided in softcopy format.
• (4)Where information requested is to bej provided 1inhardcopy format,the Commission may charge a prescribed fee for the provision of the information and the fee shall not exceed the actual costs of making copies of such information and if applicable, supplying them to the applicant.
• (5) The Commission shall, in ensuring access to information,ensure that the informationisinaccessibleformatsfor persons with disability where such a request is made orwhere theinformationisrequired to be made availableto thegeneral public.
• 31.Section85A oftheprincipal Act is amended-
• (a) in subsection (1) by deleting the words "on matters of law only";and
• (b) by inserting the following subsection immediately after subsection (2)—
• (3) The determination of the appeal under section
• (2) by the Court of Appeal shall be final.

32. The principal Act is amended by inserting the following new sub-part immediately after section87-

Evaluationofelectoralprocess

Evaluationof elections.

• 87A.(1) The Commission shall, pursuant toArticle88(4)(h)of theConstitution and within oneyear of ageneral election,facilitate evaluation of the electoral process.
• (2) An evaluation under subsection (1) shall

include-

• (a)a review of thelegal framework under which the general elections were conducted;
• (b) an audit of the Register of Voters used during the election;
• (C) areviewoftheroleofmedia and civil society in the elections;
• (d) a review of the voting procedures on election day;
• (e) review of the vote counting procedures on election day;
• (f)a reviewof the electionsinformation and communication technology deployed in the conduct of the general elections;
• (g) a review of the human resource deployedfor the conduct of the general elections;
• (h) a review of the existing elections disputes resolution mechanisms; and
• a review of the cost of conducting thegeneralelectionsincludingthe procurement of the necessary goods and services.
• Reports. 87B.A reportonthe evaluation of the electoralprocessundertakeninaccordance withsection87Ashallbepublished in the GazetteandsubmittedtoParliament.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on Thursday, 5th December,2024.

Endorsed for presentation to the National Assembly in accordance with the provisions of StandingOrder161oftheSenateStandingOrders.

SpeakeroftheSenate

PRINTEDBYTHECLERKOFTHESENATE