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Kenya
General Right to
Vote
Constitution:
(1992)
See section 54
Exclusion Based
on Mental Disability
Electoral Law:
(1998: National Assembly and Presidential Elections Act)
Section 7 states: "Where a person has been adjudged or declared
to be of unsound mind
and he is thereby disqualified from being registered
as an elector, then, if it is open to him to appeal against the decision
that
person shall not be thereby disqualified for being so registered until
the expiration of thirty days after the date of the decision or such further
period as the Minister in his discretion may, at the request of the person,
direct in order to enable the person to appeal against the decision."
Constitution:
(1992)
Section 35, subsection (1) states: "
a person shall not
be qualified to be elected as an elected member if, at the date of his
nomination for election, he
(c) is, under any law in force in Kenya,
adjudged to be of unsound mind
"
Section 43, subsection (2) states: "No person shall be qualified
to be registered as a voter in elections to which this section applies
[Parliament] (a) if, under any law in force in Kenya, he is adjudged or
otherwise declared to be of unsound mind
"
Section 43, subsection (5) states: "Parliament may, in order
to permit a person who has been adjudged or declared to be of unsound
mind
to appeal against the decision in accordance with any law, provide
that, subject to such conditions as may be prescribed by Parliament, the
decision shall not have effect for the purposes of subsection (2) until
such time as may be so prescribed."
Exclusion Based
on Physical Disability
Electoral Law:
(1998: Presidential and Parliamentary Elections Regulations)
Paragraph 4 subparagraph (1) states: "At the place and time
appointed under paragraph 3 the language board concerned shall assemble
and shall proceed to test persons presenting themselves before it as to
whether or not they are able to speak and, unless incapacitated by blindness
or other physical cause, to read English and Swahili languages well enough
to take an active part in the proceedings of the National Assembly."
Constitution:
(1992)
Section 34 states: "
a person shall be qualified to be
elected as a member of the National Assembly if, and shall not be qualified
unless, at the date of his nomination for election
(c) he is able
to speak and, unless incapacitated by blindness or other physical cause,
to read Swahili and English languages well enough to take an active part
in the proceedings of the National Assembly
"
Voter Assistance
by Other Citizens
Poll Worker Manuals:
Training Manual for Presiding Officers: Produced by the Electoral Commission
of Kenya
Blind or incapacitated voters may be assisted by the Presiding
Officer to mark their ballots p 12
Persons necessarily assisting blind or incapacitated voters may
enter the polling station p 5
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