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