Kenya

Table of Contents:

• Assistive Tools and Policies
• Candidacy or Holding Office

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Part XIV, section 90 states:

(1) The Commission may make provision for the voting, by…patients admitted in hospital, older members of the society…and other persons who by reason of any special need, including disability, are unable to access a polling station.

 

Article 58 states:

A person who:…

• (p) pretends to be visually impaired or suffering from any other disability so as to be assisted in voting, commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six years or to both.

 

Article 59, section 1 states:

A member of the Comission, staff or other person having any duty to perform pursuant to any written law relating to any election who:…

• (c) permits any person whom they know or have reasonable cause to believe not to be visually impaired or a person with disability to vote in the manner provided for persons who are visually impaired or persons with disability, as the case may be…commits an offence and is liable on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.

 

Article 109, section 1 states:

The Commission may make regulations generally for the better carrying out of the purposes and provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, may make regulations to:…

• (o) provide for the manner in which a voter with special needs including a person with a disability may vote or be assisted in voting…

 

The First Schedule section, subsection 10 states:

The clerk shall make such arrangements as may be necessary to enable any member with disability to vote.

 

The Second Schedule section, subsection 6 states:

All those bound by this Code shall, throughout an election period:…

• (j) avoid any discrimination based on…disability

 

Excerpts from the Elections Act (2011)

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Article 13, section 2 states:

…Provided that in the event of the death, resignation or incapacity of the nominated candidate…the political part may after notifying the candidate that the party seeks to substitute, where applicable, substitute its candidate before the date of presentation of nomination papers to the Commission.

 

Article 15, section 1 states:

…Provided that in the event of death, resignation or incapacity or the nominated candidate…the political party may substitute its candidate…

 

Article 18 states:

…Provided that in the event of death, resignation or incapacity or the nominated candidate…the political party may substitute its candidate…

 

Article 36, section 1 states:

A party list submitted by a political party under:…

• (f) Article 177 (1) (b) of the Constitution shall include eight candidates, at least two of whom shall be persons with disability…

 

Article 36, section 3 states:

The party list referred to under subsection (1)(f) shall prioritise a person with disability...

 

Excerpts from the Elections Act (2011)