Constitution of Kenya, 2010
been a member for at least three months immediately before
the date of the election; and
(b) satisfies the requirements of—
(i) Article 99 (1) (c) (i) or (ii), in the case of a candidate for
election to the National Assembly or the Senate,
respectively; or
(ii) Article 193 (1) (c) (ii), in the case of a candidate for
election to a county assembly.
Voting.
86. At every election, the Independent Electoral and Boundaries
Commission shall ensure that—
(a) whatever voting method is used, the system is simple,
accurate, verifiable, secure, accountable and transparent;
(b) the votes cast are counted, tabulated and the results
announced promptly by the presiding officer at each polling
station;
(c) the results from the polling stations are openly and accurately
collated and promptly announced by the returning officer; and
(d) appropriate structures and mechanisms to eliminate electoral
malpractice are put in place, including the safekeeping of
election materials.
Electoral disputes.
87. (1) Parliament shall enact legislation to establish mechanisms
for timely settling of electoral disputes.
(2) Petitions concerning an election, other than a presidential
election, shall be filed within twenty-eight days after the declaration of
the election results by the Independent Electoral and Boundaries
Commission.
(3) Service of a petition may be direct or by advertisement in a
newspaper with national circulation.
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND
DELIMITATION OF ELECTORAL UNITS
Independent Electoral and Boundaries Commission.
88. (1) There is established the Independent Electoral and
Boundaries Commission.
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