56
Constitution of Kenya, 2010
(b) progressively work towards ensuring that the number of
inhabitants in each constituency and ward is, as nearly as
possible, equal to the population quota.
(8) If necessary, the Commission shall alter the names and
boundaries of constituencies, and the number, names and boundaries
of wards.
(9) Subject to clauses (1), (2), (3) and (4), the names and details
of the boundaries of constituencies and wards determined by the
Commission shall be published in the Gazette, and shall come into
effect on the dissolution of Parliament first following their publication.
(10) A person may apply to the High Court for review of a
decision of the Commission made under this Article.
(11) An application for the review of a decision made under this
Article shall be filed within thirty days of the publication of the decision
in the Gazette and shall be heard and determined within three months
of the date on which it is filed.
(12) For the purposes of this Article, “population quota” means
the number obtained by dividing the number of inhabitants of Kenya by
the number of constituencies or wards, as applicable, into which
Kenya is divided under this Article.
Allocation of party list seats.
90. (1) Elections for the seats in Parliament provided for under
Articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of
county assemblies under 177 (1) (b) and (c), shall be on the basis of
proportional representation by use of party lists.
(2) The Independent Electoral and Boundaries Commission shall
be responsible for the conduct and supervision of elections for seats
provided for under clause (1) and shall ensure that—
(a) each political party participating in a general election
nominates and submits a list of all the persons who would
stand elected if the party were to be entitled to all the seats
provided for under clause (1), within the time prescribed by
national legislation;
(b) except in the case of the seats provided for under Article 98
(1) (b), each party list comprises the appropriate number of
qualified candidates and alternates between male and female
candidates in the priority in which they are listed; and
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