The Elections (Amendment) Bill, 2024

7 Mar 2024 domainSenate Senate Bills No. 11 of 2024 Gazette: Supplement No. 53 of 2024
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Status Timeline

Proposed

Done ยท 17 Sep 2026

Public Review

Done

Debate

Done

Executive

Done

Rejected

Active now

1

Strict Deadlines for Gazetting Polling Stations and Transmitting Results

Inserts new obligations under Sections 38A and 39 of the Elections Act, 2011:

  • Polling Stations: The IEBC must gazette and publicise all designated polling stations at least three months before an election. Conducting elections in non-gazetted locations is prohibited.
  • Presidential Results: Presidential results must be electronically transmitted from polling stations to constituency and national tallying centres within two hours of declaration. Failure to transmit requires the IEBC to provide formal written reasons.
2

Separation of Party Primaries and Candidate Registration

Amends multiple sections (including Sections 14, 16, 17, 19, 22, 23, 24, and 25) to replace the word 'nomination' with 'registration of candidates' to clearly differentiate IEBC's official registration role from party primary processes. Additionally, Section 31 is amended to delete provisions allowing the IEBC to conduct or supervise internal political party primaries.

3

Removal of Unconstitutional Qualifications and Recall Clauses

Repeals several provisions previously declared unconstitutional by Kenyan courts:

  • Academic Requirements: Deletes Section 22(1)(b) to eliminate the requirement that candidates for Member of Parliament (MP) and Member of County Assembly (MCA) must hold a university degree.
  • Recall Process: Deletes Sections 45, 46(1)(b)(ii), 46(1)(c), and 48, removing the unconstitutional legal framework governing the recall of Members of Parliament.
4

New Standards for Election Technology and Information Scrutiny

Introduces key criteria under Sections 44 and 82A:

  • Vendor Vetting: Election technology suppliers and their associates must not have been found guilty of violating procurement laws, committing crimes, or violating professional standards in any jurisdiction.
  • Scrutiny Timelines: The IEBC must facilitate access to election data and technology within three days of a request for presidential contests, and within seven days for other elective seats. Softcopies must be provided free of charge.

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