The Elections (Amendment) Bill, 2024
Status Timeline
Proposed
Done ยท 17 Sep 2026
Public Review
Done
Debate
Done
Executive
Done
Rejected
Active now
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.
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.
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.
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.
Bill No.
Senate Bills No. 11 of 2024
Gazette No.
Supplement No. 53 of 2024
Sponsors
AARON CHERUIYOT, Stewarts Madzayo
Background
The Elections (Amendment) Bill, 2024 seeks to amend the Elections Act, 2011 (No. 24 of 2011) to secure more transparent electoral processes, update statutory terms, and align the principal Act with various High Court rulings that nullified specific requirements regarding academic qualifications, party primary administration, and parliamentary recalls.
Key Amendments
- Candidate Registration vs. Nomination: Amends Sections 14, 16, 17, 19, 22, 23, 24, and 25 to replace "nomination" with "registration of candidates" to differentiate the IEBC's official candidate registration from the internal nominations run by political parties.
- Removal of Unconstitutional Clauses:
- Deletes the university degree requirement for MPs and MCAs under Section 22(1)(b), conforming to Wambui & 10 others v Speaker of the National Assembly.
- Deletes Sections 45, 46(1)(b)(ii), 46(1)(c), and 48, which set out the process for recalling Members of Parliament, conforming to Katiba Institute & another v Attorney General.
- Party Lists (Section 34): Limits party list nominations for county assemblies to individuals registered as voters in a ward within that county and mandates equitable representation across all wards.
- Electoral Disputes (Section 74 & 75): Sets a 72-hour deadline after candidate registration closes for lodging disputes under Section 74(1). It also declares that High Court determinations on county assembly election appeals are final.
New Obligations
- Polling Station Gazettement: Under Section 38A, the IEBC must publish the designated list of polling stations in the Gazette and national media at least three months before any election.
- Results Transmission: Under Section 39, constituency returning officers must tally, announce, and declare results in prescribed forms. For presidential elections, the IEBC must electronically transmit results to constituency and national tallying centres within two hours of declaration and publish polling results forms on an online public portal.
- Access to Information: Under Section 82A, the IEBC must grant access to vote-scrutiny information within three days for presidential elections and seven days for other positions. Softcopy info is free, and hardcopy fees are capped at actual reproduction costs.
- Technology Integrity: Section 44(4A) obligates the IEBC to ensure technology suppliers have no record of procurement violations, criminal convictions, or professional bans in any jurisdiction globally.
- Electoral Evaluation: Inserts Section 87A requiring the IEBC to evaluate the legal, operational, and financial elements of each general election within one year of its conclusion and submit a report to Parliament.
Penalties
While the bill does not introduce new criminal penalties or monetary fines above KSh 1 million, it restricts candidate eligibility and invalidates unlawful actions:
- Candidates who register to vote during a period when voter registration is suspended for a by-election are legally barred from contesting in that affected electoral area.
- Elections conducted in places other than gazetted polling stations are deemed invalid.
Gazettement
The bill was published in the Kenya Gazette No. 53 dated 7th March 2024.
First Reading
The bill was read a First Time in the Senate.
Committed to Committee
The bill was referred to the Standing Committee on Justice, Legal Affairs and Human Rights.
Bill Rejected / Withdrawn
The bill was withdrawn by the Mover on 22nd April 2024 pursuant to Standing Order 159.