Chapter 7: REPRESENTATION OF THE PEOPLEPart 1 — ELECTORAL SYSTEM AND PROCESS

Article 82. Legislation on elections

Navigate this chapter (12 articles)

• 81. General principles for the electoral system
• 82. Legislation on elections (current)
• 83. Registration as a vote
• 84. Candidates for election and political parties to comply with code of conduct
• 85. Eligibility to stand as an independent candidate
• 86. Voting
• 87. Electoral disputes
• 88. Independent Electoral and Boundaries Commission
• 89. Delimitation of electoral units
• 90. Allocation of party list seats
• 91. Basic requirements for political parties
• 92. Legislation on political parties

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In this Chapter

Official Constitutional Text

82. (1) Parliament shall enact legislation to provide for—

(a) the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of members of the National Assembly and county assemblies;

(b) the nomination of candidates;

(c) the continuous registration of citizens as voters;

(d) the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and

(e) the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote.

(2) Legislation required by clause (1) (d) shall ensure that voting at every election is—

(a) simple;

(b) transparent; and

(c) takes into account the special needs of—

(i) persons with disabilities; and

(ii) other persons or groups with special needs.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 82 of the Kenyan Constitution commands Parliament to pass laws that structure the voting process, boundary mapping, and candidate selection. It requires specific legislation to govern how the Independent Electoral and Boundaries Commission (IEBC) draws the borders for National Assembly and county assembly electoral zones. Lawmakers must also create formal rules for candidate nominations, establish systems for the continuous registration of eligible voters, and ensure the proper supervision of all elections and national referenda. Furthermore, Parliament is mandated to build progressive systems that register Kenyan citizens living abroad and gradually fulfill their constitutional right to vote. Finally, the article dictates that any election laws passed must ensure that the actual voting process remains simple and transparent, while actively accommodating the unique needs of voters with disabilities and other vulnerable groups.