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

Article 85. Eligibility to stand as an independent candidate

Navigate this chapter (12 articles)

• 81. General principles for the electoral system
• 82. Legislation on elections
• 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 (current)
• 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

---

In this Chapter

Official Constitutional Text

85. Any person is eligible to stand as an independent candidate for election if the person—

(a) is not a member of a registered political party and has not 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.

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 85 of the Kenyan Constitution establishes the legal requirements for individuals who wish to run for public office as independent candidates. To be eligible, a person must not belong to any registered political party and must have officially left or avoided party membership for at least three months leading up to the election date. Additionally, the candidate must meet the standard constitutional qualifications required for all lawmakers, fulfilling the specific nomination criteria to run for the National Assembly, the Senate, or a local county assembly.