Chapter 7: REPRESENTATION OF THE PEOPLEPart 2 — INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS

Article 90. Allocation of party list seats

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
• 86. Voting
• 87. Electoral disputes
• 88. Independent Electoral and Boundaries Commission
• 89. Delimitation of electoral units
• 90. Allocation of party list seats (current)
• 91. Basic requirements for political parties
• 92. Legislation on political parties

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In this Chapter

Official Constitutional Text

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

(c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya.

(3) The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election.

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 90 of the Kenyan Constitution sets out the rules for filling special nominated seats in Parliament and County Assemblies through a system of proportional representation using party lists. It mandates that political parties must submit their nomination lists to the Independent Electoral and Boundaries Commission (IEBC) before the general election, alternating between male and female candidates to maintain gender balance. Except for county seats, these lists must also reflect Kenya’s regional and ethnic diversity. Once election results are tallied, the IEBC distributes these special seats to each party in direct proportion to the total number of regular elective seats the party successfully won during the general election.