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closing of party membership lists before nominations, which had the effect of locking out
losers in party primaries from joining other political parties.
3.6.1.1.7 Every political party must submit its nomination rules and procedures to the IEBC at least six
months before the nomination of its candidates (s 27, Elections Act, 2011). Also, Registrar of
Political Parties is to certify the nomination rules submitted to the IEBC (s 27(1A), Elections
Act, 2011). The political party must also make such rules and procedures available to its
members, having special regard to members with disabilities (Regulation 6 (1)(a), Elections
(Party Primaries and Party Lists) Regulations, 2017). Further, a political party’s nomination
rules and procedures must provide for, inter alia: (i) the procedure to be employed in party
nomination of party lists for identifying candidates to stand for election in every electoral area,
and (ii) an internal dispute resolution mechanism in relation to the nominations and party lists
(Regulations 6(2)(a) and 27(1), Elections (Party Primaries and Party Lists) Regulations, 2017).
3.6.1.1.8 Political parties carrying out direct party nominations must post a list of its members,
conspicuously within each venue, where the nominations will be held. The parties are equally
required to provide election materials at each polling venue (Section 38F, Political Parties Act).
3.6.1.1.9 Parties must notify the Registrar of Political Parties of the methods they intend to use to
conduct party nominations, the date and venue of the nominations as well as the persons
seeking party nominations (s 38E, Political Parties Act, 2011). Parties must also apply to the
Registrar for a certified copy of the party register for use in the party nominations (s 38C (3)
Political Parties Act, 2011). This means that no one who is not on the party register can take
part in the party nominations.
3.6.1.1.10 Political parties intending to conduct indirect party nomination must select delegates from
its members, submit the list of the delegates to the Registrar of Political Parties at least 7 days
before the date of the nominations, specify the date and venue of the delegates meeting, the
polling process the delegates will use, and the mode of interviews (s 38G, Political Parties Act)
3.6.1.1.11 Political parties carrying out party nominations are under a duty to vet their candidates. They
have to ensure that each candidate who is nominated:
(i) makes and deposits a self-declaration form in the prescribed form under the
Leadership and Integrity Act, 2012;
(ii) possesses the qualifications to hold the elective office as specified in the
Constitution and any other relevant written law; and
(iii) meets such other requirements as may be prescribed by the constitution
and nomination rules of the political party (s 38H, Political Parties Act).
3.6.1.1.12 Where only one aspiring candidate applies for nomination to any elective post, no party
nomination is required to be conducted (Regulation 16(2), Elections (Party Primaries and
Party Lists) Regulations, 2017).
3.6.1.1.13 The High Court has given guidance as to what an electoral court should look out for in resolving
disputes related to party primaries (now party nominations) (Kennedy Omondi Obuya v Orange
Democratic Movement Party & 2 Others, Nairobi High Court Election Petition Appeal No. 35 of
2017). The objective of the electoral court in such disputes is defined as follows:
When all is said and done, in any such nomination exercise, the purpose is to determine
who garnered the highest number of votes to entitle him or her to be issued with a
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION