10 the date on which the National Coalition was dissolved by the President and the Prime Minister. However, the Court of Appeal found that the High Court had in effect given the President and the Prime Minister the power to dissolve the National Assembly, a power which had not been conferred by the Constitution. The High Court decision was therefore inconsistent with sections 10 and 12 of the Sixth Schedule. The Court of Appeal found that since it was the intention of the Constitution that the National Assembly would complete its unexpired term, the first elections could only be lawfully held within sixty days of expiry of the term of the 10th Parliament, and only the IEBC was mandated to compute this term (see Centre for Rights Education and Awareness & Another v John Harun Mwau & 6 Others Civil Appeal 74 & 82 of 2012). 1.9.2.3 Elections for Governors and their deputies are held on the same day as the general election for Member of Parliament (Article 180(1) Constitution) and so are the elections for member of County Assembly (Article 177 (1)(a)). 1.9.3. Political Parties and Candidates 1.9.3.1 Article 4 of the Constitution on the declaration of the Republic declares Kenya as a sovereign state and asserts that Kenya shall be a multi-party democratic state founded on the national values and principles of governance referred to in Article 10 (Article 4(2)). Article 10 sets out the values and principles of governance which include democracy, the rule of law, good governance, public participation and accountability (Article 10(2)). The principles under Article 10 bind all persons whenever they interpret or apply the Constitution; enacts, applies or interprets any law; or make or implements public policy decisions. The Bill of Rights provides extensive civil and political rights. Specifically, Article 38 sets out the political rights which include the right to make political choices including forming or participation in forming a political party, participating in political party activity or recruiting members for a party or campaigning for a political party or cause. In relation to elections, every citizen has the right to free, fair and regular elections based on the universal suffrage and free expression of the will of the voters for any elective office under the Constitution or any political party office to whose membership they subscribe. In line with the International Covenant on Civil and Political Rights, all citizens are entitled, without unreasonable restrictions, to be registered as voters, to vote by secret ballot in all elections and referenda and to express their candidature for public or political party office and if elected, to hold office. These provisions allow citizens to either exercise their political rights through a political party or outside of it as an independent entity. Article 85 of the Constitution cements the rights of persons who have not been members of a political party in the three months preceding an election to seek election as independent candidates. 1.9.3.2 Articles 91 and 92 of the Constitution provide for the principles and framework governing political parties. They are implemented through the Political Parties Act 2011 (see generally Maendeleo Chap Chap Party & 2 Others v IEBC & Another, Petition 179 of 2017). 1.9.3.3 The requirement in section 14(1) of the Political Parties Act that members of County Assemblies who switch from one political party to another for purposes of a general election should resign within one hundred and eighty days of a general election, was declared unconstitutional and a violation of Article 38(3)(c) as read together with Articles 4(2), 10, 19, 20 and 259 of the Constitution (Peter Kibe Mbae v Speaker of the County Assembly of Nakuru & Another Registrar of Political Parties and 49 Others (Interested Parties), Nakuru Constitutional Petition No E004 of 2022). 1.9.3.4 For purposes of the 2022 general election, the amendments in effect on the conduct of elections are those with regards to the Political Parties Act, 2011 and consequential amendments to the BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION