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registration in the period between the filing of an election petition and the date of a by-election
where the court directs that a by-election may be held (s 5(2), Elections Act). Moreover, a
voter may not transfer his/her registration unless he/she has been ordinarily resident in that
constituency in the six months preceding the application for transfer (Regulation 13C, Elections
(Registration of Voters) Regulations, 2012).
1.9.6.5 Voters may also make changes to their particulars or to their electoral area unless it is during
such time as when the registration of voters or the revision to the voter register is not allowed or
the IEBC has suspended the making of applications for transfer or changes in registration (Reg
14 & 15 Elections (Registration of Voters) Regulations, 2012.
1.9.6.6 Reasonable legal and administrative requirements in the exercise of the right to vote are not
unconstitutional (IEBC v New Vision Kenya (NVK Mageuzi) & 4 Others, Supreme Court Petition 25
of 2014).
1.9.6.7 However, as per Article 83(3) of the Constitution, ‘Administrative arrangements for the
registration of voters and the conduct of elections shall be designed to facilitate, and shall
not deny, an eligible citizen the right to vote or stand for election’. While the courts will be
reluctant to interfere in the administrative arrangements of the IEBC, it may make such orders
as are necessary to enable potential voters to register, while taking into account the logical and
financial implications of extending mass voter registration exercises which allow more people
to access registration centres (Okiya Omtatah Okoiti v IEBC & 2 Others, Petition 47 of 2017).
1.9.6.8 Technology increases efficiency in voter registration, eases identification and authentication of
voters by capturing alphanumeric and biometric data, eliminates multiple registration by use of
unique biometric identifiers and eliminates impersonation during registration. The IEBC is also
mandated to open up the Register of Voters for verification of biometric data within 60 days of
the general election for a period of thirty days (s 6A Elections Act).
1.9.6.9 Voters are allowed to inspect the register within ninety days of the date of the notice for a general
election, to ascertain whether names and other details of the voter are captured accurately in the
voter’s register, to initiate correction of errors and to allow voters to make objections and claims
regarding eligibility of persons to be registered. The IEBC is mandated to keep the register open
for inspection for a period at least thirty days, or such other period as it may consider necessary
(s 6(2) Elections Act).
1.9.6.10 The voter register is updated to effect transfer of voters, make corrections and to delete
deceased voters. The voter register is also audited to ascertain its accuracy and completeness,
to recommend mechanisms for enhancing its accuracy and to update it (s 8A Elections Act).
The firm contracted to conduct the audit advises the IEBC to initiate corrections to the register
and the audit process enhances stakeholder confidence in the electoral process.
1.9.7
Integrity in the Conduct of Elections and Referenda
1.9.7.1 The Constitution was developed against the backdrop of the 2007 post-election crisis, and
thus provides high standards for election integrity. The Constitution and the legal framework
governing elections were therefore enacted to address weaknesses identified during the
Constitution making process. Articles 81, 82 and 86 contain direct stipulations on the qualitative
standard for the conduct of elections and referenda. Articles 136, 137 and 138 make additional
provisions in respect of the presidential elections.
1.9.7.2 The totality of these provisions establishes the standards of elections necessary to answer to
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION