87 (i) Dies; (ii) withdraws from the party list; (iii) Changes parties; (iv) Resigns; or (v) Is expelled from his/her party during the term of the representative. 3.6.1.2.21 Where re-allocation is to be done, the next candidate of the same gender in the respective party list is selected (Lydia Mathia v Naisula Lesuuda & Another, Civil Appeal (Application) No. 287 of 2013; and Lydia Nyaguthii Githendu v IEBC & 17 Others, Civil Appeal 224 of 2013). Where there are no more candidates on the same party’s list, IEBC shall require the party to nominate one within 21 days (s 37(2), Elections Act, 2011).Where vacancy occurs within 3 months of a general election, it shall not be filled (s 37(3), Elections Act, 2011). Moreover, where the party fails to nominate within twenty-one days of the vacancy, the slot shall not be allocated for the remainder of the term (s 37(4) Elections Act, 2011). 3.6.1.2.22 However, where the re-allocation is necessitated by expulsion, it must be demonstrated that the party representative who is expelled was afforded fair hearing before the expulsion (Hon Isaac Mwaura Maiga v Jubilee Party & 3 Others Nairobi High Court Civil Appeal No. E248 of 2021). 3.6.2 The Independent Electoral and Boundaries Commission 3.6.2.1 The IEBC also has a role to play in the nomination of candidates. First, once political parties have completed party nominations, they should submit a list of all their selected candidates to the IEBC at least 60 days to the date of the elections (s 31, Elections Act, 2011). 3.6.2.2 On receipt of the list of political parties’ candidates, the IEBC will verify the certification of the political parties’ candidates, by counter checking the details of the persons in whose name the certificates of nomination were issued (s 31(3) and (4), Elections Act). 3.6.2.3 The IEBC is also duty-bound to ascertain the qualifications of the candidates nominated to vie in the elections. However, this duty does not extend to verifying the authenticity of degree certificates presented by candidates. In Gideon Keya & Another v Wavinya Ndeti, IEBC Dispute Resolution Committee (DRC) Complaint No. 56 of 2022, the NDRC asserted: [73] We note that the main bone of contention in this dispute is the authenticity of the Respondent’s degree. [74] Therefore, the big question would be, “does this Committee have the jurisdiction to determine the question of the authenticity of academic documents?” [82] During registration of candidates and insofar as verification of documents is concerned, it would be prudent to appreciate the roles of the Returning Officer. [83] Pursuant to Regulation 47 (1) of the Elections (General) Regulations, 2012 as amended by Legal Notice No. 72 of 2017 the role of the Returning Officer includes ascertaining the educational qualification of a candidate by receiving the pertinent academic documents during registration of candidates. [84] Further to the foregoing, where the body that issued the certificate is not based in Kenya, a candidate shall be required to seek authentication of the body with the Kenya BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION

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