89 suitability and eligibility to the returning officer (Regulations 41–43, 46 and 47, Elections (General) Regulations, 2012). The Returning Officer issues a nomination certificate to the candidate upon satisfying himself that the candidate meets all applicable suitability and eligibility requirements (Regulation 51, Elections (General) Regulations, 2012). However, before presentation of nomination papers to the IEBC, a political party may substitute its candidate on any of the following grounds: i. Death of the nominated candidate; ii. Resignation of the nominated candidate; iii. Incapacity of the nominated candidate; and iv. Violation of the Electoral Code of Conduct by the nominated candidate. (Diana Kethi Kilonzo & Another v IEBC & 10 Others, Nairobi High Court Constitutional Petition No. 359 of 2013). 3.6.2.6 Where the IEBC rejects a candidate nominated by a political party for not being a registered voter, or for a breach of electoral laws, the political party may substitute the candidate if it demonstrates that it was unaware of the candidate’s registration status or breach of electoral laws (Diana Kethi Kilonzo & Another v IEBC & 10 Others, Nairobi High Court Constitutional Petition No. 359 of 2013). Such substitution of the nominated candidate should be preceded, where applicable, by a notification by the political party to the candidate sought to be substituted (s 13 Elections Act, 2011). The jurisprudence from the Diana Kethi Kilonzo case was used to permit Wiper Democratic Movement to substitute a candidate who had been declared ineligible as a consequence of exhausting all possibility of appeal or review in relation to his impeachment in Wiper Democratic Movement Kenya v County Returning Officer, Mombasa County and Others, IEBC DRC No. 136 of 2022. The IEBC DRC noted thus: [11] This Committee is conscious of the ramifications of its decision in Complaint No. 127 of 2022, in that with the disqualification of the 11st Interested Party herein, the Complainant is bereft of a potential candidate for the position Governor, Mombasa County. Without urging the Complainant’s case, we are of the considered view that, taking into account the purpose for which political parties exist, and given the demonstrated intention of the Complainant in fronting the 1st Interested Party as its nominee, the Complainant shall be prejudiced if the Committee was to stop at the decision in Complaint No. 127 of 2022. How then should the Committee proceed in the circumstances and in the interest of the Complainant as a political party and a cog in the democracy of this country? [13] From the material before the Committee, there is no accusation or allegation of any wrongdoing or contravention of any known law by the Complainant herein in the process leading to the registration of the 1st Interested Party as a candidate. Accordingly, the Complainant is utterly blameless and the Committee finds and holds that the Complaint deserves an opportunity in furtherance of its legitimate expectation which, by the decision in the Kethi Kilonzo Case (supra) is underpinned in the Constitution. [14] This Committee is cognizant of the fact the Complainant herein did not pray for a specific order for replacement of its nominee should the disqualification of the 1st Interested Party be upheld by the Committee. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION