9 registered as voters for the purposes of parliamentary elections are entitled to vote. The election of a president is conducted in each constituency (Article 138(2) of the Constitution). In addition to attaining more than half of the votes cast, a President-elect must receive at least twenty-five per cent of the votes cast in more than half of the counties (Article 138(4)(b)). The person nominated as a running mate by the President-elect is declared deputy President-elect. 1.9.1.2. On the same day as the presidential election, first-past-the-post elections are held for Parliament and County levels of government (National Assembly direct elections for 290 constituencies and 47 County seats reserved for women representatives, 47 Senate seats and 47 County Governor seats). In addition to the elective seats, there are 12 party list seats filled through nomination by political parties in proportion to the seats obtained by political parties in the directly elected seats to represent the interests of, inter alia, the youth, women and persons with disabilities. 1.9.1.3. The Senate comprises members elected through direct election to represent each of the country’s 47 counties as a single member constituency (Article 98(1(a)), and 20 persons nominated by political parties according to their proportion of members of the Senate elected under clause (a) in accordance with Article 90. Nominated members should comprise sixteen women; two members representing the youth; and two members representing persons with disabilities (Article 98(1)(b)). 1.9.1.4. County Assemblies consist of members elected by registered voters in each Ward as a single constituency; as many special seat members necessary to ensure that no more than two-thirds of the membership of the Assembly are of the same gender (Article 98(1)(b)); and members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament (s 7 County Governments Act; s 36 Elections Act). 1.9.1.5. Gubernatorial candidates choose their running mates, just as the presidential candidates do, and upon election, the person nominated by the Governor-elect is declared Deputy Governorelect (Article 180(6) of the Constitution). To be eligible to contest the gubernatorial election, one must be eligible to be elected to the County Assembly (Article 180(2) of the Constitution). 1.9.2. The Election Date 1.9.2.1 Under the 2010 Constitution, the election date is determined and runs in 5-year cycles. Six elections to fill the various constitutional elective positions (President & Deputy President, Senator, Woman Representative to the National Assembly, Member of National Assembly, Governor and Deputy Governor, and Member of County Assembly) are held on the general election date set for the Second Tuesday of every fifth year from the date of the last general election(Article 101(1)). The 2010 Constitution recast the indeterminacy of the general election date in the former Constitution. The former Constitution empowered the President to prorogue or dissolve Parliament under section 59, giving way to the general election of the members of the National Assembly. This provision caused a lot of confusion as to the date for conducting general elections, which the 2010 Constitution has now resolved. 1.9.2.2 The term of Parliament expires on the date of the general election by operation of Article 102(1) of the Constitution. The Presidential election is held every five years on the same date as the general election for the members of the two houses of Parliament (Article 136(1)). In the 2012 case of John Harun Mwau & 3 Others v Attorney General & 2 Others, Constitutional Petition 65, 123 & 185 of 2011, the High Court considered and interpreted the provisions concerning the date of the first election under the 2010 Constitution and made distinction between the transitional provisions with the provisions of the repealed Constitution on dissolution of Parliament. The High Court ruled that the general election could be held in the year 2012 within sixty days from BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION