14 suffrage based on the aspiration for fair representation and equality of vote’. The scheme of representation is thus based on fair representation and equality of vote. The Constitution sets out limited qualifications to absolute equality of representation in constituencies and wards through the factors set out under Article 89(5) and (6). The Constitution also tempers absolute equality through affirmative action in favour of gender representation and persons with disabilities. Article 100 provides an avenue for representation of marginalised groups in Parliament. 1.9.5.2 The basis for fair representation and equality of the vote is expressed under the principles for boundary delimitation under Article 89 of the Constitution. Article 89(5), (6), (7) and (12) provide the principles and criteria for the conduct of boundaries delimitation. These provisions give effect to Article 81 of the Constitution and Article 21 of the Universal Declaration of Human Rights. These provisions aim to achieve equality of the vote, professional conduct of boundaries delimitation by the IEBC, public participation, and accountability. The IEBC has the mandate of delimiting boundaries of constituencies and County Assembly wards in accordance with the principles and criteria in Article 89 of the Constitution. The decisions of the Commission are subject to Judicial Review jurisdiction of the High Court under Article 89(10) and (11) of the Constitution (Republic v IEBC & Another Ex-Parte Councillor Eliot Lidubwi Kihusa & 5 Others, Miscellaneous Application 94 of 2012). 1.9.5.3 Parliament cannot enact legislation that takes away the discretion conferred on the IEBC under Article 89 of the Constitution. Attorney-General & 2 Others v David Ndii & 79 Others, Supreme Court Petition 12 of 2021 (consolidated with petitions 11 and 13 of 2021). In particular, Parliament cannot enact a law that guarantees every County a minimum number of wards, as such a move takes away the discretion conferred on the IEBC under Article 89(5), (6) and (7) of the Constitution (Rishad Hamid Ahmed & Another v IEBC, Mombasa High Court (Mombasa) Constitutional Petition No. 16 of 2016). 1.9.6 The Right to Vote and Voter Registration 1.9.6.1 The right to vote is the basis for expression of sovereignty under Article 21 of the Universal Declaration of Human Rights and Article 25 of the International Covenant on Civil and Political Rights (ICCPR). The Constitution provides for the right to register as a voter and to vote. Accordingly, Article 38(3) of the Constitution stipulates that ‘Every adult citizen has the right, without unreasonable restrictions— (a) to be registered as a voter; [and] (b) to vote by secret ballot in any election or referendum’. Article 83 then sets out the qualifications for registration as a voter. 1.9.6.2 The law sets out periods when registration of voters may not be done. This includes 60 days before a general election or fresh election under Article 138(5) of the Constitution); for byelections, between the date when vacancy is declared and date of by-election in a specific ward or constituency; and for referenda, between the date of publication and date of referendum (s 5, Elections Act). However, the law does not bar a person from registering as a voter in a different constituency from the one in which a by-election is declared (McDonald Mariga v Returning Officer Kibra Constituency & Others, NDRC 3 of 2019). 1.9.6.3 An acknowledgement slip is considered sufficient proof of registration, even where the name of a voter has not been entered into the electronic register (McDonald Mariga v Returning Officer Kibra Constituency & Others, NDRC 3 of 2019). 1.9.6.4 A voter may transfer his/her vote to another electoral area, provided that the IEBC is notified at least 90 days before the election (s 7 Elections Act). However, a voter may not transfer their BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION