Recent Electoral Law Amendments: The Mechanical Jurisprudence of Rogue MPs

The Statute Law Miscellaneous Amendment Bill 2012 has been controversially amended, in part, as follows:

Elections Act, 2011 (No. 24 of 2011)

Qualifications for nomination of candidates.
22. (1) A person may be nominated as a candidate for an election under this Act only if that person—
(a) is qualified to be elected to that office under the Constitution and this Act; and
(b) holds a post secondary school qualification recognised in Kenya.
(b) holds, at the minimum, a certificate for end of secondary school education recognized in Kenya.

22A.
(1) Notwithstanding any other provision of this Act and for the avoidance of doubt, a person who is nominated as a candidate for election as President or Deputy President is nevertheless eligible for nomination and may contest as a candidate for any other elective seat in the same elections.
(2) If a candidate for election as President or Deputy President is elected as such and is also elected for any other elective seat in the same elections, a vacancy shall thereupon be declared for that other elective seat and a by-election to fill such seat shall be held in accordance with this Act.

Participation in elections by public officers.

43.
(5) A public officer who intends to contest an election under this Act shall resign from public office at least seven months before the date of election.
(5) A public officer who intends to contest an election under this Act shall resign from public office at least five months before the date of election.


Airtime by state radio and television for election campaign.

108. All candidates and political parties participating in an election shall be allocated reasonable airtime on state radio and television broadcasting services during the campaign period.

108. All candidates and political parties participating in an election shall be allocated reasonable airtime on all broadcasting media during the campaign period.

Political Parties Act, 2011 (No. 11 of 2011)

Transitional provisions
S. 51
(1A) Until after the first general elections held after the commencement of this Act, nothing provided for in sub-sections (4), (5) or (7) of section 14 shall be construed as requiring a person to vacate his or her seat as a member of Parliament or of a local authority, or as disqualifying any person from eligibility to contest in an election under this Act.

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