Article 82 of the Constitution of Kenya

Constitution of Kenya, 2010 parties. (5) The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation. Delimitation of electoral units. 89. (1) There shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97 (1) ( a). (2) The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament. (3) The Commission shall review the number, names and boundaries of wards periodically. (4) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election. (5) The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of— (a) geographical features and urban centres; (b) community of interest, historical, economic and cultural ties; and (c) means of communication. (6) The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than— (a) forty per cent for cities and sparsely populated areas; and (b) thirty per cent for the other areas. (7) In reviewing constituency and ward boundaries the Commission shall (a) consult all interested parties; and Constitution of Kenya, 2010 (b) progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota. (8) If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards. (9) Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication. (10) A person may apply to the High Court for review of a decision of the Commission made under this Article. (11) An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed. (12) For the purposes of this Article, “population quota” means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article. Allocation of party list seats. 90. (1) Elections for the seats in Parliament provided for under Articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of county assemblies under 177 (1) ( b) and (c), shall be on the basis of proportional representation by use of party lists. (2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that— (a) each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation; (b) except in the case of the seats provided for under Article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and55 Constitution of Kenya, 2010 (c) except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya. (3) The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election. PART 3—POLITICAL PARTIES Basic requirements for political parties. 91. (1) Every political party shall— (a) have a national character as prescribed by an Act of Parliament; (b) have a democratically elected governing body; (c) promote and uphold national unity; (d) abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party; (e) respect the right of all persons to participate in the political process, including minorities and marginalised groups; (f)respect and promote human rights and fundamental freedoms, and gender equality and equity; (g) promote the objects and principles of this Constitution and the rule of law; and (h) subscribe to and observe the code of conduct for political parties. (2) A political party shall not— (a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis; (b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person; (c) establish or maintain a paramilitary force, militia or similar organisation; (d) engage in bribery or other forms of corruption; or Constitution of Kenya, 2010 (e) except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections. Legislation on political parties. 92. Parliament shall enact legislation to provide for— (a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns; (b) the regulation of freedom to broadcast in order to ensure fair election campaigning; (c) the regulation of political parties; (d) the roles and functions of political parties; (e) the registration and supervision of political parties; (f) the establishment and management of a political parties fund; (g) the accounts and audit of political parties; (h) restrictions on the use of public resources to promote the interests of political parties; and (i) any other matters necessary for the management of political parties. CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT Establishment of Parliament. 93. (1) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate. (2) The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution. Role of Parliament. 94. (1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.57 Constitution of Kenya, 2010 (2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty. (3) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution. (4) Parliament shall protect this Constitution and promote the democratic governance of the Republic. (5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation. (6) An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority. Role of the National Assembly. 95. (1) The National Assembly represents the people of the constituencies and special interests in the National Assembly. (2) The National Assembly deliberates on and resolves issues of concern to the people. (3) The National Assembly enacts legislation in accordance with Part 4 of this Chapter. (4) The National Assembly— (a) determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve; (b) appropriates funds for expenditure by the national government and other national State organs; and (c) exercises oversight over national revenue and its expenditure. (5) The National Assembly— (a) reviews the conduct in office of the President, the Deputy President and other State officers and initiates the process of removing them from office; and Constitution of Kenya, 2010 (b) exercises oversight of State organs. (6) The National Assembly approves declarations of war and extensions of states of emergency. Role of the Senate. 96. (1) The Senate represents the counties, and serves to protect the interests of the counties and their governments. (2) The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113. (3) The Senate determines the allocation of national revenue among counties, as provided in Article 217, and exercises oversight over national revenue allocated to the county governments. (4) The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145. PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT Membership of the National Assembly. 97. (1) The National Assembly consists of— (a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; (c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and (d) the Speaker, who is an ex officio member. (2) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) ( a). Membership of the Senate. 98. (1) The Senate consists of— (a) forty-seven members each elected by the registered voters of 59 Constitution of Kenya, 2010 the counties, each county constituting a single member constituency; (b) sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected under clause ( a) in accordance with Article 90; (c) two members, being one man and one woman, representing the youth; (d) two members, being one man and one woman, representing persons with disabilities; and (e) the Speaker, who shall be an ex officio member. (2) The members referred to in clause (1) ( c) and (d) shall be elected in accordance with Article 90. (3) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) ( a). Qualifications and disqualifications for election as member of Parliament. 99. (1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament; and (c) is nominated by a political party, or is an independent candidate who is supported— (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or (ii) in the case of election to the Senate, by at least two thousand registered voters in the county. (2) A person is disqualified from being elected a member of Parliament if the person— (a) is a State officer or other public officer, other than a member of Parliament; (b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Constitution of Kenya, 2010 Independent Electoral and Boundaries Commission; (c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; (d) is a member of a county assembly; (e) is of unsound mind; (f)is an undischarged bankrupt; (g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or (h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six. (3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted. Promotion of representation of marginalised groups. 100. Parliament shall enact legislation to promote the representation in Parliament of— (a) women; (b) persons with disabilities; (c) youth; (d) ethnic and other minorities; and (e) marginalised communities. Election of members of Parliament. 101. (1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. (2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 (1) ( c), or of the Senate under