ADVOKS GLOBAL · KENYA
Elections Act
2. Interpretation.
Edition: 2022-12-31 · In force
2. Interpretation.
In this Act, unless the context otherwise requires—"adult" has the meaning assigned to it in Article 260 of the Constitution;"agent" means a person duly appointed by—(a)a political party or an independent candidate for the purposes of an election under this Act; or(b)a referendum committee for the purposes of a referendum under this Act,and includes a counting agent and a tallying agent;"ballot box" means a transparent container with a slot on the top sufficient to accept a ballot paper in an election or in a referendum but which prevents access to the votes cast until the closing of the voting period;"ballot paper" means a paper used to record the choice made by a voter and shall include an electronic version of a ballot paper or its equivalent for purposes of electronic voting;"biometric" means unique identifiers or attributes including fingerprints, hand geometry, earlobe geometry, retina and iris patterns, voice waves, DNA, and signatures;"campaign period" means the period specified as such in the notice issued by the Commission in relation to an election;"candidate" means a person contesting for an elective post;"Commission" means the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;"constituency" means one of the constituencies into which Kenya is divided under Article 89 of the Constitution;"constituency register" means the register of voters compiled in respect of each constituency by the Commission;"county" means one of the counties into which Kenya is divided under Article 6(1) of the Constitution and specified in the First Schedule of the Constitution;"county assembly" means a county assembly constituted in accordance with Article 177 of the Constitution;"county election" means the election of a county governor or a member of a county assembly;"disability" has the meaning assigned to it in Article 260 of the Constitution;"election" means a presidential, parliamentary or county election and includes a by-election;"electoral area" means a constituency, a county or a ward;"election court" means the Supreme Court in exercise of the jurisdiction conferred upon it by Article 163(3)(a) or the High Court in the exercise of the jurisdiction conferred upon it by Article 165(3)(a) of the Constitution or the Resident Magistrate's Court designated by the Chief Justice in accordance with section 75 of this Act;"election material" means ballot boxes, ballot papers, counterfoils, envelopes, packets statements and other documents used in connection with voting in an election and includes information technology equipment for voting, the voting compartments, instruments, seals and other materials and things required for the purpose of conducting an election;"election offence" means an offence under this Act;"elections officer" means a person appointed by the Commission for the purposes of conducting an election under this Act;"election period" means the period between the publication of a notice by the Commission for a presidential, parliamentary or county election under sections 14, 16, 17 and 19 and the gazettement of the election results;"election results" means the declared outcome of the casting of votes by voters at an election;"harambee" means the public collection of monies or other property in aid or support of a cause or a project;"identification document" means a Kenyan national identification card or a Kenyan passport;"illegal practice" means an offence specified in Part VI;"independent candidate" means a candidate for presidential, parliamentary or county elections who is not a member of a political party;"integrated electronic electoral system" refers to a system that includes biometric voter registration, biometric voter identification and electronic result transmission system;"nomination" means the submission to the Commission of the name of a candidate in accordance with the Constitution and this Act;"nomination day" in respect of an election, means the day gazetted at least sixty days before an election by the Commission as the day for the nomination of candidates for that election;"observer" means a person or an organisation accredited by the Commission to observe an election or a referendum;"party list" means a party list prepared by a political party and submitted to the Commission pursuant to and in accordance with Article 90 of the Constitution and sections 28, 34, 35, 36 and 37;"parliamentary election" means the election of one or more members of Parliament;"petition" means an application to the election court under the Constitution or under this Act;"political party" has the meaning assigned to it in Article 260 of the Constitution;"polling station" means any room, place, vehicle or vessel set apart and equipped for the casting of votes by voters at an election;"presidential election" means an election of a President in accordance with Articles 136, 139(1)(b) and 146(2)(b) of the Constitution;"public officer" has the meaning assigned to it in Article 260 of the Constitution;"public resources" include—(a)any vehicle, or equipment owned by or in the possession; or(b)premises owned or occupied by,any government, state organ, statutory corporation or a company in which the Government owns a controlling interest;"referendum" means a poll held under Part V;"referendum committee" means a national or a parliamentary constituency committee comprising of persons intending to support or oppose a referendum question;"referendum officer" means a person appointed by the Commission for the purpose of conducting a referendum;"referendum question" means a question upon which voters shall vote in a referendum as specified in section 49;"Register of Voters" means a current register of persons entitled to vote at an election prepared in accordance with section 3 and includes a register that is compiled electronically;"registration officer" means a person appointed by the Commission for the purpose of preparing a register of voters;"returning officer" means a person appointed by the Commission for the purpose of conducting an election under this Act;"supporter" means a voter who supports the nomination of a candidate;"vessel" includes any ship, boat or any other description of vessel used in navigation;"voter" means a person whose name is included in a current register of voters;"voter's card" deleted by Act No. 12 of 2012, Sch.;"voting period" means the period specified as such in the notice issued by the Commission in relation to an election;"ward" means an electoral area within a county delimited in accordance with Article 89 of the Constitution.Case law referring to this provision