Kanduyi IEBC briefing turns chaotic over missing aspirant’s names

In Summary;

• Timelines
• General Requirement for All Candidates
• Requirement for Independent Candidates
• Candidate Registration Days
• Electoral Code of Conduct
• Sanctions for Breach of the Code
• The Campaign Schedule
• Downloadable IEBC brief (pdf)

Kanduyi Constituency Returning Officer Mr. Stanley Kipkore had a rough time containing irate aspirants during a briefing he had convened to ran them through very important pre-election details. Hell broke loose when the RO read out a registration submission schedule that had fewer names prompting those whose names had been omitted to protest bitterly leading to a walkout. An attempt by the DRO Mr. Amos to calm down the aspirants by explaining that they had not received the official list from IEBC headquarters and were therefore relying on the list they noted of those who had collected forms from Kanduyi office did not bear any fruits.

The protest came at the tail end of the briefing after the RO had successfully without any interruptions run aspirants thru the following;

Watch Protest;   https://fb.watch/d55186E1d8/

pre –candidate registration meeting

Purpose of Meeting

• A pre- candidate registration meeting with aspirants provides a forum for the Commission to clarify qualifications, hear out aspirants concern over the election process and seek aspirants active support for free fair and credible candidate registration process.

Objectives of the meeting

• To jointly examine pitfalls towards validation of candidate registrations forms
• To clarify legal requirements for validation of candidate registration forms
• To seek active support for a peaceful election period

2022 General Election

1. General election is held second Tuesday in August in every fifth year in Kenya (09-08-2022)
2. GE was gazette in Gazette Notice Vol. CXXIV—No. 14 of 20th January, 2022 in the Kenya Gazette

 

CURRENT STATUS OF COUNTY REGISTER OF VOTERS

TIMELINES

GENERAL REQUIREMENT FOR ALL CANDIDATES

A person qualifies for registration of candidate for all Elections if the person is;

• Kenyan citizen
• registered as a voter
• nominated by a political party, or is an independent candidate
• Has not been nominated for any other elective position.

A person is not qualified for registration as a candidate if the person;

•   a) Is a public officer, or is acting in any State or other public   office

This disqualification does not apply for all incumbents

• b) Participates directly or indirectly in any public fundraising or Harambee, within eight months preceding a general   election or during an election period.

This disqualification excludes fundraising for a person who is contesting an election or to a fundraising for a political party.

• c) Has had all possibility of appeal or review of a relevant sentence   or decision regarding his disqualification fully   exhausted
• d) is of unsound mind;
• e) is an un-discharged bankrupt;
• f) Has at any time within the five years immediately preceding the date of election held office as a member of   the Commission
• g) 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 of the Constitution.
• h) is serving a sentence of imprisonment of at least six months

REQUIREMENT FOR INDEPENDENT CANDIDATES

Any person is eligible to contest as an independent candidate for an election if the person –

(a)has not been a member of a political party for at least three months immediately before the date of the election;

(b)Submits certification from ORPP that he/she has is not a member of a political party

(c)Expresses the intention to contest as an independent candidate in the prescribed form

(d)Submits particulars and his/her symbol in a prescribed form

(e) Submits certification from ORPP that his/her symbol does not resemble symbols of registered political parties

(f) Submits names and signatures of supporters who must be registered voters in the electoral area

(g) submit copies of supporters’ identification document used during registration

CANDIDATE REGISTRATION CENTRE

The Candidate Registration Centre for Kanduyi Constituency will be Kanduyi Constituency Office because it;

• Is accessible by PWDs and other persons with special needs
• Is accessible to public transport
• Is safe and secure
• Has a spacious enclosure to accommodate the layout
• Has uninterrupted power and supports 4G network connectivity
• Has social amenities like water and sanitation
• Has ample parking space
• Has adequate lighting
• Has a perimeter fence
• Is within Bungoma County

FILLING OF FORMS

• Fill in capital letters to enhance legibility
• Fill all the fields that you are expected to fill
• Avoid cancellations, bolding and overwriting
• Incase of an erroneous entry, cancel with a straight line, write above the cancelled entry and countersign
• Preferably use the date format date-month-year e.g. 09-08-2022
• ensure that you sign the self declaration, the electoral code of conduct and the statutory declaration forms before a Commissioner of Oaths who should also append his/her signature and stamp

SAMPLE FILLED FORMS;

..\..\candidate registration and verification TRAINING 2022\CANDIDATE REGISTRATION FORMS_2022_FILLED FOR TRAINING.docx

CHECKLISTS;

candidate registration CHECK LISTS updated 8-5-22.docx

FEATURES OF A CANDIDATE’S PHOTO WHICH IS UPLOADED BY THE RO ON TO THE NOMINATION SOFTWARE

The IEBC nomination software has a facility to upload candidate’s passport photo that will appear on the ballot paper. IEBC has provided specifications of the passport photos in order to harmonize appearance on the ballot paper .The passport size PHOTO should meet the following;

REQUIREMENTS

1. The format MUST be JPEG format and in color
2. The background MUST be white with no shadows
3. The photo size MUST have a maximum size of less than 2MB
4. The resolutions MUST  be 1028 x 768 pixels
5. The aspect ratio of the camera should be  4:3
6. The photo MUST be of portrait orientation
7. The Photo must be facing forward so that the Face is fully visible

ELECTORAL CODE OF CONDUCT

The Dos and Don’ts Under the Electoral Code of Conduct

Article 84 of the Constitution of Kenya demands that in every election, all candidates and all political parties must comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.

The intended Code of Conduct has been enacted as part of the Elections Act 2011.The Code as enacted is prescribed not only to apply to elections but also to referenda.

The act of subscription to the Electoral Code of Conduct create further obligations to political parties, referendum committees, officials of political parties and referendum committees and candidates. The obligations are to:

Adhere to the values and principles of the Constitution;

(a) Give wide publicity to the Code;

(b) Promote voter education campaigns

(c) Condemn, avoid and take steps to prevent violence and intimidation;

(d) Instruct candidates, office bearers, agents, members and persons who support the political parties of their obligations under the Code;

(e) Promote gender equality;

(f) Promote ethnic tolerance;

(g) Promote cultural diversity;

(h) Promote the fair representation of special interest groups;

(i) Generally affirm the rights of all participants in an election to:-

1. 1. Express divergent political opinions;
   2. Debate and contest the policies and programmes of other parties;
   3. Canvass freely for membership and support from voters;
   4. Subject to the Public Order Act hold public meetings;
   5. Attend public meetings convened by others;
   6. Distribute non-offensive electoral literature and campaign material;
   7. Publish and distribute non-offensive notices and advertisements;
   8. Erect non-offensive banners, placards and posters;
   9. Remove all banners, placards and posters erected during the election period;
   10. Promote free electoral campaigns by all lawful means; and
   11. Co-operate with the Commission and the relevant Government agencies and other authorities in the investigation of issues and allegations arising during the election period.

In addition to the foregoing obligations incidental to the very act of subscribing to the Code, the Code further requires of those bound by it to do the following:

(a) Publicly and repeatedly condemn violence and intimidation and avoid the use of hate speech, language or any kind of action which may lead to violence or intimidation whether to demonstrate party strength, gain any kind of advantage or for any other reason;

(b) Refrain from any action involving violence or intimidation;

(c) Ensure that no arms or weapons of any kind are carried or displayed at political meetings or any march, demonstration or other event of a political nature;

(d) Refrain from campaigning in places of worship or during burial ceremonies;

(e) Co-operate and liaise in good faith with other parties to avoid organizing public meetings, demonstrations, rallies or marches to take place at the same time and venue as similar political events organized by other parties;

(f) Do nothing to impede the right of any party, through its candidates, canvassers and representatives to have reasonable access to voters for the purpose of conducting voter education, fund raising, canvassing membership and soliciting support;

(g) Avoid plagiarizing the symbols, colours or acronyms of other parties and to discourage and, if possible, prevent the removal disfigurement or destruction of political campaign material of any party;

(h) Refrain from offering any document or reward to any person in consideration of such person either joining or not joining any party; attending or not attending any political event; voting or not voting (either at all, or in a particular manner); or accepting, refusing or withdrawing such person’s nomination as a candidate in the election;

(i) Refrain from any attempt to abuse a position of power, privilege or influence, including parental, partrachial, state or traditional authority for political purposes including any offer of reward or threat of penalty;

(j) Avoid any discrimination based on race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth in connection with the election and political activity;

(k) In relation to the Commission :-

1. 1. Acknowledge the authority of the Commission in the conduct of the election or referendum;
   2. Ensure the attendance and participation of representatives at meetings of any party liaison committee and other forums convened by or on behalf of the Commission;
   3. Implement the orders and directions of the Commission;
   4. Facilitate the Commission’s right of access through official observers and other representatives to all public political meetings or other electoral activities;
   5. Co-operate in the investigation of issues and allegations arising during an election period;
   6. Take all reasonable steps to ensure the safety of observers and other representatives of the Commission from exposure to insult, hazard or threat in the course of their official duties;
   7. To establish and maintain effective lines of communication with the Commission; and
   8. To abide by the provisions of this Code.

(l) Reassure voters with regard to the impartiality of the Commission and the secrecy and integrity of the ballot, and to reaffirm that no one how any other person voted;

(m) Take reasonable steps to discipline and restrain their party office bearers, employees, candidates, members and persons who support the political party who:-

1. Infringe the Code;
2. Engage in activities of commission or omission which constitute offences under the electoral laws or otherwise fail to observe the Code; and
3. Contravene or fail to comply with any provision of the electoral laws;

(n) Agree for party office bearers, employees, candidates, members and persons who support the political party to submit to the disciplinary procedures of the Commission for any violation of the Code; and

(o) Without prejudice to the right to present a petition to an election court, accept the final outcome of the election and the Commission’s declaration and certification of the results of the election.

Sanctions for Breach of the Code

There are two sets of sanctions for breach of the Electoral Code of Conduct.

There are those sanctions that are issuable by the Commission and sanctions that are issuable by the High Court at the instance of the Commission.

Where the Independent Electoral and Boundaries Commission forms an opinion that any political party or referendum committee participating in any election or referendum or the leader, office bearer or member of a political party or person who supports the political party of referendum committee or any candidate at any election, in any way infringes the provisions of the Code, the Commission may impose the following sanctions:

In the case of a political party, the leader, any offi ce bearer or member or person who supports the political party, referendum committee or candidate, one or more of the following penalties:

1. A formal warning
2. A fine determined by the Commission
3. An order prohibiting the political party either permanently or for a specified period from utilizing any public media time as may be allocated to the political party for electoral purposes
4. An order prohibiting the political party, referendum committee or candidate from:

– Holding particular public meetings, demonstration or marches or any kind of meeting, demonstration or march;

– Entering any specified electoral area for purposes of canvassing for membership, or for any other electoral purpose;

– Erecting placards or banners or from publishing and distributing campaign literature;

– Publishing or distributing campaign literature and electoral

advertising or limiting the rights of the political party to do so, which prohibition or limitation should be notified to the relevant regulating officers under the Public Order Act in the affected places or electoral areas for purposes of the Act.

In the case of the leader, candidate, office bearer or member of a political party or referendum committee impose either or both a formal warning and a fine determinable by the Commission.

In the event that a political party, referendum committee, leader or any office bearer, member or person who supports the political party, referendum committee or any candidate at an election fails, neglects or refuses to comply with any of the above orders of the Commission, the Commission has power to impose upon the defaulting party any of the following sanctions (and the sanctions may be suspended on specific conditions):

(a) In case of fine imposed, prohibit the defaulting party from participating in ongoing and future elections as candidates in case of a defaulting candidate until such fine is paid;

(b) In case of a fine imposed prohibit the political party or referendum committee official from participating in ongoing elections and referendum, and future elections and referendum and future elections or referendum or any activity facilitated by the Commission until such fine has been paid;

(c) In case of failure to comply with any other sanctions imposed, cancel the right of such political party or candidate to participate in the next election.

(d) File execution proceedings in the High Court to enforce the recovery of the fine.

It is a requirement of the Code that a fine imposed by the Commission under the Code be registered in the High Court.

Sanctions issuable by the High Court at the instance of the Commission are subject to the following conditions:

1. The proceedings are to be instituted by the Commission either on its own motion or as a consequence of any report made to it;
2. The allegation of infringement of the Code must be as against a political party, leader office bearer or member of a political party or person who supports the political party or any candidate.
3. The infringement must involve violence, intimidation or gross or systematic violation of the rights of any political party, candidate or voter.

If the foregoing pre-conditions are satisfied, then the court has discretion to do the following:

(a) In the case of a political party, make an order cancelling the right of such party to participate in the election concerned either in addition to or in substitution of any sanction that issued by the Commission among the sanctions issuable by the Commission and specified above.

(b) In case of the leader, any office bearer or member of a political party or person who supports the political party or of any candidate, make an order disqualifying in the case of a person who is a candidate, that person from being a candidate or deleting the name of that candidate from the list or lists of candidates concerned.

Download IEBC brief here; Presentation on Pre- CR meeting

The campaign schedule

• Each candidate is expected to draft a campaign schedule showing;
• Date, venue and time he/she will be campaigning in the Constituency;
• Pursuant to the gazette notice:
  • Campaigns should be held between 7.00a.m and 6.00pm
  • The start date of campaigns is 29-05-2022 while the end date is 06-08-2022 which is 24 hours to the election day(09-08-2022);
  • There will be a meeting of the harmonization of various nomination campaigns  to avoid clashes by candidates during the campaigns and Enhance peaceful elections