GAZETTE NOTICE NO. 2076

IN EXERCISE of powers conferred by Articles 85, 88 (4), 97 (1) (a), 98 (1) (a), 99, 101 (4) and 103 (1) (a) and 194 (1), of the Constitution of Kenya, sections, 5 (1) (b), 13(3), 16, 19, 24, 25, 26, 30, 32, 33, 38, 38A, 43 (5A) and 74 of the Elections Act, 2011 and Regulations 11 (4) and (6), 12 (1), 13B, and 14, 15, Parts V, VI, VIII and IX of the Election (General) Regulations, 2012, the Independent Electoral and Boundaries Commission gives notice that: (a) Following declaration of vacancies that occurred in the office of Member of the Senate for Garissa County, Member of the National Assembly for Bonchari Constituency, Member of the National Assembly for Juja Constituency and Member of Rurii Ward in Nyandarua County Assembly all confirmed by the respective Speakers of the Senate, National Assembly and Nyandarua County Assembly vide letters dated 18th February, 2021, 24th February, 2021 and 20th January, 2021, respetively, there shall be by-elections for Member of the Senate for Garissa County, Member of the National Assembly for Bonchari Constituency, Member of the National Assembly for Juja Constituency and Member of Rurii Ward for Nyandarua County Assembly on Tuesday, 18th May, 2021. (b) Each political party intending to participate in the by-elections shall submit the names of the persons contesting in a party primary and the date of the party primary on or before Monday, 8th March, 2021. (c) A public officer who intends to contest in the by-election shall resign from public office within seven (7) days of the declaration of the vacancy by the Speaker. (d) The Commission shall publish, in the Gazette, the names of the persons contesting in a party primary and the date of the party primary within seven (7) days of receipt of the names of the candidates. (e) Candidates intending to participate in the by-elections as independent candidates shall not have been members of any political party at least three (3) months immediately before the date of the by-elections. (f) Political parties intending to present candidates in this election shall, after its primaries resolve all intra-party disputes and submit the list of persons nominated to contest in this election to the Commission on or before Monday, 22nd March, 2021. (g) Political parties intending to present candidates in this election through direct nominations shall submit the list of persons nominated to contest in this election to the Commission on or before Monday, 22nd March, 2021. (h) Candidates intending to participate in this election as independent candidates shall submit their names and symbols that they intend to use during the by-elections for purposes of nomination of independent candidates to the Commission on or before Monday, 8th March, 2021. (i) The Commission shall publish in the Gazette, the names and symbols of persons intending to contest in the election as independent candidates at least fourteen (14) days before the nomination day. (j) The days for the nomination of political party candidates and independent candidates for the by-elections shall be on Monday, 29th March, 2021 and Tuesday, 30th March, 2021 and the nomination papers shall be delivered by the candidates to the respective Returning Officer between the hours of eight o’clock in the morning and one o’clock in the afternoon and between the hours of two o’clock and four o’clock in the afternoon at the place designated by the Commission. (k) Disputes relating to or arising from nominations shall be determined within ten (10) days of the lodging of the dispute with the Commission in any event not later than Friday, 9th April, 2021. (l) The campaign period for purposes of the Tuesday, 18th May, 2021 by-election shall commence on Monday, 29th March, 2021 and cease on Saturday, 15th May, 2021 being 48 hours before the by-election day. (m) The campaign time shall run from 7.00 a.m. to 6.00 p.m. during the campaign period. (n) Political parties and independent candidates shall appoint and submit to the Commission the names of their Constituency Elections Agents to the Commission on or before Tuesday, 4th May, 2021. (o) The registration and revision of the register of voters for the said electoral areas is suspended until Monday, 31st May, 2021 (p) If the elections are contested, the poll will take place on Tuesday, 18th May, 2021. Notes: 1. The attention of candidates and persons subscribing nomination papers is drawn to the provisions of Parts III, V, VI, VIII and IX of the Election (General) Regulations, 2012, section 13(2) and the First Schedule to the Leadership and Integrity Act No. 19 of 2012 and Chapter Six of the Constitution of Kenya. 2. Every political party, candidate and every person who participates in the election shall subscribe to and observe the Electoral Code of Conduct set out in the Second Schedule to the Elections Act, 2011. 3. A person guilty of an election offence will be liable to the penalties imposed by the Election Offences Act, 2016, the disqualifications imposed thereof and the Constitution of Kenya. 4. The attention of candidates and political parties is drawn to the provisions of section 43(5A) of the Elections Act, 2011. 5. The attention of candidates is drawn to the provisions of section 26 of the Elections Act, 2011. 6. The attention of political parties, candidates and every person who participates in the election is drawn to section 2 of the Elections Act, 2011 on the campaign period. Dated the 26th February, 2021. W. W. CHEBUKATI, Chairperson, Independent Electoral and Boundaries Commission. 1st March, 2021 THE KENYA GAZETTE