GAZETTE NOTICE NO. 4000

IN EXERCISE of powers conferred by Articles 85, 88 (4), 97 (1) (a), 99, 101 (4) 103 (1) (a), 177 (1) (a), 193 and 194 (1) (a) of the Constitution of Kenya, sections 5 (1) (b), 13 (3), 16, 19, 24, 25, 26, 30, 31, 32, 33, 38, 38A, 43 (5A) and 74 of the Elections Act, 2011 and Regulations 11 (4), 11 (6), 12 (1), 13B, 13C and 14, Parts III, V, VIII and IX of the Election (General) Regulations, 2012, the Independent Electoral and Boundaries Commission gives notice that: (a) Following declaration of vacancy that occurred in the office of Member of National Assembly for Kiambaa Constituency and Member of County Assembly, Muguga Ward, Kiambu County, confirmed by the Speakers of the National Assembly and County Assembly of Kiambu vide letters dated 15th April, 2021 and 26th March 2021 respectively, there shall be by-elections for Member of National Assembly for Kiambaa Constituency and Member of County Assembly, Muguga Ward, Kiambu County on Thursday, 15th July, 2021. (b) Each political party intending to participate in the by-election shall submit the names of the persons contesting in a party primary and the date of the party primary on or before Monday, 3rd May, 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-election as independent candidates shall not have been members of any political party at least three (3) months immediately before the date of the by-election. (f) Political parties intending to present candidates in this election shall, after their primaries resolve all intra-party disputes and submit the list of persons nominated to contest in this by-election to the Commission on or before Monday, 17th May, 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, 17th May, 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, 3rd May, 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. 1:21 PM THE KENYA GAZETTE 23rd April, 2021 1886 1886 (j) The days for the nomination of political party candidates and independent candidates for the by-elections shall be on Monday, 24th May, 2021 and Tuesday, 25th May, 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, 4th June, 2021. (l) The campaign period for purposes of the Thursday, 15th July, 2021 by-election shall commence on, Monday, 24th May, 2021 and cease on Monday, 12th July, 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 Thursday, 1st July, 2021. (o) The registration and revision of the register of voters for the said electoral areas is suspended until Thursday, 29th July, 2021. (p) If the elections are contested, the poll will take place on Thursday, 15th July, 2021. NOTES: 1. The attention of candidates and persons subscribing nomination papers is drawn to the provisions of Parts III, V, VIII and IX of the Election (General) Regulations, 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. 7. All campaigns will be guided by the MOH Covid-19 Protocols as released. Dated the 22nd April, 2021. W. W. CHEBUKATI, Chairperson, Independent Electoral and Boundaries Commission.