GAZETTE NOTICE NO. 5146

IN EXERCISE of the powers conferred by Articles 88 (4), 97 (1) (a), 101 (4), 177(1) (a) and 194 of the Constitution of Kenya, sections 16, 19, 38 and 43 (5A) of the Elections Act, 2011 and Regulations 11 (2), (3) and 12 (1), (3) of the Elections (General) Regulations 2012, the Independent Electoral and Boundaries Commission gives notice that: (a) Following the Declaration of Vacancies in the offices of Member of the National Assembly for Baringo South Constituency and County Assembly Member of North Kadem Ward, Migori County and County Assembly Member of Bobasi Chache Ward, Kisii County vide letters from the respective Speakers dated 17th May, 2018, 15th February, 2018 and 1st March, 2018, respectively, there shall be a By- Election for the Member of National Assembly for Baringo South Constituency, and County Assembly Member of North Kadem Ward, Migori County and County Assembly Member of Bobasi Chache Ward, Kisii County, respectively, on 17th August, 2018. (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 29th May, 2018. (c) The Commission shall publish, in the Kenya 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. (d) Candidates intending to participate in the By-election as independent candidates shall not have been members of any political party by 19th May, 2018. (e) Each political party intending to participate in the elections must finalize its primaries and resolve all intra-party disputes on or before the 13th June, 2018. (f) Candidates intending to participate in this election as independent candidates shall submit their names and symbols that they intend to use during the by-election for purposes of nomination of independent candidates to the Commission on or before 29th May, 2018. (g) The Commission shall publish in the Kenya 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 being on or before 6th June, 2018. (h) The days for the nomination of political party candidates and independent candidates for the By-election shall be on Tuesday, 19th June, 2018 and Wednesday, 20th June, 2018 and the nomination papers shall be delivered by the candidates to the 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. (i) Disputes relating to or arising from nominations shall be determined within ten (10) days of the lodging of the dispute with the Commission. (j) The campaign period for purposes of the 17th August, 2018 By-election shall commence on Tuesday, 19th June, 2018 and cease on Tuesday, 14th August, 2018, being 48 hours before the By-election Day. (k) The campaign time shall run from 7.00 a.m. to 6.00 p.m. during the campaign period. (l) Political parties and independent candidates shall appoint and submit to the Commission the names of one Constituency Election Agent to the Commission on or before 2nd August, 2018. (m) If the elections are contested, the poll will take place on the 17th August, 2018. 8:03 AM THE KENYA GAZETTE 28th May, 2018 1642 1642 Notes: 1. The attention of candidates and persons subscribing nomination papers is drawn to the provisions of Parts III, 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 Election Act, 2011. 3. A person guilty of an election offence will be liable to the penalties imposed by the Election Offences Act, 2016 (No. 37 of 2016), the disqualifications imposed thereof and the Constitution of Kenya. 4. The attention of candidates is drawn to the provisions of section 26 of the Elections Act, 2011. 5. The attention of political parties and candidates is drawn to the provisions of section 43 (5A) of the Elections Act, 2011 on resignation of public officers. Dated the 23rd May, 2018. W.W. CHEBUKATI, Chairperson, Independent Electoral and Boundaries Commission.