GAZETTE NOTICE NO. 6933

IN EXERCISE of the powers conferred by Articles 84, 85, 88(4), 97 (1) (a), 99, 101(4), 177, 193, and 194 (1) of the Constitution of Kenya, sections 2, 5 (b), 13 (3), 16, 19, 22, 24, 25, 32, 33, 38, 43 (5A) and 74 of the Elections Act, 2011 and Regulation 11(4) and (6), 12 (1), 13B, 14 and 15, Parts III, V, VIII and IX of the Election (General) Regulations, 2012 the Independent Electoral and Boundaries Commission gives notice that, following the postponement of the above by-elections on 1st April, 2020 vide Gazette No. 2790 carried vide a special issue of the Kenya Gazette Vol. CXXII—No. 56 dated 14th April, 2020 and the subsequent occurrence of vacancies arising in Wundanyi/Mbale and Lake View Wards, the Commission informs the public that: (a) Following the Declaration of vacancies in the offices of Member of the National Assembly for Msambweni Constituency, Member for Kahawa Wendani Ward, Member for Kisumu North Ward, Member for Dabaso Ward, Member for Wundanyi/Mbale Ward and Member for Lake View Ward vide letters from the National Assembly Speaker received on Monday, 30th March, 2020, from Kiambu County County Assembly Speaker received on 12th March, 2020, Kisumu North Ward County Assembly Speaker received on 18th February, 2020, Dabaso County Assembly Speaker received on 5th December, 2019, Wundanyi/Mbale County Assembly speaker received on 2nd April, 2020 and Lake View Ward County Assembly Speaker received on 6th May, 2020 respectively, there shall be by-elections for Msambweni Constituency, Kahawa Wendani Ward, Kisumu North, Wundanyi/Mbale and Lake View Wards on Monday, 15th December, 2020. (b) Each Political Party intending to participate in the by-elections shall submit to the Commission the names of the persons contesting in a party primary and the date of the party primary on or before Thursday, 24th September, 2020. (c) A public officer who intends to contest in the by-elections shall resign from public office within seven (7) days of the declaration of a vacancy by the Speakers of the respective Assemblies. (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-election. (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 the Thursday, 8th October, 2020. (g) 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 Thursday, 24th September, 2020. (h) 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. (i) The days for the nomination of political party candidates and independent candidates for the by-elections shall be on Thursday, 15th October, 2020 and Friday, 16th October, 2020 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. (j) 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 Monday, 26th October, 2020. (k) The campaign period for purposes of the Msambweni Constituency and Kahawa Wendani, Kisumu North, Wundanyi/ Mbale and Lake View County Assembly wards by- elections scheduled to held on Tuesday, 15th December, 2020 shall commence on Thursday, 15th October, 2020 and cease on Saturday, 12th December, 2020 being 48 hours before the by- election Day. (l) The campaign period for purposes of Dabaso County Assembly Ward by- election scheduled to held on Tuesday, 15th December, 2020, shall resume on Monday, 16th November, 2020 and cease on Saturday, 12th December, 2020 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, 1st December, 2020. (o) The registration and revision of the register of voters for the said electoral areas is suspended until Monday, 28th December, 2020. (p) If the elections are contested, the poll will take place on the Tuesday, 15th December, 2020 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 (No. 37 of 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 16th September, 2020. W.W. CHEBUKATI, Chairperson, Independent Electoral and Boundaries Commission. 16th September, 2020 THE KENYA GAZETTE