GAZETTE NOTICE NO. 915

IN EXERCISE of powers conferred by Articles 84, 85, 88(4), 177 (1) (a) and 194 (1) (c) of the Constitution of Kenya, sections 2, 5 (h), 13 (3), 19, 25, 31, 32, 38, 43 (5A) and 74 of the Elections Act, 2011 and Regulations 11 (6), 12 (1) and (3) (c), 13, 13B, 14 and 15, Parts VIII and IX of the Election (General) Regulations, 2012, the Independent Electoral and Boundaries Commission gives notice that: (a) Following the Declaration of Vacancy in the office of Dabaso Ward vide a letter from the County Assembly Speaker dated the 15th November, 2019 and received by the Commission on 15th November, 2019, there shall be a by-election for Member of the County Assembly Ward on Wednesday, 29th April, 2020. the declaration of the vacancy being Friday, 22nd November, 2019 for Dabaso County Assembly Ward. (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. (I) Political parties intending to present candidates in this by- election shall, either through party primaries or direct nomination, resolve all intra-party disputes and submit the names of persons nominated to contest in this election to the Commission on or before the Thursday, 20th February, 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, 6th February, 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. The days for the nomination of political party candidates and independent candidates for the by-elections shall be on Thursday, 27th February, 2020 and Friday, 28th February, 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. 0) 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, 9th March, 2020. (k) The campaign period for purposes of the Wednesday, 29th April, 2020 by-election shall commence on, Thursday, 27th February, 2020 and cease on Sunday, 26th April, 2020 being 48 hours before the by-election day. (0 The campaign time shall run from 7.00 a.m. to 6.00 p.m. during the campaign period. (m) 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 Wednesday, 15th April, 2020. (n) The registration and revision of the register of voters for Dabaso County Assembly Ward is suspended until Thursday, 14th May, 2020. (o) If the by-election is contested, the poll will take place on the Wednesday, 29th April 2020. 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 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. (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 Thursday, 6th February, 2020. (c) A public officer who intends to contest in the said by-election shall have resigned from public office within seven (7) days of 7th February, 2020 THE KENYA GAZETTE 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 31st January, 2020. W. W. CHEBUKATI, .Chairperson, PTG 1443/19-20 Independent Electoral and Boundaries Commission.