Constitution of Kenya (Repealed) - Kenya Law Reports

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32 Constitution of Kenya[Rev. 2009ensure adequate representation of urban and sparselypopulatedrural areas;(ii) population trends;(iii) means of communication;(iv) geographical features; and(v) community interest;(b) making recommendations to Parliament on administrativeboundaries, including the fixing, reviewing and variation of boundariesof districts and other units; and(c) the performance of such other functions as may be prescribedby ParliamentConstituencies.14 of 1986, s.3,10 of 1991, s. 2,10 of 2008, s. 3.42. (1) Subject to this section, Kenya shall be divided into suchnumber of constituencies having such boundaries and names as maybe prescribed by order made by the Interim Independent BoundaryReview Commission’(2) Parliament may prescribe the minimum number ofconstituencies into which Kenya shall be divided (which shall not beless than 188) or the maximum number of constituencies (which shallexceed the minimum number by at least twenty), and until Parliamenthas so prescribed the minimum number of constituencies shall be 188and the maximum shall be 210.(3) (Repealed by 10 of 2008).10 of 2008, s. 3.(4) The Commission shall review the number, the boundaries andthe names of the constituencies into which Kenya is divided, and may,by order, alter the number, the boundaries or the names, subject to andin accordance with this section, to the extent that it considers desirablein the light of the review.(5) (Repealed by 10 of 2008).(6) Every order made by the Commission under this section shallbe published in the Kenya Gazette and shall come into effect upon thenext dissolution of Parliament after it is made.42A. (Repealed by 10 of 2008).Qualifications and43. (1) Subject to subsection (2), a person shall be qualified to
Rev. 2009]Constitution of Kenya 33be registered as a voter in elections to the National Assembly and inelections of a President if, and shall not be qualified unless, at the dateof his application to be registered, he -(a) is a citizen of Kenya who has attained the age of eighteenyears; anddisqualificationsfor registration as avoter.2 of 1974, s. 2.(b) has been ordinarily resident in Kenya either -(i) for a period of not less than one year immediatelypreceding that date; or(ii) for a period of, or periods amounting in the aggregate to,not less than four years in the eight years immediatelypreceding that date; and(c) has, for a period of, or periods amounting in the aggregateto, not less than five months in the twelve monthsimmediately preceding that date, been ordinarily residentin the constituency in which he applies to be registered, orhas for such a period or periods carried on business there,or has for such a period or periods been employed there orhas for such a period or periods lawfully possessed land orresidential buildings there.(2) No person shall be qualified to be registered as a voter inelections to which this section applies -(a) if, under any law in force in Kenya, he is adjudged orotherwise declared to be of unsound mind; or(b) if he is an undischarged bankrupt, having been adjudgedor otherwise declared bankrupt under a law in force inKenya; or(c) if he is detained in lawful custody; or(d) if he is disqualified therefrom by Act of Parliament onthe grounds of his having been convicted of an offenceconnected with elections or on the grounds of his havingbeen reported guilty of the offence by the court trying anelection petition.(3) A question whether a person is qualified to be registered as avoter in elections to which this section applies shall be determined insuch manner as may be prescribed by Parliament.
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