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Local Government Act - Kenya Law Reports

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Rev. 2010]<br />

<strong>Local</strong> <strong>Government</strong> CAP. 265 181<br />

Provided that the Electoral Commission may direct that such notice<br />

may be published at a date later than that which would otherwise be applicable<br />

under this paragraph.<br />

(3) A notice under paragraph (2) shall be in Form 1 and shall<br />

specify—<br />

(a) the day or days upon which each political party shall nominate<br />

candidates to contest the civic elections in accordance with its<br />

constitution or Rules, which shall not be more than twenty-one<br />

days after the date of the publication of such notice;<br />

(b) the place at which, and the times during which, nomination papers<br />

for an election may be obtained;<br />

(c) the dates on which, and the place at which, nominations for an<br />

election may be handed to the returning officer, which date shall<br />

not be less than ten days after the date fixed as the date of such<br />

notice;<br />

(d) the day or days upon which an election shall be held, which shall<br />

not be less than fourteen days after the nomination day.<br />

(4) Where more than one election is to be held, a notice under paragraph<br />

(2) may form part of a composite notice.<br />

13. (1) Whenever an election is to be held in an electoral area, the<br />

returning officer in consultation with the Electoral Commission shall appoint a<br />

presiding officer to preside at each polling station, and such poll clerks as may<br />

be necessary for the purposes of the election:<br />

Provided that no person shall be so appointed if he has been employed by<br />

or on behalf of, or has in any manner whatsoever assisted, any of the candidates<br />

in or about such election or any election connected therewith.<br />

(2) A returning officer may, if he thinks fit, preside at a polling station<br />

and in any such case he shall, for the purposes of any of the provisions of these<br />

Rules, be deemed to be a presiding officer of such station.<br />

(3) Subject to the general or special directions given by the presiding<br />

officer, a poll clerk may perform any act (including the asking of questions)<br />

which his presiding officer is required or authorized to perform by these Rules:<br />

Provided that no polling clerk shall have power to order the arrest of any<br />

person or the exclusion or removal of any person from a polling station.<br />

(4) The returning officer shall require every presiding officer and poll<br />

clerk, as soon as he has made the oath of secrecy prescribed by the Election<br />

Offences <strong>Act</strong>, to make before the returning officer a declaration that the person<br />

making the declaration understands that he must not prompt any elector whom he<br />

is empowered by these Rules to assist, and must strictly follow the provisions of<br />

these Rules, and any instructions which may lawfully be given to him, relating<br />

[Subsidiary]<br />

Presiding officers and<br />

poll clerks.<br />

L.N. 171/2002.<br />

Cap. 66.

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