Local Government Act - Kenya Law Reports

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196 CAP. 265 Local Government [Rev. 2010 [Subsidiary] Recount. Rejected ballot papers. L.N. 171/2002. (c) by more than one mark; shall not by reason only thereof be void if the intention that the vote shall be for one or other of the candidates clearly appears, and the manner in which the paper is marked does not of itself identify the elector and it is not shown that the elector can be identified thereby. (3) (Deleted by L.N. 171/2002.). (4) A presiding officer shall, so far as practicable, proceed continuously with the counting of votes. (5) A presiding officer shall not commence to count votes unless he is of opinion that he can conveniently complete the count, and any recount if such appears to him to be likely, without a break, but having commenced the count he may, if he considers it desirable and after consultation with such of the candidates or their counting agents as are present, exclude the hours between seven o’clock in the evening and nine o’clock in the following morning, or any of the said hours. (6) During any time excluded under paragraph (3), the presiding officer shall place the ballot papers and other documents relating to the election under the seal of the Electoral Commission and the seals of such of the candidates and their counting agents as may desire to affix their seals, and shall otherwise take all due and proper precautions for the security of such papers and documents. 37. (1) A candidate or counting agent, if lawfully present when the counting or recounting of votes is completed, may require the presiding officer to have the votes rechecked and recounted, or the presiding officer may on his own initiative, have the votes recounted: Provided that the votes shall not be recounted more than twice. (2) No steps shall be taken on the completion of a count or recount of votes until the candidates and counting agents present at such completion have been given a reasonable opportunity to exercise the rights given by this rule. 38.(1) Every rejected ballot paper shall be marked with the word “rejected” by the presiding officer, and, if objection is made by a candidate or counting agent to the rejection, the presiding officer shall add the words “rejection objected to”. (1A) The presiding officer shall mark every ballot paper which he counted but whose validity has been disputed or questioned by a candidate or an agent with the word “disputed” but such ballot paper shall be treated as valid for the purpose of the declaration of the election results at the polling station. (2) After the counting of votes is finally concluded, the presiding officer shall draw up a statement showing the number of rejected ballot papers under such of the following heads of rejection as may be applicable—
Rev. 2010] (a) want of official mark; Local Government CAP. 265 197 (b) voting for more than the number of candidates to be elected; (c) (Deleted by L.N. 95/1982.); (d) writing or mark by which the elector might be identified; (e) unmarked or void for uncertainty, and any candidate or counting agent shall, if he so desires, be allowed to copy such statement. 39. Upon the completion of the count (including any recount), the presiding officer shall seal in separate packets— (a) the counted ballot papers which are not disputed; (b) the rejected ballot papers together with the statement relating thereto; and (c) the disputed ballot papers. (d) rejection objected to ballot papers. (2) The presiding officer shall allow such candidate or agent who is then present to affix his seal to any packet under paragraph (1). (3) The presiding officer shall put the three packets and the declaration under rule 35A in the used ballot box after first demonstrating to the candidates or their counting agents present that it is empty, then seal the ballot box with the seal of the Electoral Commission and let the candidates or their counting agents present or any of them affix their own seals to the ballot box if they so wish. (4) The presiding officer shall as soon as is practicable deliver to the returning officer for the electoral area the ballot box containing the items required under paragraph (3). 39A. (1) Immediately after the results of the poll for all polling stations in an electoral area have been received by the returning officer, he shall, in the presence of the candidates or their agents present— (a) tally the results from the polling stations for each candidate without recounting the ballots that were not in dispute; (b) examine the ballot papers marked “rejection objected to” and “disputed” and confirm or vary the decisions of the presiding officers with regard to the validity of these ballot papers; (c) publicly announce to the persons present the total number of valid votes cast for each: [Subsidiary] Sealing of ballot papers. L.N. 171/2002, L.N. 179/2007. Announcement of election results. L.N. 171/2002, L.N. 179/2007.
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LAWS OF KENYA The LocaL GovernmenT
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Rev. 2010] Section Local Government
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Rev. 2010] Act; Local Government CA
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Rev. 2010] 48 49 50 51 Local Govern
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Rev. 2010] declaring the election t
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Rev. 2010] Provided that— Local G
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Rev. 2010] Rule Local Government CA
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Rev. 2010] 73—Limits of employer
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Rev. 2010] and the Board to occur;
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Rev. 2010] Box 28938-00200, Nairobi
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Rev. 2010] 48,000 40,000 34,000 28,
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