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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 33<br />

(3) Without prejudice to the generality of subsection (1), rules<br />

made by the Electoral Commission may provide that a person who is<br />

convicted by any court of any offence that is prescribed by law that is<br />

connected with election of members of the National Assembly or of a<br />

local authority or who is reported to be guilty of such an offence by the<br />

Court trying an election petition shall not be qualified to be nominated<br />

for election as an elected councillor or to be nominated, appointed or<br />

otherwise selected as a councillor of a local authority for such period<br />

(not exceeding five years) following his conviction or, as the case may<br />

be, following the report of the Court as may be so prescribed.<br />

53C. Any rules made by the Electoral Commission under sections<br />

53, 53A, or 53B may, in order to permit any person who has been<br />

adjudged or declared to be of unsound mind, sentenced to death or<br />

imprisonment, or adjudged or declared bankrupt, or any person who<br />

has been convicted of an offence referred to in paragraph 2 (d) of the<br />

Fifth Schedule, to appeal against the decision in accordance with any<br />

law, provided that, subject to such conditions as may be prescribed by<br />

any rules made by the Electoral Commission, the decision shall not,<br />

as regards registration in any local authority area, take effect for the<br />

purposes of paragraph 2 or, as the case may be, paragraph 3 of the Fifth<br />

Schedule until such time as may be prescribed.<br />

54. (1) A county, town or municipal council may at any time<br />

make a representation to the appropriate authority for the alteration of<br />

the boundaries of any electoral area, or the alteration of the number of<br />

electoral areas, in its area.<br />

(2) Where an urban council has made proposals to the county<br />

council and is aggrieved by the refusal or neglect of that council to<br />

make a representation to the appropriate authority under subsection (1),<br />

the urban council may itself make a representation to the appropriate<br />

authority as to the whole or any part of the proposals.<br />

(3) In the case of a representation relating to electoral areas of<br />

a county or of a county division or of a local council area, the council<br />

making the representation shall as soon as the representation has been<br />

made—<br />

(a) in the case of a representation relating only to the alteration<br />

of the boundaries of electoral areas, send a copy thereof to<br />

the council of every county division in the county which<br />

is wholly or in part comprised in any of the electoral areas<br />

proposed to be altered; and<br />

(b) in every other case, send a copy thereof to the council of<br />

Rules under sections<br />

53, 53A and 53B.<br />

L.N. 105/1965,<br />

10 of 1997, Sch.<br />

Alteration of<br />

electoral areas.<br />

L.N. 634/1963,<br />

31 of 1971, Sch.,<br />

11 of 1984, Sch.,<br />

1 of 1992, s. 9.

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