Kenya's election laws: who runs elections and your rights as a voter
Constitution of Kenya; Elections Act 2011; Election Offences Act 2016 · sources read 5 Oct 2026
Every adult Kenyan citizen has the right to register and vote by secret ballot, and the IEBC runs all elections and referenda. General elections are held on the second Tuesday in August every fifth year (next: 10 August 2027), and a result can be challenged in court within 28 days, or 7 days for the presidential election.
- Deadline
- Presidential election petition: within 7 days of the declaration of results. The Supreme Court decides within 14 days.
- Deadline
- Any other election petition: within 28 days of the IEBC declaring the results.
- Deadline
- IEBC decides nomination and other pre-results disputes within 10 days of lodging.
- Deadline
- The DPP must start a case for an election offence within 12 months of the election.
- Deadline
- Election petition (other than presidential): serve it on the respondents within 15 days of filing it.
- Where
- IEBC constituency offices and iebc.or.ke for voter matters; the courts for election petitions (Supreme Court for president, High Court for MPs and governors, designated magistrate's courts for MCAs)
Steps
- Register as a voter with the IEBC, or check your registration, before the election. See the IEBC voter registration page on Ask Gava.
- Disputes before results are declared, such as party nomination disputes, go to the IEBC, which must decide within 10 days.
- Election offences like vote buying are investigated and prosecuted on the orders of the Director of Public Prosecutions (ODPP).
- To challenge the presidential election, file a petition in the Supreme Court within 7 days of the declaration.
- For any other election, file a petition within 28 days of the results: the High Court for MPs and governors, and a designated magistrate's court for MCAs.
Watch out
- Taking a bribe for your vote is a crime too, not only offering one. Bribery can mean a fine of up to KSh 2 million, up to 6 years in jail, or both.
- You can be registered at only one registration centre.
- The law is changing: some Elections Act sections were struck down by the High Court, and an Election Laws (Amendment) Bill, 2026 is before Parliament.
Who this covers
- Adult Kenyan citizens who have not been declared of unsound mind and have not been convicted of an election offence in the last 5 years can register as voters.
- You can only vote if your name is in the Register of Voters.
- Employees: your employer must give you reasonable time to vote on polling day, with no pay cut.
Official sources (5)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Elections Act, No. 24 of 2011 new.kenyalaw.org · read 5 Oct 2026
- Election Offences Act, No. 37 of 2016 new.kenyalaw.org · read 4 Oct 2026
- Press Release: Misrepresentation by Media on Elections Laws (Amendment) Bill, 2026 (30 Jul 2026) iebc.or.ke · read 3 Oct 2026
- Press Release: Status Update of Enhanced Continuous Voter Registration as at 23 April 2026 (24 Apr 2026) iebc.or.ke · read 3 Oct 2026