Article 81. General principles for the electoral system
Official Constitutional Text
81. The electoral system shall comply with the following principles—
(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
(c) fair representation of persons with disabilities;
(d) universal suffrage based on the aspiration for fair representation and equality of vote; and
(e) free and fair elections, which are—
(i) by secret ballot;
(ii) free from violence, intimidation, improper influence or corruption;
(iii) conducted by an independent body;
(iv) transparent; and
(v) administered in an impartial, neutral, efficient, accurate and accountable manner.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 81 of the Kenyan Constitution outlines the foundational principles that the nation's electoral system must follow to ensure democratic governance. It guarantees the absolute freedom of citizens to exercise their political rights and mandates that no elective public body can have more than two-thirds of its members from the same gender. The system must also provide fair representation for persons with disabilities and uphold universal suffrage to ensure every vote carries equal weight. Finally, it requires all elections to be free and fair, specifying that voting must happen by secret ballot, remain completely free from violence, intimidation, or corruption, and be run by an independent body in a transparent, impartial, and accountable manner.