Chapter 7: REPRESENTATION OF THE PEOPLEPart 1 — ELECTORAL SYSTEM AND PROCESS

Article 87. Electoral disputes

Navigate this chapter (12 articles)

• 81. General principles for the electoral system
• 82. Legislation on elections
• 83. Registration as a vote
• 84. Candidates for election and political parties to comply with code of conduct
• 85. Eligibility to stand as an independent candidate
• 86. Voting
• 87. Electoral disputes (current)
• 88. Independent Electoral and Boundaries Commission
• 89. Delimitation of electoral units
• 90. Allocation of party list seats
• 91. Basic requirements for political parties
• 92. Legislation on political parties

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In this Chapter

Official Constitutional Text

87. (1) Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.

(2) Petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission.

(3) Service of a petition may be direct or by advertisement in a newspaper with national circulation.

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 87 of the Kenyan Constitution commands Parliament to pass laws that build clear systems for resolving voting arguments quickly. It sets a strict legal deadline, requiring any election petition challenging results—except for a presidential race—to be filed in court within 28 days after the Independent Electoral and Boundaries Commission officially announces the winners. Finally, it provides flexibility for starting the lawsuit, allowing the petition papers to be given directly to the accused person or published as a public notice in a national newspaper.