Delimitation of Electoral Boundaries : A Comparative Study
MOI UNIVERSITY
SCHOOL OF LAW
TOWN CAMPUS ANNEX
TITLE: DELIMITATION OF ELECTORAL BOUNDARIES IN KENYA: A
COMPARATIVE STUDY
A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS OF MOI UNIVERSITY SCHOOL OF LAW FOR THE AWARD OF
A BACHELOR OF LAWS (LLB) DEGREE
BY
NDUBI ELIKANA MOKUA
REGISTRATION NUMBER: LLB/036/09
SUPERVISOR:
MR.JOHN OSOGO AMBANI
APRIL 2013
1
DECLARATION
I, NDUBI ELIKANA MOKUA, ADM NO. LLB/O36/09 do hereby declare that this thesis is an original scholarly work of my hands and that the same has not been submitted by any other person and is not currently being submitted by any other person for the award of a Bachelor of
Laws (LLB) degree or for the conferment of any other academic credential whatsoever. As such, no part of this discourse may be produced, stored in a retrieval system, or transmitted in any form or by any means – electronic, mechanical, via photocopying, recording, or otherwise – without the prior permission of the author hereinabove mentioned.
_____________________________
__________________________
NDUBI ELIKANA MOKUA
DATE
_____________________________
__________________________
MR.JOHN OSOGO AMBANI
DATE
i
DEDICATION
This research paper is dedicated to my beloved mother, the late Nancy Joyce Manyara Mogaka
Ndubi who passed away on 23 November 2007 when I had just concluded my KCSE
Examination. For her invaluable support and the mentorship that she afforded me in my academic journey and her tireless labour to make me a success, her efforts will forever be engrained in my heart. May the good Lord rest her soul in eternal peace.
To my father, Mr. Samuel Ndubi Mokua, his efforts to see to it that my school fees is paid in time will forever be remembered.
To the minority groups and marginalized communities during the 2012 delimitation of
Constituencies and County Assembly Wards by the IEBC, yours cries have not gone unheard.
ii
SCHOOL OF LAW
TOWN CAMPUS ANNEX
TITLE: DELIMITATION OF ELECTORAL BOUNDARIES IN KENYA: A
COMPARATIVE STUDY
A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS OF MOI UNIVERSITY SCHOOL OF LAW FOR THE AWARD OF
A BACHELOR OF LAWS (LLB) DEGREE
BY
NDUBI ELIKANA MOKUA
REGISTRATION NUMBER: LLB/036/09
SUPERVISOR:
MR.JOHN OSOGO AMBANI
APRIL 2013
1
DECLARATION
I, NDUBI ELIKANA MOKUA, ADM NO. LLB/O36/09 do hereby declare that this thesis is an original scholarly work of my hands and that the same has not been submitted by any other person and is not currently being submitted by any other person for the award of a Bachelor of
Laws (LLB) degree or for the conferment of any other academic credential whatsoever. As such, no part of this discourse may be produced, stored in a retrieval system, or transmitted in any form or by any means – electronic, mechanical, via photocopying, recording, or otherwise – without the prior permission of the author hereinabove mentioned.
_____________________________
__________________________
NDUBI ELIKANA MOKUA
DATE
_____________________________
__________________________
MR.JOHN OSOGO AMBANI
DATE
i
DEDICATION
This research paper is dedicated to my beloved mother, the late Nancy Joyce Manyara Mogaka
Ndubi who passed away on 23 November 2007 when I had just concluded my KCSE
Examination. For her invaluable support and the mentorship that she afforded me in my academic journey and her tireless labour to make me a success, her efforts will forever be engrained in my heart. May the good Lord rest her soul in eternal peace.
To my father, Mr. Samuel Ndubi Mokua, his efforts to see to it that my school fees is paid in time will forever be remembered.
To the minority groups and marginalized communities during the 2012 delimitation of
Constituencies and County Assembly Wards by the IEBC, yours cries have not gone unheard.
ii
References: In the consolidated cases of John Harun Mwau v the Honourable Attorney General and 2 others (Nairobi constitutional Petition No 65 of 2011), the three Judge bench after considering the submissions of counsels for the agreement between the President and Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008; or between the President and the Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008 is the Independent Electoral and Boundaries Commission. 6. The National Accord and Reconciliation Act, 2008. 7. The Statistics Act. (Act No.4 of 2006). 4. John Harun Mwau v the Honourable Attorney General and 2 others (Nairobi constitutional Petition No 65 of 2011). 3. Dr. Lisa Handley, Challenging the Norms and Standards of Election Administration (IFES, 2007). 4. Dr. Lisa Handley et al, Delimitation Equity Project Resource guide (2006). Elisha Z Ongoya and Willis Otieno, A Handbook on Kenya’s Electoral laws (2012). 7. Lumumba-PLO Judicial Review in Kenya (2nd ed, 2006). 8. Sir Ivor, The Law and the Constitution, (5th ed, 1959). 9. Wade and Phillips in their book Constitutional Law, (1971) p. 583. 10. Clapham C, ‘Boundary and territory in the Horn of Africa’ in Nugent P and Asiwaju A.I (Eds), Africa Boundaries, (1996). (July 2004). 2. Helen Fulcher, The Concept of Community of Community of Interest. (1991) Discussion Paper 2.