Independent Electoral and Boundaries Commission Act

Section 1. Short title Section This Act may be cited as the Independent Electoral and Boundaries Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary appointed under Article 152 of the Constitution; "chairperson" means the chairperson of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") appointed in accordance with Article 250(2) of the Constitution; "Commission" means the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution; "first review" deleted byAct No. 9 of 2024, s. 2 ; "former Boundaries Commission" deleted byAct No. 9 of 2024, s. 2 ; "former Constitution" deleted byAct No. 9 of 2024, s. 2 ; "Fund" means the Independent Electoral and Boundaries Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") Fund established by section 18 ; "issues arising" deleted byAct No. 9 of 2024, s. 2 ; "member" means a member of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") and includes the chairperson ("the chairperson of the Commission appointed in accordance with Art...

Section 3. Object and purpose of the Act Section provide for the operations, powers, responsibilities and functions of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") to supervise elections and refrenda at County and National government levels;

Section 4. Functions of theCommission Section the continuous registration of citizens as voters;

Section 5. Composition and appointment of theCommission Section 5(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall consist of a chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and six other members appointed in accordance with Article 250(4) of the Constitution and the provisions of this Act. Section 5(2) The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and members of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be appointed in accordance with the procedure set out in the First Schedule. Section 5(3) The process of replacement of a chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") or a member ("a member of the Commission and includes the chairperson;") of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall commence at least six months before the lapse of the...

Section 6. Qualification for appointments aschairpersonormemberof theCommission Section 6(1) The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be a person who is qualified to hold the office of judge of the Supreme Court under the Constitution. Section 6(2)(a) deleted byAct No. 36 of 2016, s. 32 ; Section 6(2)(b) holds a degree from a recognized university; Section 6(2)(c) electoral matters; Section 6(2)(c)(i) electoral matters; Section 6(2)(c)(ii) management; Section 6(2)(c)(iii) finance; Section 6(2)(c)(iv) governance; Section 6(2)(c)(v) public administration; Section 6(2)(c)(vi) law; Section 6(2)(c)(vii) information and communication technology; and Section 6(2)(c)(viii) accounting. Section 6(2)(d) meets the requirements or Chapter Six of the Constitution.

Section 7. Term of office Section 7(1) The members of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be appointed for single term or six years and shall not be eligible for re-appointment. Section 7(2) The members of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall serve on a full-time basis. Section 7(3) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be properly constituted notwithstanding a vacancy in its membership.

Section 8. Conduct and business and affairs of theCommission Section The conduct and regulation of the business and affairs or the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be as provided for in the Second Schedule but subject thereto, the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may regulate its own procedure.

Section 9. Oath of office Section The chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and members shall, before assuming office, make and subscribe to the oath or affirmation office prescribed in the Third Schedule.

Section 10. Secretary to theCommission Section 10(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall, through an open, transparent and competitive recruitment process, appoint a suitably qualified person to be the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 10(2)(a) is a citizen of Kenya; Section 10(2)(b) possesses a degree from a recognized university; Section 10(2)(c) has had at least five years' proven experience at management level: Section 10(2)(d) electoral matters; Section 10(2)(d)(i) electoral matters; Section 10(2)(d)(ii) management; Section 10(2)(d)(iii) finance; Section 10(2)(d)(iv) governance; Section 10(2)(d)(v) public administration; Section 10(2)(d)(vi) law; or Section 10(2)(d)(vii) political science, and Section 10(2)(e) meets the requirements of Chapter Six of the Constitution. Section 10(3) The secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") shall, before a...

Section 11. Employees of theCommission Section 11(1) There shall be a secretariat of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") which shall be headed by the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") . Section 11(2)(a) such professional, technical and administrative officers and support staff, as may be appointed by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") in the discharge or its functions under this Act; and Section 11(2)(b) such public officers as may be seconded to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") upon its request. Section 11(3) The employees of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may be appointed, subject to its approved establishment. Section 11(4) For purposes or this Act, a public officer who is seconded to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the...

Section 12. Units of theCommission Section 12(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may create within itself such directorates, field offices, units, divisions or committees and appoint thereto such employees as it may determine. Section 12(2) Every directorate, field office, unit, division or committee created by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall act in accordance with the mandate approved by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") and directives given in writing by the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") .

Section 13. Legal personality of theCommission Section 13(1)(a) acquiring, holding and disposing of movable and immovable property; Section 13(1)(b) suing and being sued; and Section 13(1)(c) doing or performing all such acts and things as a body corporate may by law do or perform. Section 13(2) Any legal proceedings for execution of judgments against the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be subject to the Government Proceedings Act, ( Cap. 40 .)

Section 14. Seal of theCommission Section 14(1) The seal of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be such device as may be determined by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") and shall be kept by the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") . Section 14(2) The affixing of the seal shall be authenticated by the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") or any other person authorized in that behalf by a resolution of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 14(3) Any document purporting to be under the seal of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") or issued on behalf of the Commission ("the Independent Electoral and Boundar...

Section 15. Protection from personal liability Section Nothing done by a member ("a member of the Commission and includes the chairperson;") of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") or by any electoral officer shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") under the Constitution or this Act, render such member ("a member of the Commission and includes the chairperson;") or officer personally liable for any action, claim or demand.

Section 16. Code of conduct Section Members and the employees of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall subscribe to the code of conduct prescribed under the Fourth Schedule.

Section 10A. Vacancy of office ofsecretary Section dies;

Section 11A. Relationship between the Commissioners and secretariat Section the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and members of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall perform their functions in accordance with the Constitution and in particular, shall be responsible for the formulation of policy and strategy of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") and oversight; and

Section 7A. Vacancy in the office ofchairpersonand members Section 7A(1)(a) dies; Section 7A(1)(b) resigns from office by notice in writing addressed to the President; or Section 7A(1)(c) is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution. Section 7A(2) The President shall publish a notice of a vacancy in the Gazette within seven days of the occurrence of such vacancy. Section 7A(3) Whenever a vacancy arises under subsection (1) , the recruitment of a new chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") or member ("a member of the Commission and includes the chairperson;") , under this Act, shall commence immediately after the declaration of the vacancy by the President under subsection (2) . Section 7A(4) Deleted by[Act No. 9 of 2024, s. 4.] Section 7A(5) Deleted by[Act No. 9 of 2024, s. 4.] Section 7A(6) Deleted by[Act No. 9 of 2024, s. 4.] [ Act No. 36 of 2016 , s. 33, Act No. 34 of 2017 , s. 3, Act No. 9 of 2024 , s. 4.]

Section 7B. Absence ofchairperson Section 7B(1) Whenever the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") is absent, the vice-chairperson shall assume the duties of the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and exercise the powers and responsibilities of the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") . Section 7B(2) Whenever the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and the vice-chairperson are absent, members of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall elect from amongst themselves a member ("a member of the Commission and includes the chairperson;") to act as the chairperson ("the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution;") and exercise the powers and responsibilities of the chairperson ("the chairperson of the Commission appointed in accordance with Artic...

Section 17. Funds of theCommission Section monies allocated by Parliament for purposes of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ;

Section 18. Independent Electoral and BoundariesCommissionFund Section 18(1) The funds of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be held in a fund to be known as the Independent Electoral and Boundaries Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") Fund ("the Independent Electoral and Boundaries Commission Fund established by section;") which shall be administered, on behalf of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") , by the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") . Section 18(2)(a) the salaries, allowances and other remuneration of the employees of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 18(2)(b) such other remuneration to persons in its service as it may consider appropriate; Section 18(2)(c) such reasonable travelling and subsistence allowances for the employees and members of any committee of the Commissio...

Section 19. Expenses of theCommissionto be a charge on the ConsolidatedFund Section The administrative and other expenses of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") , including the salaries, allowances, gratuities and pensions of the members and employees of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be a charge on the Consolidated Fund ("the Independent Electoral and Boundaries Commission Fund established by section;") .

Section 20. Remuneration and allowances Section 20(1) Members of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be paid such be paid remuneration or allowances as the Salaries and Remuneration Commission ("the Salaries and Remuneration Commission established under Article 230(1) of the Constitution;") shall determine. Section 20(2) Spent.

Section 21. Annual estimates Section 21(1) Before the commencement of each financial year, the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") with the approval of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") , shall cause to be prepared estimates of the revenue and expenditure of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") for that year. Section 21(2) The Cabinet Secretary ("the Cabinet Secretary appointed under Article 152 of the Constitution;") responsible for finance shall present the estimates approved by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") for consideration and approval by the National Assembly.

Section 22. Financial year of theCommission Section The financial year of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be the period of twelve months ending on the thirtieth June in each year.

Section 23. Accounts and audit Section 23(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall cause to be kept all proper books and records of account of the income, expenditure and assets of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 23(2)(a) a statement of the income and expenditure of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") during that year; and Section 23(2)(b) a statement of the assets and liabiities of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") on the last day of that year. Section 23(3) All accounts kept under this Act shall be audited by the Auditor-General at least once in every financial year. Section 23(4) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall be entitled, upon application to the Cabinet Secretary ("the Cabinet Secretary appointed under Article 152 of the Constitution;") responsi...

Section 24. Annual report Section 24(1) Within six months after the end of each financial year, the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall present its annual report to the President and submit the same to Parliament. Section 24(2)(a) the financial statements of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 24(2)(ba) progress made in the continuous registration of citizens as voters and the progressive realisation of the right to vote of citizens residing outside Kenya and prisoners; Section 24(2)(b) the activities the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") has undertaken; and Section 24(2)(c) any other information, the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may consider relevant. Section 24(3) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall publish and publicize the annual report. [ Act No. 36 of 201...

Section 24A. Review of conduct of general election Section 24A(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall, after every general election, review its operations and make the necessary changes required to make its operations more efficient, effective, transparent and accountable. Section 24A(2) The review shall be completed within eighteen months after every general election and the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall publish the report in the Gazette and submit the report to Parliament. [ Act No. 9 of 2024 , s. 6.]

Section 24B. Procedure for delimitation of electoral boundaries Section 24B(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall discharge its mandate of the delimitation of boundaries of constituencies and wards in accordance with the Constitution, this Act and any other law. Section 24B(2)(a) review of the names and boundaries of constituencies; Section 24B(2)(b) review of the number, names and boundaries of wards; Section 24B(2)(c) re-distribution of wards affected by any changes in the boundaries of constituencies; and Section 24B(2)(d) allows for variation of margin of not more than the limits provided under Article 89(6) of the Constitution in relation to cities, sparsely populated areas and other areas; Section 24B(2)(d)(i) allows for variation of margin of not more than the limits provided under Article 89(6) of the Constitution in relation to cities, sparsely populated areas and other areas; Section 24B(2)(d)(ii) takes into account the provisions of Article 89(7)(b) of the Constitution that provides for the progressive realization of the requirement that the number of inhabitants in each constituency...

Section 25. General principles Section freedom of citizens to exercise their political rights under Article 38 of the Constitution;

Section 26. Independence of theCommission Section Except as provided in the Constitution, the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall, in the performance of its functions, not be subject to the direction or control of any person or authority but shall observe the principle of public participation and the requirement for consultation with stakeholders.

Section 27. Management of information Section 27(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall publish and publicise all important information within its mandate affecting the nation. Section 27(2)(a) shall be addressed to the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") or such other person as the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may for that purpose designate and may be subject to the payment of a reasonable fee in instances where the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") incurs an expense in providing the information; and Section 27(2)(b) may be subject to confidentiality requirements of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 27(3)(a) the request is unreasonable in the circumstances; Section 27(3)(b) the information requested is at a deliberative stage by the Commission ("the Independent Electoral and Bou...

Section 28. Publicity Section the location of all its offices; and

Section 29. Legal advice Section The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may request legal advice from the Attorney-General.

Section 30. Offences Section 30(1) A member ("a member of the Commission and includes the chairperson;") or employee of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") who knowingly subverts the process of free and fair elections or who knowingly obstructs the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") in the discharge of its functions or otherwise interferes with the functions of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") commits an offence and is liable, on conviction, to a term of imprisonment not exceeding three years or to a fine of not more than one million shillings or to both. Section 30(2) A person who is convicted of an offence under subsection (1) shall not be eligible to hold public office for a period of ten years following the conviction.

Section 31. Regulations Section 31(1) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may make regulations for the better carrying out of the provisions of this Act. Section 31(2)(a) the appointment, including the power to confirm appointments of persons, to any office in respect of which the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") is responsible under this Act; Section 31(2)(b) the disciplinary control of persons holding or acting in any office in respect of which the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") is responsible under this Act; Section 31(2)(c) the termination of appointments and the removal of persons from any office, in respect of which the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") is responsible under this Act; Section 31(2)(d) the practice and procedure of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") in the exe...

Section 32. Interpretation of part Section In this Part, unless the context otherwise requires- "Commission" means the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution; "first Commission" means the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") first appointed under this Act; "former Boundaries Commission" means the Interim Independent Boundaries Review Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") established under section 41B of the former Constitution ; "former Constitution means" the Constitution in force immediately before the 27th August, 2010; "former Electoral Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") " means the Interim Independent Electoral Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") established under section 41 of the former Constitution ; "Parliamentary Committee" means the relevant departmental Committee of the National Assembly responsible for matters...

Section 33. Transition Section 33(1) The former Electoral Commission shall continue in office in terms of section 28(1) and (2) of the Sixth Schedule to the Constitution. Section 33(2) A person who immediately before the commencement of this Act was an officer of the former Electoral Commission may, subject to the provisions of the Constitution, this Act and any other relevant law, be an officer of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 33(3) A person who served as an officer of the former Boundaries Commission ("the Interim Independent Boundaries Review Commission established under section 41B of the former Constitution;") may be eligible, subject to the staff establishment of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") , for employment by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") .

Section 34. Transfer of assets, etc. Section 34(1) All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the former Electoral Commission or the former Boundaries Commission ("the Interim Independent Boundaries Review Commission established under section 41B of the former Constitution;") shall upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") to the same extent as they were enforceable by or against either of the former Commissions before the commencement of the Act. Section 34(2)(a) make such entries in the appropriate register as shall give effect to the transfer; Section 34(2)(b) where appropriate, issue to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certif...

Section 35.[Deleted byAct No. 1 of 2017, s. 29.]

Section 36.[Repealed byAct No. 9 of 2024, s. 8.]