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INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT

This Law was Enacted In 2011 With The Main Objective Of Giving Provision For The Appointment And Effective Operation Of The Independent Electoral And Boundaries Commission As Established By Article 88 Of The Constitution, And For Any Connected purposes.

The Constitution under Article 88 covers the following aspects:

  1. A person is not eligible for appointment as a member of the IEBC if the person;
    1. Has held office or stood for election within the five preceding years as an MP/ MCA or as a member of the governing body of a political party
    2. Holds a state office.
  2. A member should not hold any other public office.

The responsibility of the commission according to the Constitution includes:

  1. Conducting or supervising referenda and elections to any elective body or office established under the Constitution of Kenya or any Act of parliament
  2. Conduct continuous registration of citizens as voters
  3. Regular revision of voters roll
  4. Delimitation of constituencies and wards
  5. Regulation of nomination of candidates by parties for elections
  6. Settlement of electoral disputes
  7. Registration of candidates for elections
  8. Carry out voter education
  9. Observing, monitoring and evaluation of voters
  10. Developing a code of conduct for candidates and parties contesting elections
  11. Regulation of amount of money to be spent by or on behalf of a candidate and parties contesting for elections
  12. Monitoring of compliance with legislation relating to the nomination of candidates by parties

​​​​​​​The commission is to exercise its powers and perform its functions in accordance with the constitution and national legislation.

  1. Conducts or supervises referenda and elections to any elective body or office established by the Constitution, and any other elections as prescribed by an Act of Parliament
  2. Continuously registers citizens as voters.
  3. Regularly revises the voters’ roll
  4. Delimitates constituencies and wards in accordance with the Constitution.
  5. It regulates of the process by which parties nominate candidates for elections
  6. It settles electoral disputes, including disputes relating to or arising from nominations..
  7. Registers candidates for election
  8. Provides for voter education
  9. Facilitates the observation, monitoring and evaluation of elections;
  10. It regulates of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election
  11. It develops and enforces of a code of conduct for candidates and parties contesting elections
  12. It monitors compliance with the legislation required by Article 82(1)(b) of the Constitution relating to nomination of candidates by parties
  13. It investigates and prosecutes electoral offences by candidates, political parties or their agents pursuant to Article 157(12) of the Constitution
  14. Responsible for usage of appropriate technology and approaches in the performance of its functions
  15. Any other functions as are provided for by the Constitution or any other written law.

Section 6 provides for the qualifications for the Chair of IEBC:

The chairperson of the Commission shall be a person who is qualified to hold the office of judge of the Supreme Court under the Constitution. That is to say the person must:

  1. Hold a law degree from a recognised university, or be an advocate of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction;
  2. Possess experience required hereunder, irrespective of whether that experience was gained in Kenya or in another Commonwealth common-law jurisdiction;
  3. Have a high moral character, integrity and impartiality and meet the requirements of Chapter Six of the Constitution;
  4. Have at least fifteen years experience as a superior court judge; or at least fifteen years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or held the qualifications specified above for a period amounting, in the aggregate, to fifteen years.
  5. Have proven relevant experience in any of the following fields:
    1. electoral matters 
    2. management
    3. finance
    4. governance
    5. public administration
    6. law.

A person is qualified for appointment as a member of the Commission if such person—

  1. is a citizen of Kenya;
  2. holds a degree from a recognised university
  3. has proven relevant experience in any of the following fields—
    1. electoral matters
    2. management;
    3. finance;
    4. governance;
    5. public administration;
    6. law; and
  4. meets the requirements of Chapter Six of the Constitution

Members of the Commission are appointed for a single term of six years to serve full time basis and are not be eligible for re-appointment.

SECTION

CRIME

INGREDIENTS

PENALTY

 

30

 

 

 

 

INTERFERENCE WITH FUNCTIONS OF THE COMMISSION

knowingly obstructing the Commission in

the discharge of its functions or otherwise interfering with the functions of the

Commission

3 years imprisonment or fine of one million shillings or both

-not eligible to hold public office for 10 years after conviction

Fifth schedule, section 8

FAILURE TO PUBLISH FINAL REPORT WITHIN SPECIFIED TIME

Failure to publish the final report in the Gazette within

the time required by the Commission after the report has been submitted to that

person,

One year imprisonment

 

 

 

 

 

 

 

 

  1. The Commission shall consist of a chairperson and six other members appointed in accordance with Article 250(4) of the Constitution and the provisions of the IEBC Act.
  2. The chairperson and members of the Commission shall be appointed in accordance with the procedure set out in the First Schedule of the IEBC Act.
  3. The process of replacement of a chairperson or a member of the Commission shall commence at least six months before the lapse of the term of the chairperson or member of the Commission.
  4. The procedure set out in the First Schedule shall apply, with the necessary modifications, whenever there is a vacancy in the Commission.
  5. The members of the Commission shall serve on a full-time basis
  6. The Commission shall be properly constituted notwithstanding a vacancy in its membership

 

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