Kenya Act or statute

Parliament of Kenya

Independent Electoral and Boundaries Commission Act

Jurisdiction: Kenya
Structure: 42 provisions
Citation: Cap. 7C
Dates: As at 19 Jul 2024

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Dates: As at 19 Jul 2024

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Independent Electoral and Boundaries Commission Act.”

This Act may be cited as the Independent Electoral and Boundaries Commission Act. Section 2 provides definitions for terms used in the Act (for example: "Cabinet Secretary", "chairperson", "Commission", "Fund", "member", "parliamentary party", "principal office", "Registrar of Persons", "Salaries and Remuneration Commission", "secretary", and "vice-chairperson") and contains a construction rule that until after the first election references to "Cabinet Secretary" shall be construed to mean "Minister". The Independent Electoral and Boundaries Commission is assigned powers, responsibilities and functions to supervise elections and referenda at County and National government levels. Section 10A. Vacancy of office ofsecretary Section dies; Section 10 requires the Commission to appoint a qualified secretary through an open, transparent and competitive recruitment process; sets required qualifications; requires the secretary to take an oath before assuming office; sets a four-year term with one possible re-appointment; requires notification and advertising at least three months before term expiry if not reappointing; and makes the secretary accountable to the Commission.

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PRELIMINARY - 1. Short title

This Act may be cited as the Independent Electoral and Boundaries Commission Act.

Section 1

ADMINISTRATION - 15. Protection from personal liability

Members of the Commission and electoral officers are not personally liable for actions done in good faith while executing the Commission's powers, functions or duties under the Constitution or this Act.

Section 15

FINANCIAL PROVISIONS - 18. Independent Electoral and BoundariesCommissionFund

The secretary shall administer and manage the Independent Electoral and Boundaries Commission Fund on behalf of the Commission and subject to public financial management laws.

Section 18

MISCELLANEOUS PROVISIONS - 26. Independence of theCommission

The Commission shall not be subject to direction or control in performing its functions, and shall observe public participation and consult stakeholders.

Section 26

SAVINGS AND TRANSITIONAL PROVISIONS - 36.[Repealed byAct No. 9 of 2024, s. 8.]

Section 36 was repealed by Act No. 9 of 2024, s. 8.

Section 36

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Showing 42 of 42 provisions

Provision 31Commencement 5Interpretation 2Offence 2

Part 1

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the 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 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions for terms used in the Act (for example: "Cabinet Secretary", "chairperson", "Commission", "Fund", "member", "parliamentary party", "principal office", "Registrar of Persons", "Salaries and Remuneration Commission", "secretary", and "vice-chairperson") and contains a construction rule that until after the first election references to "Cabinet Secretary" shall be construed to mean "Minister".

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 Article 250(2) of the Constitution;") ; "Parliamentary Committee" means the relevant Departmental Committee of the National Assembly and Senate responsible for matters relating to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; “parliamentary party” means a party or coalition of parties consisting of not less than five percent of the membership of the National Assembly and Senate; "principal office" means the headquarters of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; "Registrar of Persons" means the office in charge of identification, registration and issuance of identity cards to all Kenyan citizens; "Salaries and Remuneration Commission" means the Salaries and Remuneration Commission established under Article 230(1) of the Constitution; "secretary" means the secretary to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") appointed under Article 250(12) of the Constitution; "vice-chairperson" means the vice-chairperson of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") elected under Article 250(10) of the Constitution. Section 2(2) Despite subsection (1) , until after the first election under the Constitution, references in this Act to the expression " Cabinet Secretary ("the Cabinet Secretary appointed under Article 152 of the Constitution;") " shall be construed to mean "Minister". [ Act No. 34 of 2017 , s. 2, Act No. 9 of 2024 , s. 2.]

Section 2Verify source

§ 3PRELIMINARY - 3. Object and purpose of the ActProvision

The Independent Electoral and Boundaries Commission is assigned powers, responsibilities and functions to supervise elections and referenda at County and National government levels.

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 3Verify source

Part II

ADMINISTRATION

§ 10ADMINISTRATION - 10. Secretary to theCommissionProvision

Section 10 requires the Commission to appoint a qualified secretary through an open, transparent and competitive recruitment process; sets required qualifications; requires the secretary to take an oath before assuming office; sets a four-year term with one possible re-appointment; requires notification and advertising at least three months before term expiry if not reappointing; and makes the secretary accountable to the Commission.

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 assuming office, take and subscribe to the oath or affirmation of office prescribed in the Third Schedule. Section 10(4) The secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") shall hold office for a term of four years and is eligible for re-appointment for one further term of four years. Section 10(5) Where the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") does not intend to reappoint the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") , the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall notify the secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") and shall cause the vacancy to be advertised at least three months before the expiry of the incumbent's term. Section 10(6) The secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") shall, in the performance of the functions and duties of office, be responsible, answerable and report to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 10(7)(a) the chief executive officer of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 10(7)(b) head or the secretariat; Section 10(7)(c) the accounting officer of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 10(7)(d) custodian of all Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") 's records; Section 10(7)(e) executing decisions of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 10(7)(e)(i) executing decisions of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 10(7)(e)(ii) assignment of duties and supervision of all employees of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") ; Section 10(7)(e)(iii) facilitating, co-ordinating and ensuring execution or Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") 's mandate; Section 10(7)(e)(iv) ensuring staff compliance with public ethics and values; and Section 10(7)(e)(v) the performance or such other duties as may be assigned by the law and Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 10(8)(a) inability to perform functions of the office arising out of physical or mental incapacity; Section 10(8)(b) gross misconduct; Section 10(8)(c) bankruptcy; or Section 10(8)(d) incompetence. Section 10(9)(a) informed in writing of the reasons for the intended removal; Section 10(9)(b) given an opportunity to put in a defence against any such allegations, either in person or through an advocate. [ Act No. 9 of 2024 , s. 5.]

Section 10Verify source

§ 10AADMINISTRATION - 10A. Vacancy of office ofsecretaryProvision

Section 10A. Vacancy of office ofsecretary Section dies;

Section 10AVerify source

§ 11ADMINISTRATION - 11. Employees of theCommissionProvision

The Commission may appoint staff and may request secondment of public officers; public officers seconded to the Commission are deemed employees, enjoy the same benefits and must comply with the Constitution, this Act, other election law and Commission directions.

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 Constitution;") under subsection (2)(b) , shall be deemed to be an employee or the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") and shall enjoy the same benefits and shall be required to comply with the Constitution, this Act and any other written law relating to elections and any instruction, orders and directions or the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") in the same manner as an employee recruited directly by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") under this Act. Section 11(5)(a) persons with disabilities; and Section 11(5)(b) regional and other diversity of the people of Kenya.

Section 11Verify source

§ 11AADMINISTRATION - 11A. Relationship between the Commissioners and secretariatProvision

The chairperson and members of the Commission must perform their functions in accordance with the Constitution and are responsible for the Commission's policy, strategy and oversight.

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 11AVerify source

§ 12ADMINISTRATION - 12. Units of theCommissionProvision

The Commission may create internal directorates, offices, units, divisions or committees and appoint employees; those bodies must follow the Commission's approved mandate and written directives from the secretary.

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 12Verify source

§ 13ADMINISTRATION - 13. Legal personality of theCommissionProvision

The Commission has legal personality and may acquire, hold and dispose of property, sue and be sued, and do acts a body corporate may do.

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 13Verify source

§ 14ADMINISTRATION - 14. Seal of theCommissionProvision

The Commission decides the design of its seal; the secretary keeps it; the chairperson and secretary (or other person authorized by the Commission) authenticate its affixing; documents under the Commission's seal are admissible as evidence and deemed executed unless disproved.

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 Boundaries Commission established by Article 88 of the Constitution;") shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 14Verify source

§ 15ADMINISTRATION - 15. Protection from personal liabilityProvision

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 15Verify source

§ 16ADMINISTRATION - 16. Code of conductProvision

Members and employees of the Commission must subscribe to the code of conduct prescribed under the Fourth Schedule.

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 16Verify source

§ 4ADMINISTRATION - 4. Functions of theCommissionProvision

Continuous registration of citizens as voters.

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

Section 4Verify source

§ 5ADMINISTRATION - 5. Composition and appointment of theCommissionCommencement

The Commission must consist of a chairperson and six other members; the replacement process for a chairperson or member must begin at least six months before the end of their term.

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 term of the 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;") of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 5(4) The procedure set out in the First Schedule shall apply, with the necessary modifications, whenever there is a vacancy in the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . [ Act No.36 of 2016 , s. 31.]

Section 5Verify source

§ 6ADMINISTRATION - 6. Qualification for appointments aschairpersonormemberof theCommissionProvision

The chairperson of the Independent Electoral and Boundaries Commission must be qualified to hold the office of judge of the Supreme Court under the Constitution.

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 6Verify source

§ 7ADMINISTRATION - 7. Term of officeProvision

Members of the Independent Electoral and Boundaries Commission are appointed for a single term of six years (not eligible for re-appointment); they must serve full-time; the Commission remains properly constituted despite vacancies.

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 7Verify source

§ 7AADMINISTRATION - 7A. Vacancy in the office ofchairpersonand membersCommencement

The President must publish a notice of any vacancy in the Gazette within seven days of the vacancy occurring.

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 7AVerify source

§ 7BADMINISTRATION - 7B. Absence ofchairpersonProvision

If the chairperson is absent the vice-chairperson must assume and exercise the chairperson's duties; if both chairperson and vice-chairperson are absent, Commission members must elect one of their members to act as chairperson and exercise those duties; section 6(1) does not apply to the vice-chairperson or a member acting as chairperson under this section.

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 Article 250(2) of the Constitution;") . Section 7B(3) The provisions of section 6(1) shall not apply to the vice-chairperson or a member acting as chairperson under this section. [ Act No. 34 of 2017 , s. 3A.]

Section 7BVerify source

§ 8ADMINISTRATION - 8. Conduct and business and affairs of theCommissionProvision

The Commission may regulate its own procedure.

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 8Verify source

§ 9ADMINISTRATION - 9. Oath of officeProvision

The chairperson and members must, before assuming office, make and subscribe to the oath or affirmation prescribed in the Third Schedule.

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 9Verify source

Part III

FINANCIAL PROVISIONS

§ 17FINANCIAL PROVISIONS - 17. Funds of theCommissionProvision

Monies allocated by Parliament for purposes of the Commission.

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 17Verify source

§ 18FINANCIAL PROVISIONS - 18. Independent Electoral and BoundariesCommissionFundProvision

The secretary shall administer and manage the Independent Electoral and Boundaries Commission Fund on behalf of the Commission and subject to public financial management laws.

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 Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") when engaged in the business of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") , and at such rates as may be approved by the Salaries and Remuneration Commission ("the Salaries and Remuneration Commission established under Article 230(1) of the Constitution;") ; Section 18(2)(d) any other operational and other expenses incurred by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") in the performance of its functions. Section 18(3) The secretary ("the secretary to the Commission appointed under Article 250(12) of the Constitution;") shall manage the Fund ("the Independent Electoral and Boundaries Commission Fund established by section;") subject to the provisions of all laws and regulations relating to public financial management.

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Expenses of theCommissionto be a charge on the ConsolidatedFundProvision

The administrative and other expenses of the Commission, including salaries, allowances, gratuities and pensions of its members and employees, shall be charged on the Consolidated Fund.

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 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Remuneration and allowancesProvision

Members of the Commission are to be paid remuneration or allowances as determined by the Salaries and Remuneration Commission.

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 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Annual estimatesCommencement

The secretary must prepare annual estimates of the Commission's revenue and expenditure before each financial year, with the Commission's approval; the Cabinet Secretary responsible for finance must present those approved estimates to the National Assembly for consideration and approval.

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 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Financial year of theCommissionProvision

The Commission's financial year is the twelve-month period ending on 30 June each year.

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 22Verify source

§ 23FINANCIAL PROVISIONS - 23. Accounts and auditProvision

The Commission must keep proper books and records of its income, expenditure and assets; prepare annual statements of income/expenditure and assets/liabilities; accounts must be audited by the Auditor‑General at least once every financial year; the Commission may be exempt from stamp duty upon application to the Cabinet Secretary responsible for finance; and the Commission may establish and pay pensions and gratuities from pension/provident funds.

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;") responsible for finance, to exemption from duty chargeable under the Stamp Duty Act ( Cap. 480 ), in respect of any instrument executed by or on behalf of, or in favour of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") which, but for this section, the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") would be liable to pay. Section 23(5) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") may establish, control, manage, maintain and contribute to pension and provident funds for the benefit of the members and employees of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") and may grant pensions and gratuities from any such fund to the said officers upon their resignation, retirement or separation from the service of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") or, as the case may be, to the dependants of any such officer upon such officer's death.

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Annual reportProvision

The Commission must present and submit an annual report within six months after the end of each financial year and must publish and publicize it; the report must include specified items such as financial statements, registration progress, activities undertaken and other relevant information.

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 2016 , s. 36, Act No. 1 of 2017 , s. 28, Act No. 19 of 2023 , Sch.]

Section 24Verify source

§ 24AFINANCIAL PROVISIONS - 24A. Review of conduct of general electionProvision

After every general election the Independent Electoral and Boundaries Commission must review its operations and make necessary changes; the review must be completed within eighteen months, and the Commission must publish the report in the Gazette and submit it to Parliament.

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 24AVerify source

Part IIIA

DELIMITATION OF ELECTORAL UNITS

§ 24BDELIMITATION OF ELECTORAL UNITS - 24B. Procedure for delimitation of electoral boundariesOffence

The Independent Electoral and Boundaries Commission shall discharge its mandate to delimit constituencies and wards, publish a preliminary report for 30 days inviting public representations, review and submit a revised report to Parliamentary Committees, and prepare and publish a final report in the Gazette; failure by the person responsible to publish the Gazette report as required is an offence punishable by one year imprisonment.

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 and ward to be as nearly as possible, equal to the population quota for the purposes of the each review; Section 24B(2)(d)(iii) is subject to the use of enumerated national census figures. Section 24B(3)(a) the proposed delimitation of boundaries for constituencies and wards; and Section 24B(3)(b) the specific geographical demographical details relating to such delimitation; and Section 24B(4) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall ensure that the preliminary report is made available to the public for a period of thirty days and invite representations from the public on the proposals contained in the report during that period. Section 24B(5) Upon the expiry of the period provided in subsection (4) , the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall, within fourteen days, review the proposed delimitation of boundaries considering the views received and submit the revised preliminary report to the Parliamentary Committee ("the relevant departmental Committee of the National Assembly responsible for matters relating to the Commission") in each House of Parliament. Section 24B(6) The Parliamentary Committee ("the relevant departmental Committee of the National Assembly responsible for matters relating to the Commission") in each House of Parliament shall, within fourteen days of receipt of the revised preliminary report, table the report in the respective House of Parliament together with its recommendations. Section 24B(7) The National Assembly and the Senate shall, within fourteen days of the tabling of the revised preliminary report, consider the report and forward their recommendations to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 24B(8) Within fourteen days of the expiry of the period provided for in subsection (7) , the Commission shall upon receipt and consideration of the recommendations of the National Assembly and the Senate and representations from the public, prepare the final report for publication in the Gazette . Section 24B(9) Where the National Assembly or the Senate fails to make recommendations within the period specified in subsection (7) , the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall publish its report in accordance with sub-section (8) . Section 24B(10) A person who, being responsible for the publication in the Gazette of the final report submitted under this subsection fails to publish the report within the time required by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") after the report has been submitted to that person, commits an offence and is liable to imprisonment for a term of one year. Section 24B(11) Notwithstanding any other written law, where the final report is not published in accordance with the provisions of subsection (9) the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall, within seven days of the submission of the said report, cause the report to be published in at least two dailies of national circulation and such publication shall have effect as if it were done in the Gazette . Section 24B(12) Subject to this section, the provisions set out in the Fifth Schedule shall apply during the process of delimitation of electoral units. [ Act No. 9 of 2024 , s. 7.]

Section 24BVerify source

Part IV

MISCELLANEOUS PROVISIONS

§ 25MISCELLANEOUS PROVISIONS - 25. General principlesProvision

Freedom of citizens to exercise their political rights under Article 38 of the Constitution.

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

Section 25Verify source

§ 26MISCELLANEOUS PROVISIONS - 26. Independence of theCommissionProvision

The Commission shall not be subject to direction or control in performing its functions, and shall observe public participation and consult stakeholders.

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 26Verify source

§ 27MISCELLANEOUS PROVISIONS - 27. Management of informationProvision

The Commission must publish and publicise important information within its mandate affecting the nation; members and employees must sign confidentiality agreements.

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 Boundaries Commission established by Article 88 of the Constitution;") ; Section 27(3)(c) failure of payment of the prescribed fee; or Section 27(3)(d) the applicant fails to satisfy any confidentiality requirements by the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") . Section 27(4) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section. Section 27(5) Every member ("a member of the Commission and includes the chairperson;") and employee of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall sign a confidentiality agreement. Section 27(6) The Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") shall ensure the management of personal data is in accordance with the principles of personal data protection as set out in the Data Protection Act ( Cap. 411C ). [ Act No. 24 of 2019 , 2nd Sch.]

Section 27Verify source

§ 28MISCELLANEOUS PROVISIONS - 28. PublicityProvision

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

Section 28Verify source

§ 29MISCELLANEOUS PROVISIONS - 29. Legal adviceProvision

The Commission may request legal advice from the Attorney-General.

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 29Verify source

§ 30MISCELLANEOUS PROVISIONS - 30. OffencesOffence

Members or employees of the Commission who knowingly subvert elections, obstruct or interfere with the Commission commit an offence punishable by up to three years' imprisonment, a fine of up to one million shillings, or both; a conviction also disqualifies the person from holding public office for ten years.

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 30Verify source

§ 31MISCELLANEOUS PROVISIONS - 31. RegulationsProvision

The Independent Electoral and Boundaries Commission may make regulations to carry out this Act, including on appointments, disciplinary control, termination and procedure, delegation, and other required matters.

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 exercise of its functions under this Act; Section 31(2)(e) deleted by No. 31 of 2016, s. 37 ; Section 31(2)(f) the delegation of the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") 's functions or powers; and Section 31(2)(g) any other matter required under the Constitution this Act or any other written law. Section 31(3) The purpose and objective for making the rules and regulations under subsection (1) is to enable the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") to effectively discharge its mandate under the Constitution and this Act. [ Act No. 36 of 2016 , s. 37.]

Section 31Verify source

Part V

SAVINGS AND TRANSITIONAL PROVISIONS

§ 32SAVINGS AND TRANSITIONAL PROVISIONS - 32. Interpretation of partInterpretation

This Part provides definitions of terms used in the Part, including "Commission", "first Commission", "former Boundaries Commission", "former Constitution", "former Electoral Commission" and "Parliamentary Committee".

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 relating to the Commission ("the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution;") .

Section 32Verify source

§ 33SAVINGS AND TRANSITIONAL PROVISIONS - 33. TransitionCommencement

Section 33 keeps the former Electoral Commission in office and allows certain former officers of the former Electoral and Boundaries Commissions to become officers or be eligible for employment by the new Commission, subject to constitutional provisions, this Act, other law and staff establishment.

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 33Verify source

§ 34SAVINGS AND TRANSITIONAL PROVISIONS - 34. Transfer of assets, etc.Commencement

All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of the Act that were vested in or entered into by the former Electoral Commission or former Boundaries Commission are deemed to have vested in or been entered into by or on behalf of the Independent Electoral and Boundaries Commission; and steps are to be taken to update registers, issue or amend certificates of title, and make necessary endorsements on deeds or documents.

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 certificates or in the appropriate register as may be necessary; and Section 34(2)(c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title, right or obligation concerned.

Section 34Verify source

§ 35SAVINGS AND TRANSITIONAL PROVISIONS - 35.[Deleted byAct No. 1 of 2017, s. 29.]Provision

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

Section 35Verify source

§ 36SAVINGS AND TRANSITIONAL PROVISIONS - 36.[Repealed byAct No. 9 of 2024, s. 8.]Repeal

Section 36 was repealed by Act No. 9 of 2024, s. 8.

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

Section 36Verify source

Legislative relationships

3 referenced instruments

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Commission must subscribe to the code of conduct prescribed under the Fourth Schedule. Section 16. Code
Section 16
Constitution and the provisions of this Act
Section 5

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1 instrument

Sixth Schedule to the Constitution. Section 33(2) A person who immediately before the commencement of this Act
Section 33

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