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 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 10A. Vacancy of office ofsecretary Section dies;

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.

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.

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.

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.

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.

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.

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

Continuous registration of citizens as voters.

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.

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.

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.

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

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.

The Commission may regulate its own procedure.

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

Monies allocated by Parliament for purposes of the Commission.

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.

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.

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

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.

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

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.

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.

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.

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.

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

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

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

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

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

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.

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.

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 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.

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

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