LAWS OF KENYA

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION ACT

NO. 9 OF 2011

Revised Edition 2020 [2011]

Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2020] No. 9 of 2011
Independent Electoral and
Boundaries Commission

NO. 9 OF 2011

INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Object and purpose of the Act.
PART II – ADMINISTRATION
4. Functions of the Commission.
5. Composition and appointment of the Commission.
6. Qualifications for appointment as chairperson or member of the Commission.
7. Term of office.
7A. Vacancy in the office of chairperson and members.
7B. Absence of chairperson.
8. Conduct of business and affairs of the Commission.
9. Oath of office.
10. Secretary to Commission.
10A. Vacancy of office of secretary.
11. Employees of the Commission.
11A. Relationship between the Commissioners and Secretariat.
12. Units of the Commission.
13. Legal personality of the Commission.
14. Seal of the Commission.
15. Protection from personal liability.
16. Code of conduct.
PART III – FINANCIAL PROVISIONS
17. Funds of the Commission.
18. Independent Electoral and Boundaries Commission Fund.
19. Expenses of the Commission to be a charge on the Consolidated Fund.
20. Remuneration and allowances.
21. Annual estimates.
22. Financial year of the Commission.
23. Accounts and audit.
24. Annual report.
PART IV – MISCELLANEOUS PROVISIONS
25. General principles.
26. Independence of the Commission.
27. Management of information.
28. Publicity.
29. Legal advice.
30. Offences.
31. Regulations.

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Section
PART V – SAVINGS AND TRANSITIONAL PROVISIONS
32. Interpretation of Part.
33. Transition.
34. Transfer of assets, etc.
35. Deleted.
36. Procedure for delimitation of electoral boundaries.
SCHEDULES
FIRST SCHEDULE — PROCEDURE FOR APPOINTMENT OF
CHAIRPERSON AND MEMBERS OF THE
COMMISSION
SECOND SCHEDULE — PROVISIONS AS TO THE CONDUCT OF
THE BUSINESS AND AFFAIRS OF THE
COMMISSION
THIRD SCHEDULE — OATH OF OFFICE/SOLEMN AFFIRMATION OF
CHAIRPERSON/MEMBER/SECRETARY OF
THE COMMISSION/SELECTION PANEL
FOURTH SCHEDULE — CODE OF CONDUCT FOR MEMBERS AND
EMPLOYEES OF THE COMMISSION
FIFTH SCHEDULE — PROVISIONS RELATING TO THE FIRST
REVIEW

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NO. 9 OF 2011
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT
[Date of assent: 5th July, 2011.]
[Date of commencement: 5th July, 2011.]
An Act of Parliament to make provision for the appointment and effective
operation of the Independent Electoral and Boundaries Commission
established by Article 88 of the Constitution, and for connected purposes
[Act No. 9 of 2011, Act No. 12 of 2012, Act No. 36 of 2016, Act No. 1 of
2017, Act No. 34 of 2017, Act No. 24 of 2019, Act No. 18 of 2020.)

PART 1 — PRELIMINARY
1. Short title
This Act may be cited as the Independent Electoral and Boundaries
Commission Act, 2011.
2. Interpretation
(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 appointed in
accordance with Article 250(2) of the Constitution or the vice-chairperson or a
member of the Commission when discharging the functions of the chairperson;
“Commission” means the Independent Electoral and Boundaries
Commission established by Article 88 of the Constitution;
“first review” means the review conducted by the former Boundaries
Commission taking into account any outstanding work of that Commission and
issues arising from that review;
“former Boundaries Commission” means the Interim Independent
Boundaries Review Commission established under section 41B of the former
Constitution;
“former Constitution” means the Constitution in force immediately before
the 27th of August, 2010;
“Fund” means the Independent Electoral and Boundaries Commission
Fund established by section 18;
“issues arising” means the issues specified in paragraph 1 of the Fifth
Schedule;
“member” means a member of the Commission and includes the
chairperson;
“Parliamentary Committee” means the relevant Departmental Committee
of the National Assembly responsible for matters relating to the Commission;
“principal office” means the headquarters of the Commission;
“Registrar of Persons” means the office in charge of identification,
registration and issuance of identity cards to all Kenyan citizens;

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“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 appointed under Article
250(12) of the Constitution;
“vice-chairperson” means the vice-chairperson of the Commission elected
under Article 250(10) of the Constitution.
(2) Despite subsection (1), until after the first election under the Constitution,
references in this Act to the expression “Cabinet Secretary” shall be construed to
mean “Minister”.
[Act No. 34 of 2017, s. 2.]

3. Object and purpose of the Act

The object and purpose of this Act is to—
(a) provide for the operations, powers, responsibilities and functions of
the Commission to supervise elections and referenda at County and
National government levels;
(b) provide a legal framework for the identification and appointment of the
chairperson, members and the secretary of the Commission pursuant
to Article 88(1), (2) and (3) and 250(2) of the Constitution;
(c) provide for the manner of the exercise of the powers, responsibilities
and functions of the Commission pursuant to Article 88(5) of the
Constitution;
(d) establish mechanisms for the Commission to facilitate consultations
with interested parties pursuant to Article 89(7) of the Constitution;
and
(e) deleted by Act No. 1 of 2017, s. 27.
[Act No. 36 of 2016, s. 29, Act No. 1 of 2017, s. 27.]

PART II – ADMINISTRATION
4. Functions of the Commission
As provided for by Article 88(4) of the Constitution, the Commission is
responsible for conducting or supervising referenda and elections to any elective
body or office established by the Constitution, and any other elections as prescribed
by an Act of Parliament and, in particular, for—
(a) the continuous registration of citizens as voters;
(b) the regular revision of the voters’ roll;
(c) the delimitation of constituencies and wards in accordance with the
Constitution;
(d) the regulation of the process by which parties nominate candidates
for elections;
(e) the settlement of electoral disputes, including disputes relating to or
arising from nominations, but excluding election petitions and disputes
subsequent to the declaration of election results;
(f) the registration of candidates for election;
(g) voter education;

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(h) the facilitation of the observation, monitoring and evaluation of

elections;
(i) the regulation of the amount of money that may be spent by or on
behalf of a candidate or party in respect of any election;
(j) the development and enforcement of a code of conduct for candidates
and parties contesting elections;
(k) the monitoring of compliance with the legislation required by Article
82(1)(b) of the Constitution relating to nomination of candidates by
parties;
(l) deleted by Act No. 36 of 2016, s. 30;
(m) the use of appropriate technology and approaches in the performance
of its functions; and
(n) such other functions as are provided for by the Constitution or any
other written law.
[Act No. 36 of 2016, s. 30.]

5. Composition and appointment of the Commission

(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 this Act.
(2) The chairperson and members of the Commission shall be appointed in
accordance with the procedure set out in the First Schedule.
(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.
[Act No. 36 of 2016, s. 31.]

6. Qualifications for appointment as chairperson or member of the

Commission
(1) 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.
(2) A person is qualified for appointment as a member of the Commission if
such person—
(a) deleted by Act No. 36 of 2016, s. 32;
(b) holds a degree from a recognised university;
(c) has proven relevant experience in any of the following fields—
(i) electoral matters;
(ii) management;
(iii) finance;
(iv) governance;
(v) public administration;
(vi) law; and
(d) meets the requirements of Chapter Six of the Constitution.
[Act No. 36 of 2016, s. 32.]

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7. Term of office
(1) The members of the Commission shall be appointed for a single term of six
years and shall not be eligible for re-appointment.
(2) The members of the Commission shall serve on a full-time basis.
(3) The Commission shall be properly constituted notwithstanding a vacancy
in its membership.
7A. Vacancy in the office of chairperson and members
(1) The office of the chairperson or a member of the Commission shall become
vacant if the holder—
(a) dies;
(b) resigns from office by notice in writing addressed to the President; or
(c) is removed from office under any of the circumstances specified in
Article 251 and Chapter Six of the Constitution.
(2) The President shall publish a notice of a vacancy in the Gazette within seven
days of the occurrence of such vacancy.
(3) Whenever a vacancy arises under subsection (1), the recruitment of a
new chairperson or member, under this Act, shall commence immediately after the
declaration of the vacancy by the President under subsection (2).
(4) Whenever a vacancy occurs in the office of the chairperson, the
vice-chairperson shall act as the chairperson and exercise the powers and
responsibilities of the chairperson until such a time as the chairperson is appointed.
(5) Where the positions of chairperson and vice-chairperson are vacant, a
member elected by members of the Commission shall act as the chairperson and
exercise the powers and responsibilities of the chairperson until such a time as the
chairperson is appointed.
(6) The provisions of section 6(1) shall not apply to the vice-chairperson or a
member acting as chairperson under this section.
[Act No. 36 of 2016, s. 33, Act No. 34 of 2017, s. 3.]

7B. Absence of chairperson

(1) Whenever the chairperson is absent, the vice-chairperson shall assume
the duties of the chairperson and exercise the powers and responsibilities of the
chairperson.
(2) Whenever the chairperson and the vice-chairperson are absent, members
of the Commission shall elect from amongst themselves a member to act as the
chairperson and exercise the powers and responsibilities of the chairperson.
(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.]

8. Conduct of business and affairs of the Commission

The conduct and regulation of the business and affairs of the Commission shall
be as provided for in the Second Schedule but subject thereto, the Commission
may regulate its own procedure.

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9. Oath of office
The chairperson and members shall, before assuming office, take and
subscribe to the oath or affirmation of office prescribed in the Second Schedule.
10. Secretary to the Commission
(1) The Commission shall, through an open, transparent and competitive
recruitment process, appoint a suitably qualified person to be the secretary to the
Commission.
(2) A person shall be qualified for appointment as the secretary if the person—
(a) is a citizen of Kenya;
(b) possesses a degree from a recognised university;
(c) has had at least five years’ proven experience at management level;
(d) has proven relevant experience in either—
(i) electoral matters;
(ii) management;
(iii) finance;
(iv) governance;
(v) public administration;
(vi) law; or
(vii) political science; and
(e) meets the requirements of Chapter Six of the Constitution.
(3) The secretary shall, before assuming office, take and subscribe to the oath
or affirmation of office prescribed in the Third Schedule.
(4) The secretary shall hold office for a term of five years but shall be eligible
for re-appointment for one further term of five years.
(5) Where the Commission does not intend to reappoint the secretary, the
Commission shall notify the secretary and shall cause the vacancy to be advertised
at least three months before the expiry of the incumbent’s term.
(6) The secretary shall, in the performance of the functions and duties of office,
be responsible, answerable and report to the Commission.
(7) The secretary shall be—
(a) the chief executive officer of the Commission;
(b) head of the secretariat;
(c) the accounting officer of the Commission;
(d) custodian of all commission’s records;
(e) responsible for—
(i) executing decisions of the Commission;
(ii) assignment of duties and supervision of all employees of the
Commission;
(iii) facilitating, co-ordinating and ensuring execution of
Commission’s mandate;
(iv) ensuring staff compliance with public ethics and values; and
(v) the performance of such other duties as may be assigned by
the law and Commission.

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(8) The secretary may only be removed from office by the Commission on
grounds of—
(a) inability to perform functions of the office arising out of physical or
mental incapacity;
(b) gross misconduct;
(c) bankruptcy; or
(d) incompetence.
(9) Before removal under subsection (8), the secretary shall be—
(a) informed in writing of the reasons for the intended removal;
(b) given an opportunity to put in a defence against any such allegations,
either in person or through an advocate.
10A. Vacancy of office of secretary
The office of the secretary shall become vacant if the holder—
(a) dies;
(b) resigns from office by notice in writing addressed to the Commission;
or
(c) is removed from office under any of the circumstances set out under
section 10.
[Act No. 36 of 2016, s. 34.]

11. Employees of the Commission

(1) There shall be a secretariat of the Commission which shall be headed by
the secretary.
(2) The secretariat shall comprise of—
(a) such professional, technical and administrative officers and support
staff, as may be appointed by the Commission in the discharge of its
functions under this Act; and
(b) such public officers as may be seconded to the Commission upon its
request.
(3) The employees of the Commission may be appointed, subject to its
approved establishment.
(4) For purposes of this Act, a public officer who is seconded to the Commission
under subsection (2)(b), shall be deemed to be an employee of the Commission
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 of the Commission in the same manner as an
employee recruited directly by the Commission under this Act.
(5) The Commission shall ensure that in the appointment of employees, not
more than two-thirds of the employees of the Commission shall be of the same
gender and that the following are also taken into account—
(a) persons with disabilities; and
(b) regional and other diversity of the people of Kenya.
11A. Relationship between the Commissioners and Secretariat
For the effective performance of the functions of the Commission—

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(a) the chairperson and members of the Commission 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 and oversight; and
(b) the secretariat shall perform the day-to-day administrative functions of
the Commission and implement the policies and strategies formulated
by the Commission.
[Act No. 36 of 2016, s. 35.]

12. Units of the Commission

(1) The Commission may create within itself such directorates, field offices,
units, divisions or committees and appoint thereto such employees as it may
determine.
(2) Every directorate, field office, unit, division or committee created by
the Commission shall act in accordance with the mandate approved by the
Commission and directives given in writing by the secretary.
13. Legal personality of the Commission
(1) The Commission shall be a body corporate with perpetual succession and
a common seal and shall be capable, in its own name, of—
(a) acquiring, holding and disposing of movable and immovable property;
(b) suing and being sued; and
(c) doing or performing all such acts and things as a body corporate may
by law do or perform.
(2) Any legal proceedings for execution of judgments against the Commission
shall be subject to the Government Proceedings Act (Cap. 40).
14. Seal of the Commission
(1) The seal of the Commission shall be such device as may be determined by
the Commission and shall be kept by the secretary.
(2) The affixing of the seal shall be authenticated by the chairperson and
the secretary or any other person authorised in that behalf by a resolution of the
Commission.
(3) Any document purporting to be under the seal of the Commission or issued
on behalf of the Commission 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.
15. Protection from personal liability
Nothing done by a member of the Commission or by any electoral officer shall,
if done in good faith for the purpose of executing the powers, functions or duties of
the Commission under the Constitution or this Act, render such member or officer
personally liable for any action, claim or demand.
16. Code of conduct
Members and the employees of the Commission shall subscribe to the code of
conduct prescribed under the Fourth Schedule.

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PART III – FINANCIAL PROVISIONS

17. Funds of the Commission
The funds of the Commission shall consist of—
(a) monies allocated by Parliament for purposes of the Commission;
(b) any grants, gifts, donations or other endowments given to the
Commission;
(c) such funds as may vest in or accrue to the Commission in the
performance of its functions under this Act or under any other written
law.
18. Independent Electoral and Boundaries Commission Fund
(1) The funds of the Commission shall be held in a fund to be known as
the Independent Electoral and Boundaries Commission Fund which shall be
administered, on behalf of the Commission, by the secretary.
(2) There shall be paid from the Fund—
(a) the salaries, allowances and other remuneration of the employees of
the Commission;
(b) such other remuneration to persons in its service as it may consider
appropriate;
(c) such reasonable travelling and subsistence allowances for the
employees and members of any committee of the Commission when
engaged in the business of the Commission, and at such rates as may
be approved by the Salaries and Remuneration Commission;
(d) any other operational and other expenses incurred by the
Commission in the performance of its functions.
(3) The secretary shall manage the Fund subject to the provisions of all laws
and regulations relating to public financial management.
19. Expenses of the Commission to be a charge on the Consolidated Fund
The administrative and other expenses of the Commission, including the
salaries, allowances, gratuities and pensions of the members and employees of
the Commission shall be a charge on the Consolidated Fund.
20. Remuneration and allowances
(1) Members of the Commission shall be paid such remuneration or allowances
as the Salaries and Remuneration Commission shall determine.
(2) Pending the establishment of the Salaries and Remuneration Commission,
the remuneration and allowances under subsection (1) shall be determined by the
Public Service Commission in consultation with the Treasury.
[Act No. 12 of 2012, Sch.]

21. Annual estimates

(1) Before the commencement of each financial year, the secretary with the
approval of the Commission, shall cause to be prepared estimates of the revenue
and expenditure of the Commission for that year.
(2) The Cabinet Secretary responsible for finance shall present the estimates
approved by the Commission for consideration and approval by the National
Assembly.

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22. Financial year of the Commission

The financial year of the Commission shall be the period of twelve months
ending on the thirtieth June in each year.
23. Accounts and audit
(1) The Commission shall cause to be kept all proper books and records of
account of the income, expenditure and assets of the Commission.
(2) Within a period of three months after the end of each financial year, the
Commission shall submit to the Auditor-General, the accounts of the Commission
together with—
(a) a statement of the income and expenditure of the Commission during
that year; and
(b) a statement of the assets and liabilities of the Commission on the last
day of that year.
(3) All accounts kept under this Act shall be audited by the Auditor-General at
least once in every financial year.
(4) The Commission shall be entitled, upon application to the Cabinet Secretary
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 which, but for this section, the Commission would be liable to
pay.
(5) The Commission may establish, control, manage, maintain and contribute
to pension and provident funds for the benefit of the members and employees of
the Commission 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 or, as the case may be, to the dependants of any such officer upon
such officer’s death.

24. Annual report

(1) Within three months after the end of each financial year, the Commission
shall present its annual report to the President and submit the same to Parliament.
(2) The annual report shall in respect of the year to which it relates, contain—
(a) the financial statements of the Commission;
(b) the activities the Commission has undertaken;
(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; and
(c) any other information, the Commission may consider relevant.
(3) The Commission shall publish and publicize the annual report.
[Act No. 36 of 2016, s. 36, Act No. 1 of 2017, s. 28.]

PART IV – MISCELLANEOUS PROVISIONS

25. General principles
In fulfilling its mandate, the Commission shall, in accordance with the
Constitution, observe the following principles—
(a) freedom of citizens to exercise their political rights under Article 38 of
the Constitution;

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(b) not more than two-thirds of the members of elective public bodies shall
be of the same gender;
(c) fair representation of persons with disabilities and other persons or
groups with special needs;
(d) universal and equal suffrage based on the aspiration for fair
representation and equality of votes;
(e) free and fair elections, which are—
(i) by secret ballot;
(ii) free from violence, intimidation, improper influence or
corruption;
(iii) conducted independently;
(iv) transparent; and
(v) administered in an impartial, neutral, efficient, accurate and
accountable manner;
(f) undertake elections on a regular basis in accordance with the
Constitution;
(g) ethical conduct; and
(h) fairness;
(i) the principles of personal data protection set out in the Data Protection
Act shall apply to the processing of personal data of voters under this
Act.
[Act. No. 24 of 2019, 2nd Sch.]

26. Independence of the Commission

Except as provided in the Constitution, the Commission 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.
27. Management of information
(1) The Commission shall publish and publicise all important information within
its mandate affecting the nation.
(2) A request for information in the public interest by a citizen—
(a) shall be addressed to the secretary or such other person as the
Commission may for that purpose designate and may be subject to
the payment of a reasonable fee in instances where the Commission
incurs an expense in providing the information; and
(b) may be subject to confidentiality requirements of the Commission.
(3) Subject to Article 35 of the Constitution, the Commission may decline to
give information to an applicant where—
(a) the request is unreasonable in the circumstances;
(b) the information requested is at a deliberative stage by the
Commission;
(c) failure of payment of the prescribed fee; or
(d) the applicant fails to satisfy any confidentiality requirements by the
Commission.

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(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.
(5) Every member and employee of the Commission shall sign a confidentiality
agreement.
(6) The Commission 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.
[Act No. 24 of 2019, 2nd Sch.]

28. Publicity
The Commission shall, in such manner as it considers appropriate, publish a
notice for public information specifying—
(a) the location of all its offices; and
(b) its address or addresses, telephone numbers and other means of
communication or contact with the Commission.
29. Legal advice
The Commission may request legal advice from the Attorney-General.
30. Offences
(1) A member or employee of the Commission who knowingly subverts the
process of free and fair elections or who knowingly obstructs the Commission
in the discharge of its functions or otherwise interferes with the functions of
the Commission 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.
(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.

31. Regulations
(1) The Commission may make regulations for the better carrying out of the
provisions of this Act.
(2) Without prejudice to the generality of subsection (1), such regulations may
provide for—
(a) the appointment, including the power to confirm appointments of
persons, to any office in respect of which the Commission is
responsible under this Act;
(b) the disciplinary control of persons holding or acting in any office in
respect of which the Commission is responsible under this Act;
(c) the termination of appointments and the removal of persons from any
office, in respect of which the Commission is responsible under this
Act;
(d) the practice and procedure of the Commission in the exercise of its
functions under this Act;
(e) deleted by Act No. 36 of 2016, s. 37;
(f) the delegation of the Commission’s functions or powers; and
(g) any other matter required under the Constitution, this Act or any other
written law.

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(3) The purpose and objective for making the rules and regulations under
subsection (1) is to enable the Commission to effectively discharge its mandate
under the Constitution and this Act.
[Act No. 36 of 2016, s. 37.]

PART V — SAVINGS AND TRANSITIONAL PROVISIONS

32. Interpretation of Part
In this Act, 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 first appointed under this Act;
“former Boundaries Commission” means the Interim Independent
Boundaries Review Commission established under section 41B of the former
Constitution;
“former Constitution” means the Constitution in force immediately before
the 27th of August, 2010;
“former Electoral Commission” means the Interim Independent Electoral
Commission 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.
33. Transition
(1) The former Electoral Commission shall continue in office in terms of section
28(1) and (2) of the Sixth Schedule to the Constitution.
(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.
(3) A person who served as an officer of the former Boundaries Commission
may be eligible, subject to the staff establishment of the Commission, for
employment by the Commission.
34. Transfer of assets, etc
(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 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 to the same extent as they were enforceable by or
against either of the former Commissions before the commencement of the Act.
(2) Where the transfer of any property transferred to or vested in the
Commission under subsection (1) is required by any written law to be registered,
the Commission shall, within three months from the commencement of this Act or
within such other period as the written law may prescribe, apply to the appropriate
registering authority for the registration of the transfer and thereupon the registering
authority shall, at no cost to the Commission or any person by way of registration
fees, stamp or other duties—
(a) make such entries in the appropriate register as shall give effect to
the transfer;

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(b) where appropriate, issue to the Commission 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
(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.
35. Deleted by Act No. 1 of 2017, s. 29.
36. Procedure for delimitation of electoral boundaries
(1) The Commission shall discharge its mandate of the delimitation of
boundaries of constituencies and wards in accordance with the Constitution, this
Act and any other law.
(2) Subject to the Constitution, matters to be addressed in the delimitation of
electoral boundaries are—
(a) review of the names and boundaries of constituencies;
(b) review of the number, names and boundaries of wards;
(c) re-distribution of wards affected by any changes in the boundaries of
constituencies; and
(d) ensuring that the number of inhabitants in each constituency and ward
is as nearly as possible, equal to the population quota as provided for
by Article 89(5) of the Constitution and that such a process—
(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;
(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;
(iii) is subject to the use of enumerated national census figures.
(3) The Commission shall prepare and publish a preliminary report outlining—
(a) the proposed delimitation of boundaries for constituencies and wards;
and
(b) the specific geographical; and
(c) demographical details relating to such delimitation.
(4) The Commission 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.
(5) Upon the expiry of the period provided in subsection (4), the Commission
shall, within fourteen days, review the proposed delimitation of boundaries
considering the views received and submit the revised preliminary report to the
Parliamentary Committee.
(6) The Parliamentary Committee shall, within fourteen days of receipt of the
revised preliminary report, table the report in the National Assembly together with
its recommendations.

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(7) The National Assembly shall, within fourteen days of the tabling of the
revised preliminary report, consider the report and forward its recommendations
to the Commission.
(8) Within fourteen days of the expiry of the period provided for in subsection (7),
the Commission shall upon receipt and considerations of the National Assembly
and representations from the public, prepare the final report for publication in the
Gazette.
(9) Where the National Assembly fails to make recommendations within the
period specified in subsection (7), the Commission shall publish its report in
accordance with subsection (8).
(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 after the report has been submitted to that person,
commits an offence and is liable to imprisonment for a term of one year.
(11) Notwithstanding any other written law, where the final report is not
published in accordance with the provisions of subsection (9) the Commission
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.
[Act No. 1 of 2017, s. 30.]

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FIRST SCHEDULE
[Section 5, Act No. 12 of 2012, Sch., Act No. 36 of 2016, 38, Act No. 18 of 2020, s.2.]

PROCEDURE FOR APPOINTMENT OF CHAIRPERSON

AND MEMBERS OF THE COMMISSION
1. Selection Panel
(1) At least six months before the lapse of the term of the chairperson or
member of the Commission or within fourteen days of the declaration of a vacancy
in the office of the chairperson or member of the Commission under the Constitution
or this Act, the President shall appoint a selection panel consisting of seven
persons for the purposes of appointment of the chairperson or member of the
Commission.
(2) The selection panel shall consist of —
(a) two men and two women nominated by the Parliamentary Service
Commission;
(b) one person nominated by the Law Society of Kenya; and
(c) two persons nominated by the Inter-religious Council of Kenya.
(2A) A person is qualified for appointment as a member of the selection panel
if such person —
(a) is a citizen of Kenya;
(b) meets the requirements of leadership and integrity set out in Chapter
Six of the Constitution; and
(c) holds a degree from a university recognized in Kenya.
(3) The respective nominating bodies under subparagraph (2)(b) and (c)
shall, within seven days of the declaration of a vacancy in the office of the
chairperson or member of the Commission, submit the names of their nominees
to the Parliamentary Service Commission for transmission to the President for
appointment.
(4) The selection panel shall, at its first sitting, elect a chairperson and vice-
chairperson from amongst its number.
(5) Subject to the provisions of this Schedule, the selection panel shall
determine its own procedure.
(6) The Parliamentary Service Commission shall provide the secretariat
services and facilities required by the selection panel in the performance of its
functions.
[Act No. 18 of 2020, s.2.]

2. Oath or affirmation of office

The chairperson and members of the selection panel shall, before assuming
office, take and subscribe the oath or affirmation of office prescribed in the Third
Schedule.
3. Selection of nominees
(1) The selection panel shall, within seven days of its appointment, invite
applications from qualified persons and publish the names of all applicants and
their qualifications in the Gazette, two newspapers of national circulation and on
the website of the Parliamentary Service Commission.

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(2) The selection panel shall consider the applications, shortlist and interview
the applicants.
(3) The interviews under subparagraph (2) shall be conducted in public.
(4) After conducting interviews under subparagraph (2), the selection panel
shall select two persons qualified to be appointed as chairperson and nine persons
qualified to be appointed as members of the Commission and shall forward the
names to the President for nomination of one person for appointment as the
chairperson and six persons for appointment as members.
(5) The President shall, within seven days of receipt of the names under sub-
paragraph (4), forward the list of nominees to the National Assembly for approval
in accordance with the Public Appointments (Parliamentary Approval) Act.
4. Appointment by the President
The President shall, within seven days of receipt of the names approved by
the National Assembly, by notice in the Gazette, appoint the Chairperson and the
members of the Commission.
5. Gender equity and regional balance
In short listing, nominating or appointing persons as chairperson and members
of the Commission, the selection panel, the National Assembly and the President
shall ensure that not more than two-thirds of the members are of the same gender
and shall ensure regional balance.
6. Dissolution of Selection Panel
The selection panel shall stand dissolved upon the requisite appointments being
made under paragraph 4.

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SECOND SCHEDULE
[Section 8, Act No. 1 of 2017, s. 31, Act No. 34 of 2017, s. 4.]

PROVISIONS AS TO THE CONDUCT OF THE

BUSINESS AND AFFAIRS OF THE COMMISSION
1. The Commission shall meet as often as may be necessary for the carrying out
of its business but it shall meet at least once every calendar month.
2. A meeting of the Commission shall be held on such date and at such time as
the chairperson shall decide.
3. The chairperson shall, on the written application of one-third of the members,
convene a special meeting of the Commission.
4. Unless the majority of the total membership of the Commission otherwise agree,
at least fourteen days’ written notice of every meeting of the Commission shall be
given to every member of the Commission.
5. The quorum for the conduct of business at a meeting of the Commission shall be
at least half of the existing members of the Commission, provided that the quorum
shall not be less than three members.
6. The chairperson shall preside at every meeting of the Commission at which he is
present and in the absence of the chairperson at a meeting, the vice-chairperson,
shall preside and in the absence of both the chairperson and the vice-chairperson,
the members present shall elect one of their number who shall, with respect to
that meeting and the business transacted thereat, have all the powers of the
chairperson.
7. Unless a unanimous decision is reached, a decision on any matter before the
Commission shall be by a majority of the members present and voting.
8. Subject to paragraph 5, no proceedings of the Commission shall be invalid by
reason only of a vacancy among the members thereof.
9. (1) The secretary shall be the secretary at all meetings of the Commission.
(2) The Commission shall, subject to subparagraph (3), establish a committee
for liaison with political parties and may establish committees of its members for
any other purpose.
(3) Deleted by Act No. 1 of 2017, s. 31.
10. The Commission shall cause minutes of all proceedings of meetings of the
Commission to be entered in books for that purpose.
11. Except as provided by this Schedule, the Commission may regulate its own
procedure.
12. (1) If any person is present at a meeting of the Commission or any committee at
which any matter is the subject of consideration and in which matter that person or
that directly or indirectly interested in a private capacity, that person shall as soon
as is practicable after the commencement of the meeting, declare such interest
and shall not, unless the Commission or committee otherwise directs, take part in
any consideration or discussion of, or vote on any question touching such matter.
(2) A disclosure of interest made under subsection (1) shall be recorded in the
minutes of the meeting at which it is made.

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(3) A person who contravenes subsection (1) commits an offence and upon
conviction is liable to a fine not exceeding five hundred thousand shillings or to
imprisonment for a term not exceeding seven years or to both such fine and
imprisonment.
(4) A member or employee of the Commission shall not transact any business
or trade with the Commission.

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THIRD SCHEDULE
[Section 10(3).]

OATH OF OFFICE/SOLEMN AFFIRMATION OF CHAIRPERSON/

MEMBER/SECRETARY OF THE COMMISSION/SELECTION PANEL
I, ..................................................................................................... having been
appointed (the chairperson/member of/secretary to) the Independent Electoral and
Boundaries Commission/Selection Panel do solemnly (swear/declare and affirm)
that I will at all times obey, respect and uphold the Constitution of Kenya and all
other laws of the Republic; that I will faithfully and fully, impartially and to the best of
my ability, discharge the trust and perform the functions and exercise the powers
devolving upon me by virtue of this appointment without fear, favour, bias, affection,
ill-will or prejudice.
(So Help me God).

Sworn/declared by the said ..............................................................

Before me this .......................... day of .............................................

............................................
Chief Justice

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FOURTH SCHEDULE
[Section 16.]

CODE OF CONDUCT FOR MEMBERS

AND EMPLOYEES OF THE COMMISSION
1. Impartiality and independence of members
(1) Every member and employee of the Commission shall impartially and
independently perform the functions of the Commission in good faith and without
fear, favour or prejudice, and without influence from—
(a) any arm of the Government;
(b) any State officer;
(c) any public officer;
(d) any political party;
(e) candidate participating in an election; or
(f) any other person, authority or organisation.
(2) The provisions of subparagraph (1) shall apply without prejudice to
the principle of public participation and requirement for consultation with all
stakeholders.
2. Independence from political or public office
(1) A member or employee of the Commission shall not, during tenure of office
be eligible for—
(a) appointment or nomination to a political office; or
(b) appointment to another public office.
(2) A member of the Commission may not—
(a) whether directly or indirectly, in any manner support or oppose any
party or candidate participating in an election or any side participating
in a referendum, or any of the issues in contention between parties,
candidates or sides;
(b) make private use of or profit from any confidential information gained
as a result of being a member of the Commission; or
(c) divulge any information to any third party, save in the course of official
duty.
3. Disclosure of conflicting interests
(1) If a member or an employee is directly or indirectly interested in any contract,
proposed contract or other matter before the Commission and is present at any
meeting of the Commission at which the contract, proposed contract or other matter
is the subject of consideration, the member or employee shall, at the meeting andas
soon as practicable after the commencement thereof, disclose the fact and shall
not take part in the consideration or discussion of, or vote on, any questions with
respect to the contract or other matter or be counted in the quorum of the meeting
during consideration of the matter.
(2) A member or employee whose personal interest conflicts with their official
duties shall—
(a) in writing, declare the personal interests to their supervisor or other
appropriate person or body and comply with any directions given to
avoid the conflict; and

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(b) refrain from participating in any deliberations with respect to the

matter.
4. Professionalism
A member or employee of the Commission shall—
(a) perform their duties in a manner that maintains public confidence in
the Commission;
(b) treat the public and colleagues with courtesy and respect;
(c) discharge all their duties in a professional, timely and efficient manner
and in line with the rule of law; and
(d) respect the rights and freedom of all persons that he may interact with.
5. Improper enrichment
A member or employee of the Commission shall not—
(a) use their office or organisation to improperly enrich themselves or
others;
(b) accept or request gifts or favours from any person who may have a
commercial interest with the Commission or any other interest that
may be affected by the normal business of the Commission; or
(c) use information that is acquired during the course of their duties or
connected to their duties for their benefit or for the benefit of others.
6. Integrity in private affairs
A member or employee shall conduct their private affairs in a manner that
maintains public confidence in the integrity of their office and the Commission as
a whole and shall—
(a) not evade paying taxes;
(b) not neglect their financial obligations;
(c) submit an annual declaration of their income, assets and liabilities to
the Commission responsible for such declarations from public officers;
(d) not engage in political activity that may compromise or be seen to
compromise the neutrality of their office, or the Commission; and
(e) not preside over or play a central role in the organisation of a
fundraising activity.
7. Sexual harassment
A member or employee shall not sexually harass a member of the public or
colleague. Sexual harassment includes—
(a) making a request or exerting pressure for sexual activity or favours;

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(b) making intentional or careless physical contact that is sexual in nature;

or
(c) making gestures, jokes or comments, including innuendoes regarding
another person’s sexuality.
8. Nepotism
A member or employee shall not practice favouritism on the grounds of tribe,
race, kin, culture, sex or acquaintance or otherwise in performance of their duties.
9. Privileged information and security of interests of the State
A member or employee shall—
(a) not act for foreigners in a manner detrimental to the security interest
of Kenya; and
(b) safeguard privileged information that comes into their possession and
protect it from improper or inadvertent disclosure.
10. Application of the Public Officers Ethics Act
This Code is in addition to the provisions of the Public Officers Ethics Act and
where there is a conflict between the Code and the Act, the provisions of the Act
shall prevail.
11. Breach of code
Any breach of the Code by a member or an officer of the Commission shall be
treated as misbehaviour for a member and misconduct for an officer.

FIFTH SCHEDULE
[Section 36, Act No. 12 of 2012, Sch.]

PROVISIONS RELATING TO THE FIRST REVIEW

1. Resolution of issues arising from the first review
The Commission shall resolve all issues arising from the first review relating
to the delimitation of boundaries of constituencies and wards and publish its final
report within a period of four months of the date of its appointment under this Act.
2. Reference materials
(1) The Commission shall, in addressing the issues arising out of the first review
—
(a) use as its primary reference material the report of the former
Boundaries Commission on the first review as adopted by the National
Assembly; and
(b) use as its secondary reference material the report of the
Parliamentary Committee on the report of the former Boundaries
Commission on the first review.
(2) The issues arising out of the first review are—
(a) re-distribution of such wards or administrative units in the affected
constituencies as may be appropriate;
(b) subject to the Constitution, addressing issues of new constituencies

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(i) take into account the provisions of Article 89 (7)(b) of the

Constitution that requires progressive efforts and not instant
demographic equality of all towards attaining the population
quota in each constituency and ward for the purposes of the
first review;
(ii) not be subject to new definitions of cities, urban areas and
sparsely populated areas or to new population figures;
(iii) be subject to the use of enumerated national census figures
and not projected figures.
(c) addressing the issue of progressively advancing towards the
population quota in protected constituencies in relation to
neighbouring constituencies where appropriate.
3. Delimitation of electoral units
(1) The Commission shall prepare and publish a preliminary report outlining—
(a) the proposed delimitation of boundaries for constituencies and wards;
and
(b) the specific geographical and demographical details relating to such
delimitation.
(2) The Commission shall ensure that the preliminary report is made available
to the public for a period of twenty-one days and invite representations from the
public on the proposals contained in the report during that period.
(3) Upon the expiry of the period provided in subparagraph (2), the Commission
shall, within fourteen days, review the proposed delimitation of boundaries
considering the views received under that subparagraph and submit the revised
preliminary report of proposed boundaries to the Parliamentary Committee.
(4) The Parliamentary Committee shall, within fourteen days of receipt of the
revised preliminary report under subparagraph (3), table the revised preliminary
report to the National Assembly together with its recommendations.
(5) The National Assembly shall, within seven days of the tabling of the revised
preliminary report, consider the revised report and forward its resolutions to the
Commission.
(6) Within fourteen days of the expiry of the period provided for in subparagraph
(5), the Commission shall, taking into account the resolutions of the National
Assembly under subparagraph (5), prepare and submit its final report outlining the
matters set out in subparagraph (1)(a) for publication in the Gazette.
(7) Where the National Assembly fails to make a resolution within the period
specified in subparagraph (5), the Commission shall proceed to publish its report
in accordance with subparagraph (6).
(8) Any person who, being responsible for the publication in the Gazette of the
final report submitted under this paragraph fails to publish the report within the time
required by the Commission after the report has been submitted to that person,
commits an offence and is liable to imprisonment for a term of one year.
(9) Notwithstanding any other written law, where the final report is not published
in accordance with the provisions of subparagraph (6) the Commission shall,

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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.
4. Review of decision of Commission
A person may apply to the High Court for review of a decision of the Commission
made under the Constitution and this Act.
5. Application for review
An application for the review of the decision made under paragraph 4 shall be
made within thirty days of the publication of the decision in the Gazette and shall
be heard and determined within three months of the date on which it is filed.
6. Sensitisation on the proposed boundaries
The Commission shall, upon publication of the boundaries referred to in
paragraph 3 facilitate sensitisation of the public on the boundaries for a period of
thirty days.
7. Maintenance of records
The Commission shall ensure that all documents, materials, publications,
reports and recommendations arising from the delimitation process are maintained
in a form that is accessible and usable by members of the public.

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