(1) Any property seized by a person authorised by a warrant under section 89 may be detained— (a) until the end of the period of six months from the date of the seizure; or (b) if proceedings in respect of an offence involving that property are instituted within that period, until the conclusion...
(1) No information with respect to any particular business which— (a) has been obtained under or by virtue of the provisions of this Act; and (b) relates to the private affairs of any individual or to any particular business, shall, during the lifetime of that individual or so long as that...
(1) Subject to subsection (7), any person who establishes or operates, under any written law or otherwise, any undertaking for the supply of electricity (in this section referred to as “the undertaker”) or any person who constructs, equips or operates a railway by means of electricity (in this...
Where any person erects any building or structure which is likely to cause interference with the telecommunication, or radio communication or postal services, the telecommunication operator or, as the case may be, the public postal licensee may, unless such person has previously obtained the...
(1) Where any offence under this Act has been committed by a company or body corporate, every person who at the time of the commission of the offence was a director, general manager, company secretary or other similar officer of such company or body corporate, or was purporting to act in any such...
(1) Where any employee of the Commission dies or leaves property of the service of the Commission and at the time of such death or termination of service any premises of the Commission were occupied by him or any property of the Commission was in his possession, it shall be the duty of such employee...
Where any action or other legal proceeding is commenced against the Commission for any act done in pursuance or execution, or intended execution of this Act or of any public duty or authority, or in respect of any alleged neglect or default in the execution of this Act or of any such duty or...
Notwithstanding anything to the contrary in any law— (a) where any judgement or order has been obtained against the Commission no execution or attachment, or process in the nature thereof, shall be issued against the Commission or against any property of the Commission, but the Director-General...
Any notice or other document required or authorised under this Act to be served on the Commission may be served— (a) by delivering of the notice or other document to the Director-General or to any other authorised employee of the Commission; or (b) by leaving it at the office of the...
Any notice or other document required or authorised under this Act to be served on any person by the Commission or the Director-General or any employee may be served— (a) by delivering it to that person; or (b) by leaving it at the usual or last known place of abode of that person; or (c) by...
(1) There shall be established an Appeals Tribunal for the purpose of arbitrating in cases where disputes arise between the parties under this Act which shall consist of— (a) a chairman who shall be a person who holds or has held a judicial office in Kenya or who is an advocate of not less than...
(1) The Kenya Posts and Telecommunication Corporation Act (Cap. 411) is repealed. (2) The provisions of the Third Schedule shall, upon the repeal of the Kenya Posts and Telecommunication Corporation Act, have effect with respect to the transfer of the functions, assets and liabilities of the...
This Act may be cited as the Independent Electoral and Boundaries Commission Act, 2011.
(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...
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,...
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...
(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 inaccordance with the procedure set out in the First...
(1) The chairperson of the Commission shall be a person who is qualified tohold the office of judge of the Supreme Court under the Constitution. (2) A person is qualified for appointment as a member of the Commission ifsuch person— (a) deleted by Act No. 36 of 2016, s. 32; (b) holds a degree from...
(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.
(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...
(1) Whenever the chairperson is absent, the vice-chairperson shall assumethe duties of the chairperson and exercise the powers and responsibilities of the chairperson. (2) Whenever the chairperson and the vice-chairperson are absent, membersof the Commission shall elect from amongst themselves a...
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.
The chairperson and members shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Second Schedule.
(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...
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.
(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;...
For the effective performance of the functions of the Commission— (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;...
(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...
(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...
(1) The seal of the Commission shall be such device as may be determined bythe 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...