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...
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.
Members and the employees of the Commission shall subscribe to the code of conduct prescribed under the Fourth Schedule.
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...
(1) The funds of the Commission shall be held in a fund to be known asthe 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 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.
(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...
(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...
The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.
(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...
(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...
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; (b) not more than two-thirds of the members of elective public bodies shall be of...
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.