Independent Electoral And Boundaries Commission Act No 9 Of 2011 in Kenya

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39 sections

• Section 2 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 3 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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,...

  
  
• Section 4 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 5 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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 inaccordance with the procedure set out in the First...

  
  
• Section 6 of Independent Electoral and Boundaries Commission Act No 9 of 2011: Qualifications for appointment as chairperson or member of the Commission
  

  (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...

  
  
• Section 7 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 7A of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 7B of Independent Electoral and Boundaries Commission Act No 9 of 2011: Absence of chairperson
  

  (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...

  
  
• Section 8 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 9 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 10 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 10A of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 11 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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;...

  
  
• Section 11A of Independent Electoral and Boundaries Commission Act No 9 of 2011: Relationship between the Commissioners and Secretariat
  

  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;...

  
  
• Section 12 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 13 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 14 of Independent Electoral and Boundaries Commission Act No 9 of 2011: Seal of the Commission
  

  (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...

  
  
• Section 15 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 16 of Independent Electoral and Boundaries Commission Act No 9 of 2011: Code of conduct
  

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

  
  
• Section 17 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 18 of Independent Electoral and Boundaries Commission Act No 9 of 2011: Independent Electoral and Boundaries Commission Fund
  

  (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...

  
  
• Section 19 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 20 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 21 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 22 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 23 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 24 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...

  
  
• Section 25 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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; (b) not more than two-thirds of the members of elective public bodies shall be of...

  
  
• Section 26 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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.

  
  
• Section 27 of Independent Electoral and Boundaries Commission Act No 9 of 2011: 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...