Independent Electoral and Boundaries Commission Act

LAWS OF KENYA
THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT
CAP. 7C
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Independent Electoral and Boundaries Commission Act
Cap. 7C
Legislation as at 19 July 2024
By Kenya Law and Laws.Africa. Share widely and freely.
www.kenyalaw.org | [email protected]
FRBR URI: /akn/ke/act/2011/9/eng@2024-07-19
There is no copyright on the legislative content of this document.
This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC-
SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format
for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build
upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following
elements:
• BY: credit must be given to the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Independent Electoral and Boundaries Commission Act (Cap. 7C)
Contents
Part 1 – PRELIMINARY ...................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
3. Object and purpose of the Act ........................................................................................................................................................... 2
Part II – ADMINISTRATION .............................................................................................................................................................................. 2
4.

................................................................................................................................................. 2
4.

Functions of the Commission .............................................................................................................................................................. 2
5. Composition and appointment of the Commission ..................................................................................................................... 3
6. Qualification for appointments as chairperson or member of the Commission ................................................................ 3
7. Term of office ............................................................................................................................................................................................. 4
7A. Vacancy in the office of chairperson and members .................................................................................................................. 4
7B. Absence of chairperson ....................................................................................................................................................................... 4
8.

................................................................................................................................................. 4
8.

Conduct and business and affairs of the Commission ............................................................................................................... 4
9. Oath of office ............................................................................................................................................................................................. 5
10. Secretary to the Commission ............................................................................................................................................................ 5
10A. Vacancy of office of secretary ........................................................................................................................................................ 6
11. Employees of the Commission ......................................................................................................................................................... 6
11A. Relationship between the Commissioners and secretariat .................................................................................................. 7
12.

hip between the Commissioners and secretariat .................................................................................................. 7
12.

Units of the Commission .................................................................................................................................................................... 7
13. Legal personality of the Commission ............................................................................................................................................ 7
14. Seal of the Commission ...................................................................................................................................................................... 7
15. Protection from personal liability ................................................................................................................................................... 7
16. Code of conduct ..................................................................................................................................................................................... 7
Part III – FINANCIAL PROVISIONS ................................................................................................................................................................ 8
17.

................................................................................................................................................ 8
17.

Funds of the Commission ................................................................................................................................................................... 8
18. Independent Electoral and Boundaries Commission Fund .................................................................................................... 8
19. Expenses of the Commission to be a charge on the Consolidated Fund .......................................................................... 8
20. Remuneration and allowances ......................................................................................................................................................... 8
21. Annual estimates ................................................................................................................................................................................... 8
22. Financial year of the Commission ................................................................................................................................................... 9
23.

................................................................................................................................................ 9
23.

Accounts and audit ............................................................................................................................................................................... 9
24. Annual report .......................................................................................................................................................................................... 9
24A. Review of conduct of general election ....................................................................................................................................... 9
Part IIIA – DELIMITATION OF ELECTORAL UNITS ................................................................................................................................ 10
24B. Procedure for delimitation of electoral boundaries ............................................................................................................ 10

r delimitation of electoral boundaries ............................................................................................................ 10

Part IV – MISCELLANEOUS PROVISIONS ................................................................................................................................................. 11
25. General principles ............................................................................................................................................................................... 11
26. Independence of the Commission ................................................................................................................................................ 11
27. Management of information ............................................................................................................................................................ 11
28. Publicity .................................................................................................................................................................................................. 12
29. Legal advice .......................................................................................................................................................................................... 12
30.

............................................................................................................................................... 12
30.

Offences .................................................................................................................................................................................................. 12
31. Regulations ............................................................................................................................................................................................ 12
Part V – SAVINGS AND TRANSITIONAL PROVISIONS .......................................................................................................................... 13
32. Interpretation of part ........................................................................................................................................................................ 13
33. Transition ................................................................................................................................................................................................ 13
34. Transfer of assets, etc. ...................................................................................................................................................................... 13
35.

............................................................................................................................................... 13
35.

[Deleted by Act No. 1 of 2017, s. 29.] ......................................................................................................................................... 14
36. [Repealed by Act No. 9 of 2024, s. 8.] ........................................................................................................................................ 14
FIRST SCHEDULE [s. 5(2)] .............................................................................................................................................................................. 14
SECOND SCHEDULE [s. 8] .............................................................................................................................................................................. 16
THIRD SCHEDULE [s. 9] .................................................................................................................................................................................. 17
FOURTH SCHEDULE [s. 16] ............................................................................................................................................................................ 17
FIFTH SCHEDULE [s.

................................................................................................................................ 17
FIFTH SCHEDULE [s.

24B(12)] ...................................................................................................................................................................... 19

................................................................................................................................................... 19

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION ACT
CAP. 7C
Assented to on 5 July 2011
Commenced on 5 July 2011
[Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
[Amended by Election Laws (Amendment) Act (Act No. 36 of 2016) on 4 October 2016]
[Amended by Election Laws (Amendment) Act, 2017 (Act No. 1 of 2017) on 30 January 2017]
[Amended by Election Laws (Amendment) Act, 2017 (Act No. 34 of 2017) on 2 November 2017]
[Amended by Data Protection Act (Cap. 411C) on 25 November 2019]
[Amended by Independent Electoral and Boundaries Commission
(Amendment) Act, 2020 (Act No. 18 of 2020) on 13 November 2020]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
[Amended by Independent Electoral and Boundaries Commission
(Amendment) Act (Act No. 1 of 2023) on 6 February 2023]
[Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
[Amended by Independent Electoral and Boundaries Commission
(Amendment) Act, 2024 (Act No.

ndment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
[Amended by Independent Electoral and Boundaries Commission
(Amendment) Act, 2024 (Act No.

9 of 2024) on 19 July 2024]
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
Part 1 – PRELIMINARY
1. Short title
This Act may be cited as the Independent Electoral and Boundaries Commission Act. 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;
"Commission" means the Independent Electoral and Boundaries Commission established by
Article 88 of the Constitution;
"first review" deleted by Act No. 9 of 2024, s. 2;
"former Boundaries Commission" deleted by Act No. 9 of 2024, s. 2;
"former Constitution" deleted by Act No. 9 of 2024, s. 2;
"Fund" means the Independent Electoral and Boundaries Commission Fund established by section
18;
"issues arising" deleted by Act No. 9 of 2024, s. 2;
"member" means a member of the Commission and includes the chairperson;
1

ablished by section
18;
"issues arising" deleted by Act No. 9 of 2024, s. 2;
"member" means a member of the Commission and includes the chairperson;
1

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
"Parliamentary Committee" means the relevant Departmental Committee of the National
Assembly and Senate responsible for matters relating to the Commission;
“parliamentary party” means a party or coalition of parties consisting of not less than five percent
of the membership of the National Assembly and Senate;
"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;
"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, Act No. 9 of 2024, s. 2.]
3.

ences in this Act to
the expression "Cabinet Secretary" shall be construed to mean "Minister". [Act No. 34 of 2017, s. 2, Act No. 9 of 2024, 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 refrenda 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 250(2) and 88(1),(2) and (3) of the
Constitution;
(c) provide for the owner or the exercise or the powers, responsibilities and functions of the
Commission pursuant to Article 88(5) of the Constitution; and
(d) establish mechanisms for the Commission to facilitate consulations with interested parties
pursuant to Article 89(7) or the Constitution. (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.

89(7) or the Constitution. (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 constituencics and wards in accordance with the Constitution;
(d) the regulation of the process by which parties nominate candidates for elections;
2

constituencics and wards in accordance with the Constitution;
(d) the regulation of the process by which parties nominate candidates for elections;
2

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(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;
(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 or 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.

mance 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. Qualification for appointments 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.

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 recognized university;
(c) has proven knowledge and at least ten years’ experience in any of the following fields—
(i) electoral matters;
(ii) management;
(iii) finance;
(iv) governance;
(v) public administration;
(vi) law;
3

erience in any of the following fields—
(i) electoral matters;
(ii) management;
(iii) finance;
(iv) governance;
(v) public administration;
(vi) law;
3

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(vii) information and communication technology; and
(viii) accounting. (d) meets the requirements or Chapter Six of the Constitution. [Act No. 36 of 2016, s. 32, Act No. 9 of 2024, s. 3.]
7. Term of office
(1) The members of the Commission shall be appointed for single term or 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.

ter
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) Deleted by [Act No. 9 of 2024, s. 4.]
(5) Deleted by [Act No. 9 of 2024, s. 4.]
(6) Deleted by [Act No. 9 of 2024, s. 4.]
[Act No. 36 of 2016, s. 33, Act No. 34 of 2017, s. 3, Act No. 9 of 2024, s. 4.]
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.

ovisions 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 and business and affairs of the Commission
The conduct and regulation of the business and affairs or the Commission shall be as provided for in the
Second Schedule but subject thereto, the Commission may regulate its own procedure. 4

ss and affairs or the Commission shall be as provided for in the
Second Schedule but subject thereto, the Commission may regulate its own procedure. 4

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
9. Oath of office
The chairperson and members shall, before assuming office, make and subscribe to the oath or affirmation
office prescribed in the Third 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 recognized 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 four years and is eligible for re-appointment for one
further term of four years.

he Third Schedule. (4) The secretary shall hold office for a term of four years and is eligible for re-appointment for one
further term of four 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 or 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 or Commission's mandate;
5

ment of duties and supervision of all employees of the Commission;
(iii) facilitating, co-ordinating and ensuring execution or Commission's mandate;
5

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(iv) ensuring staff compliance with public ethics and values; and
(v) the performance or such other duties as may be assigned by the law and Commission. (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. [Act No. 9 of 2024, s. 5.]
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.

[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 or 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 or this Act, a public officer who is seconded to the Commission under subsection (2)
(b), shall be deemed to be an employee or 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 or 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 or employees, not more than two thirds of
the employees or 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. 6

nder and that the following are also taken
into account—
(a) persons with disabilities; and
(b) regional and other diversity of the people of Kenya. 6

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
11A. 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; 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.

ee 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 authorized 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.

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. 7

demand. 16. Code of conduct
Members and the employees of the Commission shall subscribe to the code of conduct prescribed under
the Fourth Schedule. 7

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
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.

nd 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 be paid remuneration or allowances as the Salaries
and Remuneration Commission shall determine. (2) Spent. [Act No.

the Commission shall be paid such be paid remuneration or allowances as the Salaries
and Remuneration Commission shall determine. (2) Spent. [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. 8

et Secretary responsible for finance shall present the estimates approved by the
Commission for consideration and approval by the National Assembly. 8

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
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 liabiities 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.

pect 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 six 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;
(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;
(b) the activities the Commission has undertaken; 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, Act No. 19 of 2023, Sch.]
24A.

(3) The Commission shall publish and publicize the annual report. [Act No. 36 of 2016, s. 36, Act No. 1 of 2017, s. 28, Act No. 19 of 2023, Sch.]
24A.

Review of conduct of general election
(1) The Commission shall, after every general election, review its operations and make the necessary
changes required to make its operations more efficient, effective, transparent and accountable. (2) The review shall be completed within eighteen months after every general election and the
Commission shall publish the report in the Gazette and submit the report to Parliament. [Act No. 9 of 2024, s. 6.]
9

er every general election and the
Commission shall publish the report in the Gazette and submit the report to Parliament. [Act No. 9 of 2024, s. 6.]
9

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
Part IIIA – DELIMITATION OF ELECTORAL UNITS
24B. 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.

l 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.

rly 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 demographical details relating to such delimitation; and
(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 in each House of Parliament. (6) The Parliamentary Committee in each House of Parliament shall, within fourteen days of receipt of
the revised preliminary report, table the report in the respective House of Parliament together with
its recommendations. (7) The National Assembly and the Senate shall, within fourteen days of the tabling of the revised
preliminary report, consider the report and forward their recommendations to the Commission.

shall, within fourteen days of the tabling of the revised
preliminary report, consider the report and forward their 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 consideration of the recommendations of the National Assembly and the
Senate and representations from the public, prepare the final report for publication in the Gazette. (9) Where the National Assembly or the Senate fails to make recommendations within the period
specified in subsection (7), the Commission shall publish its report in accordance with sub-section
(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
10

ion in the Gazette of the final report submitted
under this subsection fails to publish the report within the time required by the Commission after
10

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
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. (12) Subject to this section, the provisions set out in the Fifth Schedule shall apply during the process of
delimitation of electoral units. [Act No. 9 of 2024, s. 7.]
Part IV – MISCELLANEOUS PROVISIONS
25.

he Fifth Schedule shall apply during the process of
delimitation of electoral units. [Act No. 9 of 2024, s. 7.]
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;
(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;
(h) fairness; and
(i) the principles of personal data protection set out in the Data Protection Act (Cap. 411C) shall apply
to the processing of personal data of voters under this Act. [Act No. 24 of 2019, 2nd Sch.]
26.

out in the Data Protection Act (Cap. 411C) 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. 11

rs. 27. Management of information
(1) The Commission shall publish and publicise all important information within its mandate affecting
the nation. 11

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(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. (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.

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 (Cap. 411C). [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.

ho 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;
12

ppointment, including the power to confirm appointments of persons, to any office in
respect of which the Commission is responsible under this Act;
12

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(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 No. 31 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. (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.

o 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 Part, 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 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.

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. 13

lf 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. 13

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(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;
(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. [Repealed by Act No. 9 of 2024, s. 8.]
FIRST SCHEDULE [s.

to the title, right or obligation concerned. 35. [Deleted by Act No. 1 of 2017, s. 29.]
36. [Repealed by Act No. 9 of 2024, s. 8.]
FIRST SCHEDULE [s.

5(2)]
PROCEDURE FOR APPOINTMENT OF CHAIRPERSON
AND MEMBERS OF THE COMMISSION
[Act No. 12 of 2012, Sch, Act No. 36 of 2016, s. 38, Act No. 18
of 2020, s. 2., Act No. 1 of 2023, s. 2., Act No. 9 of 2024, s. 9.]
1. Declaration of vacancy in the Office of Chairperson or Member of the Commission
(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 nine persons for the purposes of appointment of the chairperson or member of the
Commission.

e President shall appoint a selection panel
consisting of nine persons for the purposes of appointment of the chairperson or member of the
Commission.

(2) The selection panel shall consist of—
(a) two persons nominated by the Parliamentary Service Commission, representing the majority
party or coalition of parties and the minority party or coalition of parties;
(b) three persons nominated by the Political Parties Liaison Committee of whom —
(i) one shall be from a party other than a parliamentary party or coalition of parties;
(ii) one shall be from the majority party or coalition of parties;
(iii) one shall be from the minority party or coalition of parties;
(c) one person nominated by the Law Society of Kenya;
(d) one person nominated by the Institute of Certified Public Accountants of Kenya; and
(e) 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
14

l 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
14

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(c) holds a degree from a university recognized in Kenya. (2B) The respective nominating bodies shall select the nominees for appointment through a competitive
and transparent process. (2C) In nominating, the persons under sub-paragraph (2)(a), (b) and (e), the respective nominating
bodies shall ensure that not more than two-thirds of the nominees are of the same gender. (3) The respective nominating bodies under sub-paragraphs (2)(b), (c), (d) and (e) 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.

amentary Service Commission shall provide the secretariat services and facilities required
by the selection panel in the performance of its functions.

(7) The Parliamentary Service Commission shall provide for and meet the expenditure of the selection
panel. 2. Oath or affirmation of office
The chairperson and members of the selection panel shall, before assuming office, make 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. (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.

d 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 (Cap. 7F). 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
(1) The selection panel shall finalize the recruitment exercise within ninety days of its appointment
and forward the names of the nominees to the President and shall thereafter stand dissolved. 15

uitment exercise within ninety days of its appointment
and forward the names of the nominees to the President and shall thereafter stand dissolved. 15

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(2) Despite sub-paragraph (1), Parliament may, by resolution passed in both the National Assembly and
the Senate, extend the tenure of the selection panel for a specified period. SECOND SCHEDULE [s. 8]
PROVISIONS AS TO THE CONDUCT OF THE
BUSINESS AND AFFAIRS OF THE COMMISSION
[Act No. 1 of 2017, s. 31, Act No. 34 of 2017, s. 4, Act No. 9 of 2024, s. 10.]
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 or 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 five members of
the Commission. 6.

ember of the Commission. 5. The quorum for the conduct of business at a meeting of the Commission shall be at least five members of
the Commission. 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 the meeting and the business transacted there at 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 the
concurrence of a majority of all the members of the Commission. 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. 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.

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 or interest made under subsection (1) shall be recorded in the minutes or the meeting
at which it is made. (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. 16

ars 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. 16

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
THIRD SCHEDULE [s. 9]
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
l 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
FOURTH SCHEDULE [s. 16]
CODE OF CONDUCT FOR MEMBERS AND EMPLOYEES OF THE COMMISSION
1.

..... ........................................... Chief Justice
FOURTH SCHEDULE [s. 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 organization. (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.

n 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
17

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
17

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(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 and as 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 or 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
(b) refrain from participating in any deliberations with respect to the matter. 4.

ody and comply with any directions given to avoid the conflict; and
(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 or all persons that he may interact with. 5. Improper enrichment
A member or employee of the Commission shall not—
(a) use their office or organization 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.

(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 organization of a fundraising activity. 18

e the neutrality of
their office, or the Commission; and
(e) not preside over or play a central role in the organization of a fundraising activity. 18

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
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;
(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 number 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 (Cap. 185B) and where there is a
conflict between the Code and the Act, the provisions of the Act shall prevail. 11.

of the Public Officers Ethics Act (Cap. 185B) 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 [s. 24B(12)]
PROCEDURES FOR THE DELIMITATION OF ELECTORAL UNITS
[Act No. 12 of 2012, Sch., Act No. 9 of 2024, s. 11.]
1. Notice of delimitation of electoral units
(1) Whenever it is necessary to review the names and boundaries of electoral units in accordance with
Article 89(2) and (3) of the Constitution, the Commission shall notify the public of—
(a) the intended review;
(b) invite representations from interested parties; and
(c) specify the period within which the Commission shall publish the preliminary report. (2) A notice under sub-paragraph (1) shall be accompanied by a preliminary report containing the
particulars set out under paragraph 2. 2. Preliminary report
The preliminary report shall contain the following particulars—
(a) the proposed delimitation of boundaries for constituencies and wards including the actual proposed
names of every constituency and ward; and
19

s—
(a) the proposed delimitation of boundaries for constituencies and wards including the actual proposed
names of every constituency and ward; and
19

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
(b) description of the proposed boundaries showing the specific geographical and demographical
details relating to such delimitation including—
(i) the population quota for constituencies and wards;
(ii) the number of inhabitants in every constituency and ward;
(iii) a classification in relation to each electoral area indicating whether it is a city, a sparsely
populated area or other area; and
(iv) an indication of the proposed margin of change from the population quota. 3. Reference materials
(1) The Commission shall, use as its primary reference material—
(a) the final report of the last Electoral and Boundaries Commission on the review of electoral
units; and
(b) the latest official population census report. (2) The Commission may use as its secondary reference material—
(a) the reports of County Boundary Review Panels; or
(b) other relevant data. (3) The County Boundary Review Panels shall conduct their business as the Commission may, by
guidelines determine. 4.

els; or
(b) other relevant data. (3) The County Boundary Review Panels shall conduct their business as the Commission may, by
guidelines determine. 4.

Ascertainment of the inhabitants of Kenya
(1) For purposes of determining the population quota, the Commission shall ascertain the number of
the inhabitants of Kenya from the figures contained in the latest official national population census
report. (2) Despite sub-paragraph (1), the Commission shall, subject to the timelines set out under Article
89(2) of the Constitution, conduct the delimitation exercise after the national population census. (3) The Kenya National Bureau of Statistics, shall, as soon as possible after the completion of every
national census, submit a copy of the report in the prescribed format to the Commission. 5. Publicization of the preliminary report
(1) The Commission shall—
(a) publicize the preliminary report in its website and in at least two newspapers of nationwide
circulation;
(b) invite the public to make representations on the proposals contained in the report; and
(c) put in place administrative mechanisms for receiving representations from the public. (2) The period set aside for receiving representations from the public on the proposals contained in the
report under this paragraph shall be as determined by the Commission. 6.

r receiving representations from the public on the proposals contained in the
report under this paragraph shall be as determined by the Commission. 6.

Public sensitization
(1) The Commission shall, upon notification of the public of the intended delimitation of boundaries
under paragraph 1 of this Schedule, provide the framework for sensitization and participation of the
public. (2) The Commission may engage the media, avail equipment and prepare materials for effective public
education and engagement. 20

pation of the
public. (2) The Commission may engage the media, avail equipment and prepare materials for effective public
education and engagement. 20

Independent Electoral and Boundaries Commission Act (Cap. 7C) Kenya
7. Public hearings
(1) The Commission shall conduct boundaries review hearings in every county and may constitute
constituencies and wards boundaries review panels in each county for the purposes of facilitating
public hearings. (2) Before engaging in the county boundaries review hearings, the Commission shall notify the public
of date, time and place of such hearings. (3) Representations to the Commission may be made orally or in writing. (4) The proceedings of all boundary review public hearings shall be recorded, translated and
transcribed. 8. Preparation of revised report
(1) Upon completion of the public hearings, the Commission shall review the proposed delimitation of
boundaries and submit the report to Parliament. (2) The revised report shall be based on the feedback received during the public consultative process,
subject to the relevant provisions of the law. 9.

) The revised report shall be based on the feedback received during the public consultative process,
subject to the relevant provisions of the law. 9.

Preparation and dissemination of maps
(1) The Commission shall prepare and publish maps in its website—
(a) for all the electoral units in accordance with the final boundary dissemination delimitation
report;
(b) for the respective constituencies in every county; and
(c) for wards in every constituency. (2) Despite sub-paragraph (1), the Commission shall provide physical copies of the maps to Parliament. 10. Review of the decisions of the Commission
(1) Pursuant to Article 89 (10) of the Constitution, a person may apply to the High Court for review of a
decision of the Commission on the delimitation of electoral boundaries. (2) An application for the review under this paragraph shall be made within thirty days of the
publication of the decision in the Gazette as required under Article 89(9) of the Constitution and
shall be heard and determined within three months of the date on which it is filed. 11. 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. 12.

reports and recommendations
arising from the delimitation process are maintained in a form that is accessible and usable by members of
the public. 12.

Duty of certain officers to co-operate with the Commission
It shall be the duty of every state officer or public officer serving in the relevant government ministry,
department or agency including the ministry for the time being responsible for Interior and National
Administration, Director of Surveys, Director-General of the Kenya National Bureau of Statistics and every
other public officer whose services are required by the Commission for purposes of the delimitation of
electoral units to provide the necessary information and technical support. 21