The Independent Electrol and Boundaries Commission Act, 2011 governs the internal and administrative operations of the IEBC.
The external operations and powers of this commission are to be found mainly in the Elections Act.
As copied from kenyalaw.org on Aug. 28, 2016
This Act may be cited as the Independent Electoral and Boundaries Commission Act, 2011.
Object and purpose of the Act
The object and purpose of this Act is to—
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—
Composition and appointment of the Commission
Qualifications for appointment as chairperson or member of the Commission
Term of office
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.
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.
Secretary to the Commission
Employees of the Commission
Units of the Commission
Legal personality of the Commission
Seal of the Commission
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.
Code of conduct
Members and the employees of the Commission shall subscribe to the code of conduct prescribed under the Fourth Schedule.
Funds of the Commission
The funds of the Commission shall consist of—
Independent Electoral and Boundaries Commission Fund
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.
Remuneration and allowances
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.
Accounts and audit
In fulfilling its mandate, the Commission shall, in accordance with the Constitution, observe the following principles—
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.
Management of information
The Commission shall, in such manner as it considers appropriate, publish a notice for public information specifying—
The Commission may request legal advice from the Attorney-General.
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 of August, 2010;
“former Electoral Commission” means the Interim Independent Electoral Commission established under section 41 of the former Constitution;
“Parliamentary Committee” means the relevant departmental Committee of the National Assembly responsible for matters relating to the Commission.
Transfer of assets, etc.
Appointment of the first Commission
Delimitation during first review