The Independent Electoral and Boundaries Commission (Amendment) Bill, 2024
Status Timeline
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Public Review
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Debate
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Executive
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Final
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Selection Panel Expanded to Nine Members
The Bill amends the First Schedule to increase the selection panel membership from seven to nine. Nominees will represent a wider range of stakeholders:
- Two nominated by the Parliamentary Service Commission (representing majority and minority parties).
- Three nominated by the Political Parties Liaison Committee.
- One nominated by the Law Society of Kenya.
- One nominated by the Institute of Certified Public Accountants of Kenya.
- Two nominated by the Inter-religious Council of Kenya.
The panel must finalize recruitment within 90 days.
Term of Commission Secretary Reduced
Amending Section 10 of the principal Act, the Bill reduces the tenure of the Commission's secretary (who serves as the chief executive officer). The term is changed from five years to a term of three years, with eligibility for re-appointment for one further term of three years.
New Commissioner Qualification Requirements
The Bill amends Section 6 of the Act to expand the professional qualifications required for appointment as a commissioner. Candidates with proven relevant experience in information and communication technology (ICT) and accounting are now eligible for nomination.
Stricter Meeting Quorums and Voting Rules
Amendments to the Second Schedule adjust the Commission's operations:
- The quorum for meetings is increased to at least five members.
- Unless a unanimous decision is reached, decisions must be made by a majority of all members of the Commission, rather than just those present and voting.
New Framework for Boundary Delimitation
The Bill replaces the Fifth Schedule with a comprehensive procedure for the delimitation of electoral units. It outlines requirements for:
- Notice of intended review and public sensitization.
- Publication of a preliminary report in the Gazette, on the website, and in at least two newspapers of nationwide circulation.
- Public hearings in every county, which must be recorded, translated, and transcribed.
- High Court reviews of boundary decisions, which must be filed within 30 days of Gazette publication and determined within three months.
Bill No.
No. 10 of 2024
Gazette No.
Supplement No. 46
Sponsors
Kimani Ichung'wah, Opiyo Wandayi
Background
The Independent Electoral and Boundaries Commission (Amendment) Bill, 2024 seeks to amend the Independent Electoral and Boundaries Commission Act, 2011 (No. 9 of 2011). The principal objective is to align the Act with various High Court judgments (such as Katiba Institute & 3 Others v. Attorney-General & 2 Others [2018] eKLR) which declared several provisions unconstitutional. It also incorporates recommendations from the national dialogue discourse on electoral justice, multiparty democracy, and institutional efficiency.
Key Amendments
Definitions and Alignments
- Definition of Chairperson: Aligns the definition of "chairperson" in Section 2 by deleting reference to the vice-chairperson or a member discharging the functions of the chairperson when the office is vacant.
- Deletions: Removes obsolete terms such as "first review", "former Boundaries Commission", "former Constitution", and "issues arising".
- Unconstitutional Clauses: Deletes Section 7A(4), (5), and (6) concerning vacancies and recruitment processes which were previously declared unconstitutional.
Commission Administration and Governance
- Qualifications: Adds "information and communication technology" and "accounting" to Section 6(2)(c) as recognized professional fields for commissioner appointments.
- Post-Election Review: Section 12 is amended to mandate that the Commission must conduct a review of its operations after every general election. The review must be completed within one year, published in the Gazette, and submitted to Parliament.
- Commission Quorum: The Second Schedule is amended to increase the meeting quorum to at least five members. Decisions require a majority vote of all members of the Commission unless a unanimous decision is achieved.
New Obligations
Nominating Bodies
- Nominating bodies for the Selection Panel must select nominees through a competitive and transparent process.
- Nominating bodies must ensure that not more than two-thirds of their nominees are of the same gender.
Delimitation of Electoral Units
- The Commission must publicize its preliminary delimitation report on its website and in at least two newspapers of nationwide circulation, inviting public representations.
- The Commission must conduct boundaries review public hearings in every county, ensuring proceedings are recorded, translated, and transcribed.
- State and public officers serving in ministries (specifically Interior and National Administration), the Director of Surveys, and the Director-General of the Kenya National Bureau of Statistics are legally obligated to co-operate and provide technical support to the Commission.
Penalties
- Failure to Disclose Conflict of Interest: Under paragraph 12 of the Second Schedule, any Commission member or attendee who fails to disclose a direct or indirect private interest in a matter before the Commission commits an offence. Upon conviction, they face a fine not exceeding KSh 500,000, imprisonment for up to seven years, or both.
- Failure to Publish Final Boundary Report: Any person responsible for publishing the final delimitation report in the Gazette who fails to do so within the required timeline commits an offence and is liable to imprisonment for a term of one year.
Transitional Provisions
- The Selection Panel in existence immediately before the commencement of this Act shall cease to exist.
- However, any person who served on that previous panel remains eligible to be nominated to the new selection panel established under this Act.
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