The Independent Electoral and Boundaries Commission (Amendment) Bill, 2023
Status Timeline
Proposed
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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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Population Quota Established as Primary Boundary Metric
The Bill defines 'population quota' in line with Article 89(12) of the Constitution and mandates it as the primary consideration for boundary delimitation. It permits variations in quota of not more than 40% for cities and sparsely populated areas and 30% for other areas, requiring the Commission to state reasons and establish criteria for any such variation.
Structured Timelines for Boundary Delimitation Reports
A comprehensive sequence of obligations and timelines is established:
- 30 days for the public to review and submit representations on the Commission's preliminary boundaries report.
- 14 days for the Commission to review feedback and submit the revised report to a Parliamentary Committee.
- 14 days for the Parliamentary Committee to table the report in the National Assembly.
- 14 days for the National Assembly to deliberate and forward recommendations to the Commission.
- 14 days for the Commission to finalize and submit the final report for gazettement.
New Imprisonment Term for Blocking Publication
To prevent administrative delay or refusal to publish finalized boundaries, the Bill introduces a criminal offence. Any person responsible for gazetting the final report who fails to publish it within the timeline requested by the Commission commits an offence and is liable to imprisonment for a term of up to one year.
Alternative Publication in National Dailies
In instances where the official responsible fails to gazette the final boundaries report within the required timeframe, the Bill provides a workaround. It mandates the Commission to publish the final report in at least two daily newspapers of national circulation within 7 days, which will have the same legal effect as publication in the Gazette.
Bill No.
National Assembly Bills No. 50 of 2023
Gazette No.
Supplement No. 141 of 2023
Sponsor
Mwangi Kiunjuri
Background
The Independent Electoral and Boundaries Commission (Amendment) Bill, 2023 seeks to amend the Independent Electoral and Boundaries Commission Act, 2011. The principal object of the Bill is to provide a structured statutory framework for the delimitation of constituencies and wards, ensuring compliance with the principles of equal franchise, fair representation, and the equality of the vote as set out in Article 89 of the Constitution.
Key Amendments
- Section 2 of the Principal Act: Amended to insert the definition of "population quota" as assigned under Article 89(12) of the Constitution.
- Section 3 of the Principal Act: Amended to explicitly add the provision of a framework for the delimiation of constituencies and wards to the objects and purposes of the Act.
- Section 36 of the Principal Act: Fully replaces subsections (2) and (3) with a detailed operational procedure for boundary reviews. It mandates that the Commission take into account the progressive realization of equal representation, utilize the most recent census data, and define explicit criteria for the recommended variations and non-population factors.
New Obligations
For the Independent Electoral and Boundaries Commission (IEBC):
- Must formulate and publish a preliminary report highlighting proposed boundaries, specific geographical and demographical details, and any population quota variations alongside reasons for such variations.
- Must make the preliminary report available to the public for a minimum of 30 days to collect representations.
- Must review public feedback within 14 days and submit a revised preliminary report to the relevant Parliamentary Committee.
- Must prepare and submit the final boundaries report for publication in the Gazette within 14 days of receiving recommendations from the National Assembly.
- If official gazettement fails, the Commission must publish the report in at least two newspapers of national circulation within 7 days.
For Parliament:
- The Parliamentary Committee must table the revised preliminary report in the National Assembly within 14 days of receipt.
- The National Assembly must consider the report and forward its recommendations to the Commission within 14 days of tabling.
For Gazette Publishers:
- The person responsible for printing and publishing the Kenya Gazette is obligated to publish the final report submitted by the Commission within the requested timeframe.
Penalties
- Failure to Publish Final Report (Section 36(10)): Any person responsible for the publication of the final boundaries report in the Gazette who fails to do so within the specified time commits an offence. Upon conviction, the individual is liable to imprisonment for a term not exceeding one year.
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