Related documents
- Is amended by 24th Annual Supplement
- Is amended by Data Protection Act
- Is amended by Election Laws (Amendment) Act
- Is amended by Statute Law (Miscellaneous Amendment) Act, 2023

LAWS OF 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. 9 of 2024) on 19 July 2024]
Part 1 – PRELIMINARY
1. Short title
This Act may be cited as the Independent Electoral and Boundaries Commission Act.2. Interpretation
3. Object and purpose of the Act
The object and purpose of this Act is to—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—5. Composition and appointment of the Commission
6. Qualification for appointments as chairperson or member of the Commission
7. Term of office
7A. Vacancy in the office of chairperson and members
7B. Absence of chairperson
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.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
10A. Vacancy of office of secretary
The office of the secretary shall become vacant if the holder—11. Employees of the Commission
11A. Relationship between the Commissioners and secretariat
For the effective performance of the functions of the Commission—12. Units of the Commission
13. Legal personality of the Commission
14. Seal of the Commission
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.Part III – FINANCIAL PROVISIONS
17. Funds of the Commission
The funds of the Commission shall consist of—18. Independent Electoral and Boundaries Commission Fund
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
21. Annual estimates
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
24. Annual report
24A. Review of conduct of general election
Part IIIA – DELIMITATION OF ELECTORAL UNITS
24B. Procedure for delimitation of electoral boundaries
Part IV – MISCELLANEOUS PROVISIONS
25. General principles
In fulfilling its mandate, the Commission shall, in accordance with the Constitution, observe the following principles—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
28. Publicity
The Commission shall, in such manner as it considers appropriate, publish a notice for public information specifying—29. Legal advice
The Commission may request legal advice from the Attorney-General.30. Offences
31. Regulations
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
34. Transfer of assets, etc.
35. [Deleted by Act No. 1 of 2017, s. 29.]
36. [Repealed by Act No. 9 of 2024, s. 8.]
History of this document
19 July 2024 this version
11 December 2023
06 February 2023
31 December 2022
Revised by
24th Annual Supplement
Read this version
13 November 2020
25 November 2019
Amended by
Data Protection Act
Read this version
02 November 2017
30 January 2017
04 October 2016
12 July 2012
05 July 2011
Cited documents 7
Act 7
1. | Government Proceedings Act | 741 citations |
2. | Political Parties Act | 614 citations |
3. | Public Officer Ethics Act | 202 citations |
4. | Stamp Duty Act | 155 citations |
5. | Data Protection Act | 95 citations |
6. | Public Appointments (Parliamentary Approval) Act | 37 citations |
7. | Election Laws (Amendment) Act | 18 citations |
Documents citing this one 362
Gazette 229
Judgment 117
Bench Bulletin 8
Bill 5
Legal Notice 3
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Independent Electoral Boundaries Commission (Staff Car Loan Scheme) Regulations | Legal Notice 159 of 2016 | 14 April 2023 |
The Independent Electoral Boundaries Commission (Staff Mortgage Scheme) Regulations | Legal Notice 160 of 2016 | 31 December 2022 |
The Independent Electoral Boundaries Commission (Fund) Regulations | Legal Notice 74 of 2012 | 31 December 2022 |
The National Assembly Constituencies and County Assembly Wards Order | Legal Notice 14 of 2012 | 31 December 2022 |