Independent Electoral and Boundaries Commission
Kenya
Laws of Kenya, Constitution 2010 (amendments up to 2019), accessed 23 April 2022
88. Independent Electoral and Boundaries Commission
(1) There is established the Independent Electoral and Boundaries Commission. [...]
Kenya, IEBC, Independent Electoral and Boundaries Commission Act No. 9 of 2011 (revised Edition 2020), accessed 23 April 2022
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. […]
Current members, as of April 2022.
Kenya, IEBC, Independent Electoral and Boundaries Commission Act No. 9 of 2011 (revised Edition 2020), accessed 23 April 2022
7. Term of office
(1) The members of the Commission shall be appointed for a single term of 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.
Kenya, IEBC, Independent Electoral and Boundaries Commission Act No. 9 of 2011 (revised Edition 2020), accessed 23 April 2022
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.
FIRST SCHEDULE [Section 5, Act No. 12 of 2012, Sch., Act No. 36 of 2016, 38, Act No. 18 of 2020, s.2.]
PROCEDURE FOR APPOINTMENT OF CHAIRPERSON AND MEMBERS OF THE COMMISSION
1. Selection Panel
(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 seven persons for the purposes of appointment of the chairperson or member of the Commission.
(2) The selection panel shall consist of —
(a) two men and two women nominated by the Parliamentary Service Commission;
(b) one person nominated by the Law Society of Kenya; and
(c) 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
(c) holds a degree from a university recognized in Kenya.
(3) The respective nominating bodies under subparagraph (2)(b) and (c) 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. [Act No. 18 of 2020, s.2.]
2. Oath or affirmation of office
The chairperson and members of the selection panel shall, before assuming
office, take 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.
(5) The President shall, within seven days of receipt of the names under subparagraph (4), forward the list of nominees to the National Assembly for approval in accordance with the Public Appointments (Parliamentary Approval) Act.
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.
Kenya, IEBC, Independent Electoral and Boundaries Commission Act No. 9 of 2011 (revised Edition 2020), accessed 23 April 2022
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.
FIRST SCHEDULE [Section 5, Act No. 12 of 2012, Sch., Act No. 36 of 2016, 38, Act No. 18 of 2020, s.2.]
PROCEDURE FOR APPOINTMENT OF CHAIRPERSON AND MEMBERS OF THE COMMISSION
1. Selection Panel
(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 seven persons for the purposes of appointment of the chairperson or member of the Commission.
(2) The selection panel shall consist of —
(a) two men and two women nominated by the Parliamentary Service Commission;
(b) one person nominated by the Law Society of Kenya; and
(c) 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
(c) holds a degree from a university recognized in Kenya.
(3) The respective nominating bodies under subparagraph (2)(b) and (c) 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. [Act No. 18 of 2020, s.2.]
2. Oath or affirmation of office
The chairperson and members of the selection panel shall, before assuming
office, take 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.
(5) The President shall, within seven days of receipt of the names under subparagraph (4), forward the list of nominees to the National Assembly for approval in accordance with the Public Appointments (Parliamentary Approval) Act.
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.
Kenya, IEBC, Independent Electoral and Boundaries Commission Act No. 9 of 2011 (revised Edition 2020), accessed 23 April 2022
6. Qualifications for appointment 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. 32;
(b) holds a degree from a recognised university;
(c) has proven relevant experience in any of the following fields—
(i) electoral matters;
(ii) management;
(iii) finance;
(iv) governance;
(v) public administration;
(vi) law; and
(d) meets the requirements of Chapter Six of the Constitution. [Act No. 36 of 2016, s. 32.]
FOURTH SCHEDULE [Section 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 organisation.
(2) The provisions of subparagraph (1) shall apply without prejudice to the principle of public participation and requirement for consultation with all
stakeholders.
