Article 88 of the Kenyan Constitution establishes and stipulates the role of the Independent Electoral and Boundaries Commission (IEBC). The role of the Independent Electoral and Boundaries Commission is to conduct or supervise referenda and elections to any elective body or office established by the Constitution, and any other elections as prescribed by an Act of Parliament.
The membership of the Independent Electoral and Boundaries Commission should consist of a chairperson and six other members appointed in accordance with Article 250(4) of the Constitution and the provisions of the Independent Electoral and Boundaries Commission (IEBC) Act.
A person is qualified for appointment as a member of the Commission if such person—
- holds a degree from a recognised university;
- has proven relevant experience in any of the following fields—
- electoral matters;
- public administration;
- law; and
- meets the requirements of Chapter Six of the Constitution.
A person is not eligible for appointment as a member of the Commission if the person—
- has, at any time within the preceding five years, held office, or stood for election as—
- a member of Parliament or of a county assembly; or
- a member of the governing body of a political party; or
- holds any State office.
A member of the Commission should not hold another public office.
The members of the Commission should be appointed for a single term of six years and should not be eligible for re-appointment. The members of the Commission should serve on a full-time basis.
The chairperson and members of the Commission should perform their functions as provided in the Constitution, and the Commission’s secretariat should perform the day to day administrative functions of the Commission.
The process of replacement of a chairperson or a member of the Commission should commence at least six months before the lapse of the term of the chairperson or member of the Commission.
The office of the chairperson or a member of the Commission shall become vacant if the holder—
- resigns from office by notice in writing addressed to the President; or
- is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution.
Article 88(4) of the Kenyan Constitution stipulates the role and functions of the Independent Electoral And Boundaries Commission (IEBC) in Kenya.
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—
- the continuous registration of citizens as voters;
- the regular revision of the voters’ roll;
- the delimitation of constituencies and wards in accordance with the Constitution;
- the regulation of the process by which parties nominate candidates for elections;
- the settlement of electoral disputes, including disputes relating to or arising from nominations, but excluding election petitions and disputes subsequent to the declaration of election results;
- the registration of candidates for election;
- voter education;
- the facilitation of the observation, monitoring and evaluation of elections;
- the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election;
- the development and enforcement of a code of conduct for candidates and parties contesting elections;
- the monitoring of compliance with the legislation required by Article 82(1)(b) of the Constitution relating to the nomination of candidates by parties;
- the use of appropriate technology and approaches in the performance of its functions; and
- such other functions as are provided for by the Constitution or any other written law.
For more about the role of the Independent Electoral and Boundaries Commission, and the Commission in general, see the Independent Electoral and Boundaries Commission Act or visit iebc.or.ke.