Iebc preparedness towards the next general elections (presentation to dgdg 17 th jan 2011)1

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IEBC MANDATE – Articles 88 and 89 of the Constitution

c) the continuous registration of citizens as voters;d) the regular revision of the voters’ roll;e) the delimitation of constituencies and wards;f) the regulation of the process by which parties nominate

candidates for elections;g) 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;

h) the registration of candidates for election;i) voter education;

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IEBC MANDATE – Articles 88 and 89 of the Constitution (Cont’d)

c) the facilitation of the observation, monitoring and evaluation of elections;

d) 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;

e) the development of a code of conduct for candidates and parties contesting elections; and

f) the monitoring of compliance with the legislation required by Article 82 (1)(b) relating to nomination of candidates by parties.

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IEBC MANDATE – Section 4 of IEBC Act, 2011Additional Mandate of the Commission –

d) the investigation and prosecution of electoral offences by candidates, political parties or their agents pursuant to Article 157(12) of the Constitution;

e) the use of appropriate technology and approaches in the performance of its functions; and

f) such other functions as are provided for by the Constitution or any other written law.

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PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONSLegal Frameworkc) IEBC Act, 2011.

• Regulations under Section 31 in terms of management and internal operations of the Commission are underway.

• Policies are currently in use.d) Elections Act, 2011.

• Commenced on 2nd Dec 2011. • Draft Regulations under Section 109 ready for stakeholder discussions.• Regulations must be tabled and approved by Parliament at least 6

months before the general elections.• May need amendment if the constitutional Amendment to top up the

gender seats under Articles 97 and 98 are passed.

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PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONSA. Legal Framework …c) Political Parties Act, 2011.• Commenced on 1st Nov 2011. • Draft Regulations under Section 49 ready for stakeholder

discussions.• Process of appointing RPP and 3 Assistant RPP is currently halted

due to contradictions between the substantive provisions of the Act and the Fifth Schedule of the Act regarding the appointment of the Selection Committee

d) Draft Campaign Financing Bill, 2011.• Draft Bill currently undergoing final stakeholder discussions.• Expected to be enacted by end of January or early February

2012.

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PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS

B. Boundaries Delimitation• Article 89 of the Constitution gives IEBC a general

mandate to delimit boundaries of Constituencies and Wards every 8-12 years

d) Fifth Schedule of IEBC Act gives IEBC a limited mandate to resolve issues arising out of the First Review (as concluded by IIBRC)• IEBC studied and analyzed IIBRC and JLA (Justice & Legal

Affairs Parliamentary Committee) Reports and produced a Preliminary Report on 9th Jan 2012

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PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONSBoundaries Delimitation (Cont’d)• Public consultations to run for 21 days from 10th Jan –

30th Jan. Several modes are used -• Written Memoranda –

– Email to [email protected]– Delivered to CEC office

• Oral Submission - during County Public Hearings as per the published schedule

• IEBC to use public feedback and prepare a Revised Report to table before Parliament (within 14 days after 21 days) – by 13th Feb 2012

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mailto:[email protected]


Boundaries Delimitation (Cont’d)• Parliamentary Committee (JLA) to discuss within 14 days –

by 27th Feb 2012 and forward recommendations to Parliament for consideration and approval with or without amendments (within 7 days) – by 5th March 2012

• Parliament to forward resolutions to IEBC for the Commission to incorporate and develop the Final Report for publication and gazettement, within 14 days – by 19th March 2012

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Boundaries Delimitation (Cont’d)• If any person may apply to the High Court if dissatisfied

with the decision of the Commission in the Final Report• Article 260 of the Constitution defines “person” to include

a company, association or other body of persons whether incorporated or unincorporated (Kenyan or not)

• Application for review must be within 30 days of the publication and gazettement of the Final Report – between 20th March 2012 and 18th April 2012

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Boundaries Delimitation (Cont’d)• If any person may apply to the High Court if dissatisfied

with the decision of the Commission in the Final Report• Article 260 of the Constitution defines “person” to include

a company, association or other body of persons whether incorporated or unincorporated (Kenyan or not)

• Application for review must be within 30 days of the publication and gazettement of the Final Report – between 20th March 2012 and 18th April 2012

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Boundaries Delimitation (Cont’d)• The High Court must determine the Application(s) within

30 days of their filing – between 19th April 2012 and 21st May 2012

• 30 days is the period provided by the Fifth Schedule of the IEBC Act. The Constitution however provides 3 months within which the High Court should hear and determine such Applications – if this period is adopted, it will take the process to 21st July 2012.

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C. Mapping and Coding of Electoral Units and Polling Stations• After confirming boundaries of Constituencies and Wards

(County Assembly Wards), IEBC will allocate polling stations and code them accordingly

• Already registered voters may wish to transfer to new polling stations depending on the boundaries

• New voters will get an opportunity to register where they wish

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D. Voter Education• Voter Education will follow to sensitize the public on the

new boundaries (for 30 days)• Voter Education on the new elective seats, registration

process and new requirements to be registered as a voter and qualifications for candidates wishing to contest

• The Commission to partner with Voter Education Providers in carrying out this exercise

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E. Voter Registration• Once the public is sensitized on the new boundaries, fresh

voter registration will start• Voters wishing to transfer, may do so• New voters will be registered• New data may be obtained on already registered voters –

e.g. biometrics

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F. Registration of Kenyans Residing Outside Kenya (Diaspora)• Commission has been holding consultations with relevant

Government agencies (Ministries of Foreign Affairs and Immigration of Persons) and representatives of different Diaspora associations/organizations/forums

• Mechanisms are being put in place to ensure progressive registration of and voting by Kenyans in the Diaspora – Registration to start from Kenyan Embassies abroad

• Qualifications for registration are in the process of being finalized

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PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONSB. Political Parties Nomination & Commission Nomination• Section 13 of the Elections Act - Political parties to hold their

Party Nominations not less than 45 days before the general election

• Sections 16 and 17 of the Act - the Commission to conduct the Commission nomination not less than 21 days before the general election (for parties and independent candidates)

• Political Parties therefore will have 23 days (45-21 days) within which to conduct their Party Nominations

• The Commission is mandated by Article 88(4)(d) to regulate the process by which parties nominate candidates for elections. It has done this through stringent requirements outlined in the Elections Act (and also Political Parties Act); e.g. gender balance requirement, internal party democracy, etc

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H.Prosecution & Investigation of Electoral Offences• The powers of the DPP to prosecute under Article 157

of the Constitution have been delegated to the Commission

• IEBC can now investigate and prosecute electoral offences

• IEBC in the process of putting mechanisms on how to go about this – by gazetting officers as prosecutors or work in liaison with the office of DPP for special election prosecutors

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I. Logistics• IEBC to rollout EVR throughout the country• Vendors of EVR showcased various solutions –

Commission developed specifications thereof and now procurement process has commenced for an international tender on the kits

• IEBC working closely with KebS to review quality of materials to be procured for elections – ink, ballot boxes, etc

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PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONSJ. Support – Financial and Technical• Commission 2011/2012 Budget – app. USD. 134.5m

• In addition – USD. 106m for 27,000 EVR Kits (as initially planned to cover the whole country at one go). This amount will now go down considerably because of the extended time as the Kits will be used in phases. 7,250 EVR Kits will be used instead – app.USD. 35.3m

• Basket Funding – app. USD. 24m (5.6%)• International IDEA – Developing a Monitoring Tool on Early

Warning Signs on Political Violence • IFES – Training in various BRIDGE Modules, Technical Expertise,

e.g. Boundaries Delimitation• ERIS – Training on Dispute Resolution and Arbitration• FES – Funded development of IEBC Voter Education Curriculum

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K. Challenges• If the Grand Coalition is dissolved, the Commission will have

the following challenges – If dissolved before final boundaries are confirmed or before fresh

voter registration is undertaken – the Voter Register will only have the 12.4m Voters, no new voters will be registered, the new boundaries will not take effect and consequently County Assembly Wards will not be

operational Political parties may not be able to meet the requirements outlined in the Elections Act; such as

submitting party membership lists based on the Voters Register (if they do submit, they will not be in compliance with the provisions of the Constitution)

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Challenges (Cont’d) If dissolved after the new boundaries are confirmed but

before fresh voter registration is undertaken, the effect is the same as above

If dissolved after the Commission has already set and announces the election date, the Commission will still have to hold elections within 60 days of such dissolution.

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WAY FORWARD• To consult key stakeholders and set the election date as per the High

Court Ruling• Voter Education Curriculum and Manuals ready• Process of engaging Voter Education Providers underway• Regulations (under Elections, PPA and IEBC Acts) in final stages• Campaign Financing Bill in final stage• To monitor constitutional Amendments on the gender balance under

Articles 97 and 98 – directly affect Elections Act• Procurement of materials and equipment ongoing• Policies on the registration of Kenyans in the Diaspora being finalized• Logistics and timelines being revised to take care of the new dates• Funding – The Commission is currently negotiating for additional funds

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Any Questions ???

Thank You …

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Iebc preparedness towards the next general elections (presentation to dgdg 17 th jan 2011)1

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