Committal Of A Bill - Independent Electoral And Boundaries Commission - Jlahrc

REPUBLIC OF KENYA

PARLIAMENT

NATIONAL ASSEMBLY BILLS

(Bill No. 10 of 2024)

THE INDEPENDENT ELECTORALAND BOUNDARIES COMMISSION (AMENDMENT) BILL, 2024

(A Bill published in the Kenrya Gazette Supplement No: 46 of 2024 and passed by theNationalAssembly,withamendments,onMay2nd,2024)

N.A.B/No.10/2024

THEINDEPENDENTELECTORALANDBOUNDARIES COMMISSION(AMENDMENT)BILL,2024

A Bill for

ANACTofParliament to amend theIndependentElectoral and Boundaries Commission Act and for connected purposes

ENACTED by the Parliament of Kenya, as follows-

1. This Act may be cited as the Independent Electoral and Boundaries Commission (Amendment) Act,2024. and shall come into force upon publication in the Gazette. 2. Section 2 of the Independent Electoral and Boundaries Commission Act (hereinafter referred to as "the principal Act") is amended-- 3. (a) in the definition of the word "chairperson" by deleting the words "or the vice-chairperson or a member of the Commission when discharging the functions of the chairperson" appearing immediately after the word "Constitution; 4. (b) by deleting the definition of the expression "first review"; 5. (c) by deleting the definition of the expression "former Boundaries Commission"; 6. (d) by deleting the definition of the expression "former Constitution"; 7. (e) by deleting the definition of the expression "issues arising"; 8. (f) by inserting the following new definition in proper alphabeticalsequence-

"parliamentary. party" means.apartyor coalition of parties consisting of not less than five percent of the membership of the National Assembly;

3. Section 6 of the principal Act is amended in Amendmentof subsection.(2)(c)by insertingthe\_following.newsubsection 6 of Cap. ZC.

Short title and commencement.

Amendment of section 2 of Cap. 7C.

(vii) information technology;

and communication

(vii) accounting.

4. Section 7A of the principal Act is amended—- 2. (a)by deleting sub-section (4); 3. (b) by deleting sub-section (5); 4. (c) by deleting sub-section (6). 5. Section 10 of the principal Act is amended by deleting sub-section (4) and substituting therefor the following new subsection-

• (4) Thesecretary shall hold office for a term of four years and is eligible for re-appointment for one further term of four years.

7. 6.The principalAct isamended byinserting the following new section immediately after section 24-

Review of conduct of election. general

• 24A.(1) The Commission shall, after everygeneralelection,reviewitsoperations and make the necessary changes required to make its operations more efficient, effective, transparent and accountable.
• (2) The review shall be completed within eighteen months after every general election and the Commission shallpublish the report in the Gazette and submit the report to Parliament.

7. The principal Act is amended by inserting the following new Part immediately after section 24A—

PART IILA-DELIMITATION 'OF ELECTORALUNITS

Procedure for delimitation electoral of boundaries.

24B.(1)The Commission shall dischargeitsmandateof the delimitationof boundaries of constituencies and wards in accordance with theConstitution,thisActand any other law.

Amendment of section 7A. of Cap.7C.

Amendment of section10of Cap. 7C.

Insertion of a new section 24A in Cap. 7C.

Insertion of a IILA in Cap. new PART 7C.

• (2)Subject to the Constitution,matters tobeaddressedinthedelimitationofelectoral boundaries are--
• (a) review of thenamesand boundaries of constituencies;
• (b) review of the number, names and boundaries of wards;
• (c) re-distribution of wards affected by any changes in the boundaries of constituencies; and
• (d) ensuring that the number of inhabitants in each constituency and ward is as nearly as possible, equal to the population quota as provided for by Article89(5)of the Constitutionand thatsucha process---
• (i) allows for variation of margin of not more than the limits provided under Article 89(6)ofthe Constitution in relation to cities, sparsely populated areas and other areas;
• (ii) takes into account the provisions ofArticle 89(7)(b) of the Constitution that provides for the progressive realization of the requirement that:the number'of inhabitants in each constituency and ward to be as nearly as possible, equal to the population quota for the purposes of the each review;

• (ii) is subject to the use of enumeratednationalcensus figures.
• (3) The Commission shall prepare and publish a preliminary report outlining—-
• (a) the proposed delimitation of boundariesfor constituencies andwards;and
• (b) the specific geographical demographical details relating such delimitation; and
• (4) The Commission shall ensure that the preliminary report is made available to the public for a period of thirty days and invite representations from the public on .the proposals contained in the report during that period.
• (5)Upon the expiryof the period provided in subsection (4), the Commission shall, within fourteen days, review the proposed delimitation of boundaries considering the views received and submit the revisedpreliminaryreport totheParliamentary Committee.
• (6)The Parliamentary Committee shall,within fourteendaysofreceiptof the revised preliminary report, table the report in theNationalAssembly togetherwithits recommendations..
• (7)The National Assembly shall, within fourteen days of the tabling of the revised preliminary report, consider the report andforwarditsrecommendationstothe Commission.
• (8) Within fourteen days of the expiry of.the-period.provided-for in subsection.(7),the. Commission shall uponreceipt and considerations-of-the-National-Assembly-andrepresentations from. the public, prepare the final report for publication in the Gazette.

• (9)Where theNational Assemblyfails to make recommendations within the period specified in subsection (7), the Commission shall publish its report in accordance with subsection (8).
• (10)Aperson who,being responsible for thepublication in theGazetteof thefinal reportsubmittedunderthissubsectionfailsto publish the report within the time required by the Commission after the report has been submitted to that person, commits an offence and is liable to imprisonment for a term of one year.
• (11) Notwithstanding any other written law, where the final report is not published in accordance with the provisions of subsection (9) the Commission shall, within seven days of the submission of the said report, cause the report tobepublished in at least twodailies of nationalcirculation andsuchpublicationshall have effect as ifit were done in the Gazette.
• (12) Subject to this section,the provisions set out in the FifthSchedule shall apply during the process of delimitation of electoral units.

8. The principal Act is amended by repealing section 36. 9. The First Schedule to the principal Act is amended---

• (a) in paragraph 1--
• (i) by deleting the word "seven" appearing immediately after the words "consisting of" appearing in'sub-paragraph (1) and substituting therefor the word "nine";
• (ii)by deletingsub-paragraph 1(2) and substituting-thereforthe—following-new sub-paragraph.

"(2) The selection panel shall consist of-—

Repeal of section36 of Cap. 7C. Amendment of the First Schedule to Cap. 7C.

• (a) two persons nominated by the Parliamentary Service Commission, representing the majoritypartyor coalition of parties and the minority party or coalition of parties;
• (b) three persons nominated by the Political Parties Liaison Committee ofwhom-
• (i) one shall be from a party other than a parliamentary party or coalition of parties;
• (ii) one shall be from the majority party or coalition of parties;
• (iii) one shall be from the minority party"or coalition of parties;
• (c) one person nominated by the Law Society of Kenya;
• (d) one person nominated by the Institute of CertifiedPublic Accountants of Kenya; and
• (e)twopersonsnominated by the Inter-religious Council of Kenya."
• (iii) by inserting gthefollowing new subparagraphs immediately after subparagraph (2A)
• "(2B) The'respective nominating bodiesshallselectthenomineesfor . appointment through ·a competitive and transparent process.

(2C) In nominating, the persons under subparagraph-(2)(a);(b) and-(e),-the respective nominatingbodies shall ensurethatnotmore than two-thirds of the nominees are of the same gender."

• (iv) in sub-paragraph (3), by deleting the words "sub-paragraphs '(2)(b) and(c) and substituting therefor the words "subparagraphs (2)(b), (c), (d) and (e)";
• (v)by inserting the following new subparagraph immediately after subparagraph (6)-
• "(7) The Parliamentary Service Commission shall provide for and meet the expenditure of the selection panel."
• (b) by deleting paragraph 6 and substituting therefor the following new paragraph-

"Dissolution of Selection Panel

6. (1) The selection. panel shall finalize the recruitment exercise within ninety days of its appointment and forward the namesof thenominees to thePresident andshall thereafterstanddissolved.

• (2) Despite sub-paragraph (1), Parliament may, by resolution passed in both the National Assembly and the Senate, extend the tenure ofthe selection panel for a specified period."

10. The Second Schedule to the principal Act is amended---- 4. (a) by deleting paragraph 5 and substituting therefor the following new paragraph- 5. "5. The quorum for the conduct of business .at ameeting.of the Commissionshallbeatleastfive members of theCommission" 6. (b)by\_deletingparagraph Z\_and substitutingtherefor thefollowingnewparagraph—-

Amendment of Schedule to Cap. the Second 7C.

• "(7) Unless a unanimous decision is reached, a decision on any matter before the Commission shallbe bythe concurrence of amajority of all the members of the Commission."

11. The principal Act is amended by deleting the Fifth Schedule and substituting therefor the following new Schedule--

FIFTHSCHEDULE (s.24B(12)) PROCEDURESFORTHEDELIMITATIONOF ELECTORAL UNITS

1.Notice of delimitation of electoralunits

• (1)Whenever it is necessary toreview the names and boundariesofelectoralunitsinaccordancewith Article 89(2) and (3) of the Constitution, the Commission shall notify the public of--
• (a) the intended review;
• (b) invite representations from interested parties; and
• ? specify period within which the Commission shall publish the preliminary report.
• (2)A notice under sub-paragraph (1) shall be particulars set out under paragraph 2.

2. Preliminary report

The preliminary report shall contain the following particulars---

• (a) the proposed delimitation of boundaries for constituencies and wards including the actual proposed names: of every constituency and ward; and
• (b) description of the proposed boundaries showing the specific geographical and demographical -details-relating-to such-delimitation-including-
• (i) the population quota for constituencies and-wards;
• (i) the number of inhabitants in every constituency and ward;

Repeal and replacementof the Fifth Schedule to Cap. 7C.

• (iii)a classification in relation toeach electoral areaindicating.whether it is a city, a sparsely populated area or other area;and
• (iv) an indication of the proposed margin of change from the population quota.
• (1) The Commission shall, use as its primary reference material-

3.Reference materials

• (a) the final report of the last Electoral and BoundariesCommissionon thereviewof electoral units; and
• (b) the latest official population census report.
• (2) The Commission may use as its secondary referencematerial-
• (a) the reports of County Boundary Review Panels; or
• (b) other relevant data.
• (3) The County Boundary Review Panels shall conduct their business as the Commission may, by guidelines determine.

4. Ascertainment of the inhabitants of Kenya

• (1) For purposes of determining the population quota, the Commission shall ascertain the number of the inhabitants of Kenya from the figures contained in the latest official national population census report.
• (2) Despite sub-paragraph (1), the Commission shall, subject to the timelines set out underArticle89(2) of the Constitution,conduct thedelimitation exercise after the national population census.
• (3) The Kenya National Bureau of Statistics, shall, as -Soon --as-possible after—the --completion of-every national census, submit a copy of the report in the prescribedformat-to-the Commission.

5. Publicization of the preliminary report

(1) The Commission shall—-

• (a).publicize the preliminary report in its website and in at least two newspapers of nationwide circulation;
• (b) invite the public to make representations on the proposals contained in the report; and
• (c) put in place administrative mechanisms for receiving representations from the public.
• (2) The period set aside for receiving representations from the public on the proposals contained in the report under this paragraph shall be as determined by the Commission.

6.Public sensitization

• (1) The Commission shall, upon notification of the public of the intended delimitation'of boundaries under.paragraph 1 of this Schedule, provide the framework for sensitization and participation of the public.
• (2) The Commission may engage the media, avail equipment and prepare materials for effective public education and engagement.

7. Public hearings

• (1) The Commission shall conduct boundaries review hearings in every county and may constitute constituencies andwardsboundariesreviewpanels in each county for the purposes of facilitating public hearings.
• (2) Before engaging in the county boundaries review hearings, the Commission shall notify the public of date, time and place of such hearings.
• (3) Representations to the Commission may be made orally..or..in..writing..
• (4) The proceedings of all boundary review public hearings shall berecorded, translated and transcribed.

8. Preparation of revised report

• (1) Upon completion of the .public hearings, the Commission shall review the proposed delimitation of boundaries and submit the report to Parliament.
• (2) The revised report shall be based on the feedback received during the public consultative process, subject to the relevant provisions of the law.

9. Preparation and dissemination of maps

• (1) The Commission shall prepare and publish maps in its website——-

2. (a) for all the electoral units in accordance with the final boundary dissemination delimitation report; 3. (b) for the respective constituencies in every county; and 4. (c) for wards in every constituency.

• (2) Despite sub-paragraph (1), the Commission shall providephysical copiesof the maps toParliament.

10.Reviewof thedecisions of the Commission

• (1) Pursuant to Article 89(10) of the Constitution, a person may apply to the High Court for review of a decision of the Commission on the delimitation of electoralboundaries.
• (2) An application for the review under this paragraph shall be made within thirty days of the publication of the decision in the Gazette as required underArticle89(9)of.theConstitution and shallbe heard and determined within three months of the date on which it is filed.

11.Maintenance ofrecords

The Commission shall ensure that all documents, materials, publications, reports"". ""and recommendationsarising. fromthedelimitation process are maintained in a form that is accessible and usablebymembersof thepublic.

12. Duty of certain officers to co-operate with the Commission

It shall be .the duty of every state.officer or public officer serving in the relevant government ministry, department or agency including the ministry for the time being responsible for Interior and National Administration, Director of Surveys, DirectorGeneral of the Kenya National Bureau of Statistics and.every other public officer whose services are required by the Commission for purposes of the delimitationofelectoralunitstoprovidethe necessary information and technical support.

12. Upon the commencement of this Act-—-

• (a)theselectionpanelexistingimmediatelybefore the commencement of this Act. shall stand dissolved but--
• (i) the members of "that panel may be nominated to serve in any subsequent panel; and
• (ii) nothing done by that panel for purposes of executing its functions shall, if done in good faith, render any member of that panel personally liable for any action, claimor demand;
• (b)therespective nominating bodies under paragraph 1(2)(b), (c), (d) and (e) of the First Schedule to the principal Act shall within fourteen days from the date of commencement of this Act submit the names of their nominees to the Parliamentary Service Commission for transmission to the President for appointment to the selection panel under the Act;
• (c) the President shall, within seven days of receipt of the names of the nominees'under paragraph 1(2) of the First Schedule to the principal\_Act. from the Parliamentary Service Commission, appoint a selection panel for the purpose of

Saving and transition.

• appointment of the chairperson and members of the Commission; and
• (d) a person holding the office of the secretary of theIndependentElectoralandBoundaries Commission shall continue in office for the remainder of the unexpired period of their term.

TheIndependentElectoralandBoundaries Commission(Amendment)Bill,2024

I certify that this printed impression is a true copy of theBill passed by the NationalAssemblyon Thursday,2"dMay,2024.

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ClerkoftheNationalAssembly

Endorsed for presentation to the Senate in accordance with the provisions of Standing Order142of theNationalAssembly.

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Speak XtheNationatAssembly