Independent Electoral and Boundaries Commission

Independent Electoral and Boundaries Commission
Nairobi123 · Public domain · source
Name	Independent Electoral and Boundaries Commission
Formation	2011
Predecessor	Interim Independent Electoral Commission
Type	Commission
Headquarters	Nairobi
Leader title	Chair
Leader name	Wafula Chebukati

Independent Electoral and Boundaries Commission

The Independent Electoral and Boundaries Commission is a statutory electoral management body established to conduct electoral processes, manage voter registration, and delimit constituencies. It operates within the Republic of Kenya and interfaces with institutions such as the Constitution of Kenya, the High Court of Kenya, the Supreme Court of Kenya, and international observers from European Union missions, Commonwealth of Nations delegations, and the United Nations.

History

The commission was created after the adoption of the Constitution of Kenya (2010) and succeeded earlier bodies like the Electoral Commission of Kenya and the Interim Independent Electoral Commission. Its formation followed political events including the 2007–2008 Kenyan crisis and negotiations that produced the 2008 Power-sharing Agreement. Early commissioners engaged with stakeholders from the Orange Democratic Movement, the Party of National Unity (Kenya), civil society groups such as Kenya Human Rights Commission and the Transparency International Kenyan chapter. Major milestones include administration of the 2013 general election, which was widely observed by missions from the African Union, East African Community, and the International Republican Institute. The commission’s role was tested during the 2017 general election, which led to a landmark judgment by the Supreme Court of Kenya and subsequent repeat polls and reforms. Its trajectory also intersects with reforms prompted by reports from the Wako Commission and debates in the Parliament of Kenya.

Legal Framework and Mandate

The commission’s mandate derives from the Constitution of Kenya (2010) and the Elections Act (Kenya), which define responsibilities including voter registration, candidate nomination, election management, and results transmission. It must act in line with judgments of the High Court of Kenya and the Supreme Court of Kenya, and complies with international commitments like the African Charter on Human and Peoples' Rights as endorsed by the Government of Kenya. The commission is accountable to the Parliament of Kenya through budgetary and oversight mechanisms and subject to audits by the Office of the Auditor-General (Kenya). Legal controversies have involved petitions filed by political figures from parties such as Jubilee Party (Kenya) and the Orange Democratic Movement.

Structure and Organization

The commission is led by a chair and a team of commissioners appointed through a process involving the National Assembly of Kenya and the Judicial Service Commission. Operational divisions include voter registration, electoral operations, research and reforms, legal services, and information technology. Its headquarters are in Nairobi with regional offices aligned to counties like Nakuru County, Kisumu County, and Mombasa County. The secretariat works with county electoral officers, constituency returning officers, and polling station staff drawn from public service registers and temporary recruits during elections. Collaboration extends to institutions such as the Directorate of Criminal Investigations (Kenya) and the Independent Policing Oversight Authority for security during polls.

Electoral Roles and Functions

Key functions include compiling and maintaining the voters’ roll, conducting biometric voter registration, managing the nomination and verification of candidates from parties like Wiper Democratic Movement and Amani National Congress, organizing polling and counting, and declaring results. The commission administers elections for offices created by the constitution including the President of Kenya, Members of Parliament (Kenya), and County Governors of Kenya. It also oversees referendums and by-elections, and issues guidance on campaign financing in consultation with agencies such as the Ethics and Anti-Corruption Commission. For major events, the commission engages international observers from groups like the Commonwealth Observer Group and non-governmental monitors including International Foundation for Electoral Systems.

Boundary Delimitation and Review

One of the commission’s distinctive functions is delimitation of electoral boundaries, informed by the Independent Electoral and Boundaries Commission Act and constitutional criteria on population, community interests, means of communication, and geographic features. Delimitation exercises affect constituencies and wards across counties such as Kiambu County and Kilifi County and require public hearings, mapping using geographic information systems, and consideration of submissions from national bodies like the Kenya National Bureau of Statistics. Delimitation outcomes have implications for representation in the National Assembly of Kenya and the County Assemblies of Kenya and have been the subject of judicial review by courts including the High Court of Kenya.

Controversies and Criticisms

The commission has faced controversies over technology procurement, results transmission, and alleged irregularities, prompting scrutiny from political parties including Azimio la Umoja and Kenya Kwanza coalitions. The 2017 Supreme Court judgment annulled a presidential election result, citing irregularities and unlawfulities in processes administered by the commission, leading to reforms and challenges in subsequent polls. Criticism has also arisen over transparency, staffing decisions, and boundary reviews contested in the High Court of Kenya and debated in the Parliament of Kenya. International actors such as the European Union Election Observation Mission and local civil society organizations have issued reports recommending institutional reforms and capacity strengthening.

Category:Electoral commissions