1
INDEPENDENT ELECTORAL
& BOUNDARIES COMMISSION
(IEBC)
BRIEF TO PS TREASURY ON:
IEBC PREPARATIONS TOWARDS THE GENERAL
.
ELECTIONS
PRESENTED BY AHMED ISSACK HASSAN, EBS
IEBC CHAIRPERSON
18th JULY 2012
18/JULY/2012
ORDER OF PRESENTATION
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A.
B.
C.
D.
E.
F.
Introduction
Thematic Areas/Constitutional Mandate
Challenges
Funding of Elections
The Gaps
Conclusion
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A. INTRODUCTION:
IEBC MANDATE, Articles 88 and 89 of the Constitution IEBC
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a)
b)
c)
d)
e)
f)
g)
the continuous registration of citizens as voters;
the regular revision of the voters’ roll;
the delimitation of constituencies and wards;
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;
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IEBC MANDATE (Cont’d)
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h)
i)
j)
k)
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 of a code of conduct for candidates
and parties contesting elections; and
the monitoring of compliance with the legislation
required by Article 82 (1)(b) relating to nomination of
candidates by parties.
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Additional Mandate, Section 4 of IEBC Act, 2011
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a)
b)
c)
the investigation and prosecution of electoral
offences by candidates, political parties or their
agents pursuant to Article 157(12) of the
Constitution;
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.
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B. THEMATIC AREAS:
1. DELIMITATION OF ELECTORAL UNITS – Article 89
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



The Commission gazetted Final Report of Boundaries of
Constituencies and County Assembly Wards on 7th March
2012
132 Constitutional Petitions and Judicial Review
Applications were filed at the High Court
The Petitions and Applications are to be heard and
determined within 3 months (final determination), i.e. 7th
July 2012
Unless the court rules otherwise, the Boundaries specified
in the Final Report will be the new boundaries for
Constituencies and County Assembly Wards
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1. DELIMITATION OF ELECTORAL UNITS – Article 89 (Cont’d)
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
Fifth Schedule of IEBC Act, 2011 guided the completion of the
“First Review”



The Fifth Schedule lapsed upon the gazettement of the Final Report by
the Commission (7th March 2012), while the process under Article 89 of
the Constitution guides subsequent reviews.
The Court will therefore need to give specific orders to the Commission
on the way forward
Implementation of Court Orders - The court orders may include
correction of glaring errors – Where IEBC will be required to
publish a corrigendum to the Legal Notice on the Final Report
to correct such errors
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2. REGULAR REVISION OF THE VOTERS ROLL, REGISTRATION OF
CANDIDATES FOR ELECTION – Article 88
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
After the final boundaries have been determined by
the court, the Commission will undertake the following
–
Mapping of existing polling stations
 Reconfiguration of new polling stations within the final
electoral areas
 Coding of new polling stations
 Fresh voter registration. Subsequently, there will be regular
revision of the Roll

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2. REGULAR REVISION OF THE VOTERS ROLL, REGISTRATION OF
CANDIDATES FOR ELECTION – Article 88 (Cont’)
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
Fresh Voter Registration to commence in Aug 2012
Policy to rollout Biometrics Voter Registration countrywide
 9750 Kits to be procured
 Procurement Process almost complete
 The 12.4 million voters registered for the constitutional
referendum will be required to re-register afresh within the
new electoral units and using biometrics features

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3. REGULATION OF THE PROCESS BY WHICH PARTIES NOMINATE
CANDIDATES FOR ELECTIONS – Article 88
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
Legal Framework for the Regulation of nomination
process
Political Parties Act, 2011 –



Code of Conduct for Political Parties (First Schedule of PPA)
Constitutions of Political Parties (Second Schedule provides a template
of the content)
Parties that do not promote free and fair nomination process of
candidates or do not adhere to laws relating to this process risk
deregistration
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3. REGULATION OF THE PROCESS BY WHICH PARTIES NOMINATE
CANDIDATES FOR ELECTIONS – Article 88 (Cont’d)
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
Elections Act, 2011 –





Provides that political parties shall nominate their candidates
according to the party’s nomination rules (as submitted to the RPP)
Guides the time limit within which party nominations are to be done;
at least 45 days before elections
The party nomination process is to be guided by rules that parties are
to submit at least 6 months before their party nominations
Provides minimum qualifications for nomination of candidates;
educational, leadership & integrity, etc
Party Lists – provides the manner of nominating and allocating special
seats (women, youth, PWDs, workers, minorities, marginalized)
Electoral Code of Conduct – has the force of law
 Regulations under both Acts

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4. SETTLEMENT OF ELECTORAL DISPUTES – Article 88
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
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
 Institutional Mechanisms Political Parties Dispute Resolution Tribunal
 Electoral Code of Conduct Enforcement & Compliance Committee
– to monitor and enforce compliance with the Electoral Code of
Conduct
 Dispute Resolution Committee
 Political Parties Liaison Committees – National and County
 Conflict Management Panels – Constituencies
 Peace Committees – Constituencies
 Investigation & Prosecution Unit – setting up7/31/2017
ongoing

4. SETTLEMENT OF ELECTORAL DISPUTES – Article 88 (Cont’d)
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
Regulatory Framework
Legislative Framework; Constitution, Elections Act, Political
Parties Act, Electoral Code of Conduct, Regulations under
both Acts
 Administrative mechanisms –

Early Warning Tool on impending conflict/violence
 Conflict management panel during nomination process
 Structured engagements with key stakeholders to address issues of
concern

Guidelines
IEBC works closely with key stakeholders (state & non-state) on
dispute resolution mechanisms

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IEBC
5. CIVIC/VOTER EDUCATION – Article 88
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
Voter education framework in the country –


Voter Education Curriculum/Manuals/Handbook – this will
guarantee uniform messaging, quality of voter education and
voter-friendly content with illustrative guide
Voter Education Providers –

Engagement of CBOs/FBOs and organizations/firms that
work in civic/voter education:
Selection is based on an objective criterion
 Recruitment from every constituency
 Process almost complete – Accreditation of voter education
providers

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IEBC
5. CIVIC/VOTER EDUCATION – Article 88 (Cont’d)
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


Commission working closely with other agencies, both state and
non-state actors –
 KNICE, Uraia, Amkeni, etc
Adopting a multi-pronged approach –
 Media - radio, TV, social network
 Face-to-face interactions through IEBC officials and/or voter
educators
 Tapping into school system – KIE, KSHS
Bi-monthly national stakeholder engagements with civil society
organizations, media, political parties, etc
 To cascade to constituencies
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6. FACILITATION OF THE OBSERVATION, MONITORING
AND EVALUATION OF ELECTIONS – Article 88
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
Election Observation
 Guidelines on Election Observation (domestic & foreign
observers)
 Procedures for Accreditation of Observations – short &
long-term observers
 Working closely with domestic observer groups – ELOG
 Training of Observers (starting with long-term observers) –
advert to apply for long-term observers (in the papers
today)
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6. FACILITATION OF THE OBSERVATION, MONITORING
AND EVALUATION OF ELECTIONS – Article 88 (Cont’d)
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
Election Monitoring & Evaluation


Monitored and evaluated of all by-elections and the constitutional
referendum – Reports inform subsequent Commission processes
Researches conducted to support the election processes 





Research on voter education needs – inform voter education strategies
Automation of electoral process – enhance efficiency of processes
Diaspora registration and voting – data informs Commission policies and
decisions
Regular monitoring & evolution of IEBC Strategic Plan – calls for review of
strategies based on dynamics and changing circumstances
Special voting – pastoralists, women in difficult circumstances, PWDs, sick,
prisoners
Advance Voting – election officials
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7. REGUATION OF CAMPAIGN FINANCES – Article 88
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
Draft Election Campaign Financing Bill, 2012




Developed through a consultative process with all key stakeholders in
elections
Aimed at regulating sources of campaign funds contributed to
candidates and political parties, set limits to these contributions to
create a level-playing field and provides for accountability in
expenditure through disclosure requirements and reporting to the
Commission. Sanctions include fines and barring candidates/parties
from contesting
Bill forwarded to State Law Office for onward transmission to CIC
and thereafter, to the Cabinet for publication
The IEBC to publish a Gazette Notice with the spending limits once
the law is enacted (through a consultative process)
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8. MONITORING COMPLIANCE OF CODE OF CONDUCT –
Article 88
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
In addition to the Constitution and the Elections and Political
Parties Acts, the Electoral Codes of Conduct under both Acts
have the force of law –



IEBC has set up an Electoral Code of Conduct Enforcement
Committee
Continuous monitoring by Commission through RECs, CECs and other
agencies partnering with the Commission
Structured engagements through PPLCs to enhance compliance with
the law (national and county levels)
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9. INVESTIGATION & PROSECUTION OF OFFENCES –
S. 4, IEBC Act, 2011
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
Investigation & Prosecution Unit –
Recruitment of Investigators & Prosecutors
 Training of Investigators & Prosecutors
 Working closely with DPP and other relevant agencies in
investigations and prosecutions of electoral offences

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10. USE OF ICT AND APPROPRIATE TECHNOLOGIES IN ELECTIONS –
S. 4, IEBC Act, 2011
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


Voter Registration – biometrics voter registration
 Electronic Poll Book – for electronic identification of voters during
voting
Administrative Functions and Other Operations –
 ERP – Enterprise Resource Planning System (Recruitment,
Procurement, Warehousing, Fleet Management, etc)
 Website & social media - voter education
LAN/WAN 

networking regional offices to the Head Quarters (advert in the papers
today)
Mapping of Results on Digital Maps –
 system under development
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10. USE OF ICT AND APPROPRIATE TECHNOLOGIES IN ELECTIONS –
S. 4, IEBC Act, 2011 (Cont’d)
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
Electronic Transmission of Results







From County Assembly Ward, Constituency and Counties to National
Tallying Centre
Counting and Declaration to follow predetermined sequence
Key stakeholders will be involved in testing the results transmission
system and their feedback will be considered before rolling out the
system
Signal feed to media houses to relay results as they become available
Results will be displayed publicly at constituency, county and national
tallying centres
Electronic transmission system will give regular updates on voter turn out
Provisional results will also be posted on the Commission website
(www.iebc.or.ke) in real time
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C. CHALLENGES OF IEBC IN IMPLEMENTING MANDATE
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





High public expectations – ECK, IIEC, IEBC to raise the bar
higher
Time constraints – Timely conclusion of boundaries cases
which should inform voter registration and mapping of
polling stations
Low public awareness on the new constitutional dispensation
Gaps in the Constitution and legislative framework – twothird gender threshold, pending Statutory Law
(Miscellaneous Amendments) Bill, 2012
Insecurity threats; on voters, election officials and materials
(MRC, Al-Shabaab, etc)
Low political will by political leaders
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C. CHALLENGES (Cont’d)
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IEBC

Political impunity – e.g. voter bribery, intimidation
Dealing with the effects of ‘party hopping’ and how to effect the
‘deeming’ provision

Vetting –





Vetting and clearance of potential candidates – Leadership & Integrity
Bill, 2012
Vetting of supporters to all 6 elective positions – overwhelming numbers
(supporters of party candidates and supporters of independent
candidates)
Liaison between the Commission and the Office of the RPP being
an independent state office under the Political Parties Act
Resource constraints; human and financial
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D. THE GAPS
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
Legal Framework





Attainment of the two-third gender threshold in elective positions
(nomination process may take care of the quota in the nominative positions)
No clear mechanisms to address disputes arising between the 2nd & 3rd
presidential candidates in the first round, time period too short (run-off to
be held within 30 days of the first round)
Enactment of Election Campaign Financing Bill, 2012 to regulation of
campaign expenditures by candidates and parties
No clear mechanisms on how to operationalize the ‘deeming’ provision with
regard to party hopping and who bears this responsibility
Addressing proposals in the State Law (Miscellaneous Amendment) Bill,
2012 related to the Commission mandate
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E. THE GAPS (Cont’d)
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

Financial Resource Gap



Subsidiary legislation –
 Regulations on the Acts awaiting stakeholder consultations
 Stakeholder Consultative meeting planned for the week of 18th June
2012
Reduction of budget from Kes 25b to 17.5b (Deficit of Kes 7.8b)
Heavy budget cuts in key processes
Technical Expertise & Capacity Building




Training of Investigators & Prosecutors
Training of Peace Committees
Training of Political Parties, candidates, observers (long-term)
Managing the regulation of campaign expenditure committees (under the
Draft Election Campaign Financing Bill, 2012)
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F. CONCLUSION
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
Commission to work within budget constraints

Seek for additional support from partners in implementing mandate –



Voter Education – Media, publicity, IEC/Voter Education Materials & in community
mobilization

Training & Capacity Building – Investigator & Prosecutors, Peace Committees,
Political Parties

Technical Support
Work closely with relevant state and non-state agencies towards peaceful elections –

Security: Office of the President/Ministry of Internal Security, NCIC, KNHRC,
Observer groups, etc

Effective election operations – registration of persons, Diaspora, etc: Ministries of
Immigration, Foreign Affairs,

Effective legal framework: State Law Office, KLRC, National Assembly and key
stakeholders in elections
Lobby for political goodwill in the process
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.
18/07/2012
AHSANTE …