Chapter 7: REPRESENTATION OF THE PEOPLEPart 2 — INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS

Article 88. Independent Electoral and Boundaries Commission

Navigate this chapter (12 articles)

• 81. General principles for the electoral system
• 82. Legislation on elections
• 83. Registration as a vote
• 84. Candidates for election and political parties to comply with code of conduct
• 85. Eligibility to stand as an independent candidate
• 86. Voting
• 87. Electoral disputes
• 88. Independent Electoral and Boundaries Commission (current)
• 89. Delimitation of electoral units
• 90. Allocation of party list seats
• 91. Basic requirements for political parties
• 92. Legislation on political parties

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In this Chapter

Official Constitutional Text

88. (1) There is established the Independent Electoral and Boundaries Commission.

(2) A person is not eligible for appointment as a member of the Commission if the person—

(a) has, at any time within the preceding five years, held office, or stood for election as—

(i) a member of Parliament or of a county assembly; or

(ii) a member of the governing body of a political party; or

(b) holds any State office.

(3) A member of the Commission shall not hold another public office.

(4) The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for—

(a) the continuous registration of citizens as voters;

(b) the regular revision of the voters’ roll;

(c) the delimitation of constituencies and wards;

(d) the regulation of the process by which parties nominate candidates for elections;

(e) 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;

(f) the registration of candidates for election;

(g) voter education;

(h) the facilitation of the observation, monitoring and evaluation of elections;

(i) 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;

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

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

(5) The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 88 of the Kenyan Constitution officially creates the Independent Electoral and Boundaries Commission (IEBC) and outlines who can run it and what tasks it must perform. To ensure strict neutrality, anyone who has run for office, served as an MP or MCA, or led a political party within the past five years is disqualified from joining, and sitting commissioners are banned from holding any other public or state jobs. The article gives the IEBC total responsibility for running and supervising all public elections and referenda. Specifically, the commission must handle continuous voter registration, update the voters' roll, draw political boundaries for constituencies and wards, and manage candidate registration and party nominations. It is also legally ordered to settle early nomination disputes, run voter education campaigns, coordinate election observers, cap campaign spending, enforce the political code of conduct, and ensure parties follow fair nomination rules.