1. 12/21/20151 IEBC – STAKEHOLDERS POLICY DIALOGUE FORUM IEBC PREPAREDNESS FOR GENERAL ELECTIONS 15 TH MARCH 2012 Lillian Towers By A.I. Hassan, Chairman - IEBC

2. IEBC MANDATE – Articles 88 and 89 of the Constitution 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; 12/21/20152

3. IEBC MANDATE – Articles 88 and 89 of the Constitution (Cont’d) 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. 12/21/20153

4. IEBC MANDATE – Section 4 of IEBC Act, 2011 Additional Mandate of the Commission – a)the investigation and prosecution of electoral offences by candidates, political parties or their agents pursuant to Article 157(12) of the Constitution; b)the use of appropriate technology and approaches in the performance of its functions; and c)such other functions as are provided for by the Constitution or any other written law. 12/21/20154

5. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS Legal Framework a)IEBC Act, 2011. Regulations under Section 31 in terms of management and internal operations of the Commission are underway. Policies are currently in use. b)Elections Act, 2011. Commenced on 2 nd 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. 12/21/20155

6. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS A.Legal Framework … c)Political Parties Act, 2011. Commenced on 1 st 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 to be tabled in ………….. 12/21/20156

7. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS B. Boundaries Delimitation Article 89 of the Constitution gives IEBC a general mandate to delimit boundaries of Constituencies every 8-12 years IEBC is mandated to review the number, names and boundaries of wards periodically. a)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 9 th Jan 2012 12/21/20157

8. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS Boundaries Delimitation (Cont’d) Public consultations run for 21 days from 10 th Jan – 30 th Jan. Several modes were used - Written Memoranda – – Email to memoranda@iebc.or.kememoranda@iebc.or.ke – Delivered to CEC office Oral Submission - during County Public Hearings as per the published schedule IEBC used public feedback and prepared a Revised Report which was tabled before Parliament by JLA Committee. The report came back with recommendations. 12/21/20158

9. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS Boundaries Delimitation (Cont’d) Parliamentary Committee (JLA) discussed the report within and forwarded it to Parliament for consideration. Parliament forwarded its resolutions to IEBC for consideration. 12/21/20159

10. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS Boundaries Delimitation (Cont’d) After effecting some of the recommendations IEBC published the Report on 7 th March,2012. The Commission ran copies of the final report in the local dailies Any person may apply to the High Court if dissatisfied with the decision of the Commission in the Final Report Application for review must be within 30 days of the publication and gazettement of the Final Report. 12/21/201510

11. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS Boundaries Delimitation (Cont’d) The High Court must determine the Application(s) within 30 days of their filing. 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 21 st July 2012. IEBC has adopted the 30days period. 12/21/201511

12. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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 12/21/201512

13. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS D.Voter Education Voter Education will follow to sensitize the public on the new boundaries (for 30 days) Voter Education on the new elective positions, registration process and new requirements to be registered as a voter qualifications for candidates wishing to contest, nominations, polling procedures, mark the ballot campaign, advocacy for peaceful elections etc The Commission will continue strengthening partnerships with Voter Education Providers in carrying out this exercise. 12/21/201513

14. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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 12/21/201514

15. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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 12/21/201515

16. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS G.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 nominations 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 12/21/201516

17. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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 12/21/201517

18. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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 12/21/201518

19. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS J.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 EISA – Pledged support in training security agencies in management of elections 12/21/201519

20. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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) 12/21/201520

21. PREPAREDNESS TOWARDS NEXT GENERAL ELECTIONS 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. 12/21/201521

22. WAY FORWARD Hold regular consultations/dialogue with stakeholders. This will be on a monthly basis. This is the first meeting. We shall cascade this to the Constituencies. Launch Voter Education Curriculum, ToT Manual and Handbook on Elective Positions Shall accredit voter educators then train and support them 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 12/21/201522

23. Thank You … Any Questions ??? 12/21/201523