Electoral administration

The Constitution of the Republic of Kenya establishes the Electoral Commission of Kenya (ECK).  The National Assembly and Presidential Elections Act stipulates that the ECK  has the responsibility for the overall conduct of elections, including by-elections,  that might be held in between general elections, and is entitled to make regulations for the conduct of elections.

The ECK chairperson and members (22) enjoy the same security of tenure as is applicable to Judges of the High Court and Court of Appeal, the Attorney General, chairman and members of the Public Service Commission and the Controller and Auditor General.

They are appointed by the President in consultation with the parliamentary opposition parties for a period of five years which can be renewed.

The ECK decision making is by consensus. In case a decision is not reached consensually, a vote is taken.  Such decisions are taken at its plenary meetings held regularly every week.

The ECK  responsibilities include, inter alia : delineating  constituencies, directing and supervising Presidential, National Assembly and Local Government/Civic elections, registering of voters, voter education, candidate registration, drafting regulations (to be adopted by Parliament) and accreditation of party agents and observers. The ECK also appoints on a temporary basis: Returning Officers and their deputies, Presiding Officers and their deputies, Polling/Counting Clerks and Security Officer.

The Commission is an independent body protected by a set of legal provisions, which state that “in the exercise of its functions under the Constitution, the Commission shall not be subject to the direction of any other person or authority”.

There is a statutory Code of Conduct for the Commissioners and the members of staff of ECK.

For the purpose of administration, the ECK has both a Secretariat and District Election Coordinators (DECs). The Secretariat is located at the ECK Office in Nairobi, while the DECs have District Offices in the districts.  The ECK also runs its affairs through the following committees: Finance, Planning and Logistics; Registration of Voters; Elections and Delimitation of Electoral Districts; Legal and Electoral Reform; Public Education and Relations; Human Resources and Development; Research and Technical Services; Liaison and General Purposes.