the revised preliminary report of the proposed … · report of the proposed boundaries of...

THE REVISED PRELIMINARY REPORT OF THE PROPOSED

BOUNDARIES OF CONSTITUENCIES AND

WARDSVOLUME 1

THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

REPUBLIC OF KENYA

T H E R E P O R T

9 T H F E B R U A R Y 2 0 1 2

9th February, 2012

The Hon. Kenneth Marende, E.G.H., M.P.

Speaker of the National Assembly

Parliament Building

NAIROBI.

Mr. Speaker Sir,

The Members of the Independent Electoral and Boundaries Commission (IEBC) were appoint-ed on 8th November 2011, vide Gazette Notices No. 14091 and 14094 of 9th November 2011 to exercise the powers conferred by Articles 88 and 89 of the Constitution and the IEBC Act. Pursuant to Paragraph 1 of the Fifth Schedule of the IEBC Act, the Commission is mandated to resolve all issues arising from the First Review relating to the delimitation of boundaries of Constituencies and Wards and publish its Final Report within a period of four months of the date of its appointment.

On 9th January 2011, the Commission published its Preliminary Report in accordance with the Fifth Schedule of the IEBC Act. The Commission proceeded to undertake public consultations and considered written memoranda. In the exercise of the constitutional and statutory mandate, the Commission has undertaken this task with due diligence and in accordance with the law.

The Commission hereby presents to the National Assembly its Revised Preliminary Report in accordance with Paragraph 3(4) of the Fifth Schedule. This Report contains three Volumes; Volume 1 covers background and legal framework of boundaries delimitation in Kenya, con-clusions and recommendations of the Commission. Volume 2 covers the descriptions of the proposed constituencies and wards, and Volume 3 is an atlas of the maps of the proposed con-stituencies and wards.

Whereas the Act provides that the relevant Departmental Committee and the full House will respectively have fourteen and seven days to consider this Report, we respectfully request that the Departmental Committee and the National Assembly undertakes this exercise in a shorter period to enable the Commission conclude and publish the Final Report.

The Commission shall be available for consultations with the Committee and the National As-sembly during its deliberations of this Report.

We humbly take this opportunity to thank the people of Kenya for the trust, confidence and goodwill bestowed upon us.

Yours faithfully,

………………………………………...

Ahmed Issack Hassan, EBS

Chairperson

………………………………………….

Lilian Bokeeye Mahiri-Zaja

Vice Chairperson

………………………………………….

Amb. (Dr.)Yusuf Abdurahman Nzibo, OGW, MBS

Member

………………………………………….

Mohamed Alawi Hussun

Member

………………………………………….

Eng. Abdullahi Sharawe, CBS, EBS

Member

………………………………………….

Thomas Letangule

Member

………………………………………….

Muthoni Wangai

Member

………………………………………….

Albert C. O. Bwire

Member

………………………………………….

Kule Galma Godana

Member

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i

Acronyms and Abbreviations ..............................................................................................iiList of Tables .........................................................................................................................iiiExecutive Summary .............................................................................................................iv

CHAPTER ONEBACKGROUND INFORMATION ....................................................................................11.1. Introduction ............................................................................................................................11.2. Boundary Delimitation In Kenya: Background ......................................................................1

CHAPTER TWOLEGAL FRAMEWORK FOR THE DELIMITATION OF BOUNDARIES .................32.1 Introduction ............................................................................................................................32.2 The Constitution of Kenya (Repealed) ...................................................................................32.3 The Constitution of Kenya, 2010 ...........................................................................................42.4 The IEBC Mandate to Finalize the First Review Under The Fifth Schedule of the IEBC Act, 2011 .............................................................................52.5 Judicial Review of IEBC Boundaries Report .........................................................................72.6 Public Sensitization ................................................................................................................7

CHAPTER THREEMETHODOLOGY AND CRITERIA FOR BOUNDARIES DELIMITATION ............83.1 Introduction ............................................................................................................................83.2 Methodology for Determination of 290 Constituencies .........................................................93.3 Determination of Population Quota ........................................................................................93.4 Methodology for Determination of 1450 County Assembly Wards .......................................223.5 Other Constitutional Criteria in the Delimitation of Boundaries ...........................................25 3.5.1 Geographical Features, Urban Centres and Means of Communication .......................25 3.5.2 Community of Interest, Historical, Economic and Cultural Ties .................................25

CHAPTER FOUROBSERVATIONS, CONCLUSIONS AND RECOMMENDATIONS ............................264.1 Observations ................................................................................................................264.2 Recommendations .......................................................................................................27 4.3 Conclusions .................................................................................................................28

ANNEX I: FIFTH SCHEDULE OF THE IEBC ACT, 2011 .....................................................29ANNEX II: MEDIA OUTLETS USED FOR PUBLIC AWARENESS ......................................32ANNEX III: SCHEDULE OF COUNTY PUBLIC FORUMS .....................................................34

Table of Contents

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ii

Acronyms and Abbreviations

ECK Electoral Commission of Kenya

GIS Geographical Information System

IEBC Independent Electoral and Boundaries Commission

IFES International Foundation for Electoral Systems

IIBRC Interim Independent Boundaries Review Commission

IIEC Interim Independent Electoral Commission

IREC Independent Review Commission

JLA The Departmental Committee on Justice and Legal Affairs

KNBS Kenya National Bureau of Statistics

KNDR Kenya National Dialogue and Reconciliation

TFDG Task Force on Implementation of the Devolved Government

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iii

List of Tables

Table 1: Determination of 210 Constituencies Using Population Quota .................................11

Table 2: Distribution of Additional 6 Constituencies Using Mathematical Analysis ..............11

Table 3: Mathematical Analysis ..............................................................................................13

Table 4: Determination of 290 Constituencies .........................................................................14

Table 5: Protected Constituencies ............................................................................................14

Table 6: 210 Constituency Populations (2009 National Census)

and Classification of Constituencies ............................................................................16

Table 7: Distribution of County Assembly Wards Per County ................................................23

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iv

Executive Summary

This is the Revised Preliminary Report of the Independent Electoral and Boundaries Commission on the boundaries delimitation exercise. This Report takes account of the following considerations -

• the scope of the mandate of the IEBC to complete the First Review in accordance with the IEBC Act;

• that the work of the IEBC is cumulative to the work of the IIBRC; and

• the understanding that successful and timely conclusion of the First Review will facilitate necessary planning for the forthcoming General Elections.

The Revised Preliminary Report is divided into three Volumes:-

Volume I is divided into four chapters as follows –

Chapter I – Covers background information on boundaries delimitation process: This chapter takes account of the significance of the First Review, the work undertaken by the IIBRC and the Parliamentary consideration of the IIBRC work.

Chapter II – Outlines the legal framework governing the Commission in the delimitation process with particular reference to salient issues relating to the First Review. This chapter restates the definition of the “First Review” in accordance with Section 2 of the IEBC Act as “the review conducted by the former Boundaries Commission taking into account any outstanding work of that Commission and issues arising from that review.” The chapter then outlines the mandate of the IIBRC in accordance with Article 41B and 41C of the former Constitution, the implications of the current Constitution, and the mandate of the IEBC in concluding the First Review in accordance with the IEBC Act.

Chapter III – Sets out the methodology that the Commission employed in the performance of its mandate. In this chapter, the Commission defines the criteria for boundaries delimitation as stipulated under Article 89 of the Constitution. the chapter discusses the salient issues relevant to application of criteria including: factors outlined under Article 89(5), variations from the population quota under Article 89(6), while ensuring the principle of progressive attainment of the quota envisaged under Article 89(7), and the implication of Section 27(4) of the Sixth Schedule which seeks to protect the existing constituencies during the First Review. The Chapter also outlines the process undertaken by this Commission in making its proposals which include advanced statistical analysis, integration of GIS technology, and extensive public consultations.

Chapter IV – This Chapter contains observations that the Commission made during County public forums, conclusions and recommendations of the Commission.

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v

• Volume II contains the proposal of the Commission on the delimitation of boundaries of constituencies and wards.

• Volume III contains the Atlas of the maps of the boundaries of constituencies and wards as proposed by the Commission.

Executive Summary

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Chapter One

Background Information

1.1. Introduction

The Commission published its Preliminary Report on 9th January 2012 in accordance with Paragraph 3(2) of the Fifth Schedule of the IEBC Act. The Commission proceeded to undertake public consultations between 9th and 30th January 2012. During this period, the Commission also received and considered oral and written memoranda.

This Report takes account of the following considerations -

• The mandate of the IEBC to complete the First Review in accordance with the IEBC Act;

• That the work of the IEBC is cumulative to that of the IIBRC; and

• The understanding that successful and timely conclusion of the First Review will facilitate necessary planning for the forthcoming general elections.

1.2. Boundary Delimitation In Kenya: Background

Kenya undertook the last boundaries delimitation in 1996. Whereas boundaries delimitation was constitutionally due in 2005, the Electoral Commission of Kenya initiated processes for review of boundaries but did not alter the boundaries prior to the 2007 general elections. The Commission was effectively restricted by the limits in the former Constitution, which provided for a maximum of two hundred and ten (210) constituencies.

The frequency of boundaries review ensures that electoral boundaries are adjusted to account for the population dynamics and to align representation to changes in demographic patterns. International standards invariably provide for opportunities for adjustments of electoral areas between 8 and 12 years.

In electoral systems based on the First-Past-The-Post Model and Single-Member constituencies like Kenya, determination of electoral boundaries is of fundamental importance. The Independent Review Commission (Kreigler Commission), established after the disputed 2007, elections found that the current constituencies are unrepresentative and thus made far reaching recommendations in the legal and institutional framework for boundaries delimitation. The Kreigler Report recommended that the first boundaries delimitation prior to the next general elections should be undertaken immediately by an indepedenent commission. It also recommended that the boundaries delimitation process should be based on objective criteria insulated from political interference.

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Following the adoption of the Kreigler Report, Parliament enacted the Constitution of Kenya (Amendment) Act, 2008 to establish the Interim Independent Boundaries Review Commission (IIBRC) and provided a legal framework for boundaries delimitation. After the enactment of the Constitution the mandate of the IIBRC was recast by the transitional provisions to provide the framework for concluding the boundaries delimitation initiated by the IIBRC. The tenure of the IIBRC lapsed on 27th November 2011.

Prior to the lapse of its tenure, the IIBRC presented its Report to Parliament which adopted it. However, due to legal challenges, the IIBRC did not gazette its Report in accordance with section 27 of the Sixth Schedule of the Constitution. The issues surrounding the work of the IIBRC were also hindered by the ruling in the Maingi Case1 where the High Court ruled that the Commission did not fully discharge its mandate.

For purposes of completing the First Review,2 the IEBC is mandated to resolve the issues arising therein and specifically the distribution of such wards and administrative units as may be appropriate. It is also required to address the issues of new constitutenices falling outside the population quota while at the same time ensuring the process takes into account the constitutional provision that requires progressive efforts and not instant demographic equality.

In fulfilling its mandate, the Commission is required to use the IIBRC and JLA Reports as its primary and secondary reference materials, respectively.

The Commission published its Preliminary Report and invited public representations on the proposals therein. After considering the views recieved from the public, the Commission hereby submits its Revised Preliminary Report to the relevant Departmental Committee.

1 John Kimanthi Maingi v. Andrew Ligale and Others, High Court Petition No. 72 of 2010

2 See Fifth Schedule of the IEBC Act, 2011

Chapter 1 | Background Information

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2.1 Introduction

The legal framework for delimitation of boundaries is provided under the former Constitution as amended by the Constitution of Kenya (Amendment) Act, 2008, the Constitution of Kenya, 2010 and the Independent Electoral and Boundaries Commission Act, 2011. According to international standards, the legal framework regulating drawing of boundaries for electoral units is expected to make provisions for:

(a) the frequency of such boundaries delimitation; (b) the criteria for such determination; (c) the framework for public participation in the process; (d) the institutional framework including the ultimate authority for the final determination of the electoral units; and (e) resolution of disputes including the role, if any, of the judiciary.

2.2 The Constitution of Kenya (Repealed)

The former Constitution, as amended by the Constitution of Kenya (Amendment) Act, 2008 established an interim framework for delimitation of boundaries following the disbandment of the Electoral Commission of Kenya. Article 41C provided for the establishment and composition of the Interim Independent Boundaries Review Commission (IIBRC). Article 41(11) provided that the IIBRC “shall stand dissolved twenty four months after the commencement of this section or three months after the promulgation of a new Constitution, whichever is the earlier.”

The functions of the IIBRC were provided under Article 41C to include –

(a) making recommendations to Parliament on the delimitation of constituencies and local authority electoral units and the optimal number of constituencies on the basis of equality of votes taking into account –

(i) density of population, and in particular the need to ensure adequate representation of urban and sparsely-populated rural areas;

(ii) population trends;

(iii) means of communication;

Chapter Two

Legal Framework for the Delimitation of Boundaries

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(iv) community interest;

(b) making recommendations to Parliament on administrative boundaries, including the fixing, reviewing and variation of boundaries of districts and other units; and

(c) the performance of such other functions as may be prescribed by Parliament.

The mandate of the IIBRC was therefore restricted to making recommendations to Parliament in accordance with the specified criteria. It also included making recommendations on administrative boundaries.

2.3 The Constitution of Kenya, 2010

The Constitution of Kenya makes fundamental changes to the legal framework for delimitation of boundaries as undertaken by IIBRC. The Constitution establishes the Independent Electoral and Boundaries Commission which is mandated to conduct and manage elections and referenda and undertake boundaries delimitation. Article 89 of the Constitution provides the criteria for delimitation of boundaries of constituencies and wards, obligation for consultation of all interested persons, and provisions on the judicial review of the decisions of the Commision.

The transitional provisions set out under Section 27 of the Sixth Schedule saved the tenure of the IIBRC established under Section 41C of the former Constitution to conclude the First Review in accordance with the criteria provided by the current Constitution. Section 27 of the Sixth Schedule of the Constitution obligated the IIBRC to conform to the provisions of the new Constitution, which provides as follows -

(1) The Boundaries Commission established under the former Constitution shall continue to function as constituted under that Constitution and in terms of sections 41B and 41C but—

(a) it shall not determine the boundaries of the Counties established under this Constitution;

(b) it shall determine the boundaries of constituencies and wards using the criteria mentioned in this Constitution; and

(c) members of the Commission shall be subject to Chapter Seven of this Constitution.

(3) The requirement in Article 89(2) that a review of constituency and ward boundaries shall be completed at least twelve months before a general election does not apply to the review of boundaries preceding the first elections under this Constitution.

(4) The Boundaries Commission shall ensure that the First Review of constituencies undertaken in terms of this Constitution shall not result in the loss of a constituency existing on the effective date.

Chapter 2 | Legal Framework for the Del imitat ion of Boundaries

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Consequently, Parliament adopted the IIBRC Report and enacted the IEBC Act to provide for the finalization of the First Reveiw.

Article 89 of the Constitution caps the number of constituencies in Kenya at 290 and stipulates the frequency, the manner and the criteria for the delimitation of boundaries of constituencies and wards. Article 89(5) specifically states that the “boundaries of each constituency shall be such that the number of inhabitants in the constituency is as nearly as possible equal to the population quota”. Article 89(6) provides variations around this quota and states that the number of inhabitants of a constituency or ward may be greater or lesser than:

(a) forty per cent (40%) in the case of cities and sparsely populated areas; and

(b) thirty percent (30%) for other areas.

Article 89(5) further mandates the Commission to take into account other factors such as:

(a) geographical features and urban centres;

(b) community of interest, historical, economic and cultural ties; and

(c) means of communication.

In reviewing constituencies and wards boundaries, the Commission is required to consult all interested parties and work towards progressively ensuring that the number of inhabitants in each constituency and ward is as nearly as possible equal to the population quota1.

Article 89(9) of the Constitution provides that the Commission shall publish the names and details of such boundaries in the Kenya Gazette. Once published, any person aggrieved by the decision of the Commission in terms of the names and details of such boundaries, may apply to the High Court within thirty days for review of such decision. The High Court will have to determine the matter within three months of such application.2

2.4 The IEBC Mandate to Finalize the First Review Under The Fifth Schedule of the IEBC Act, 2011

The IEBC Act was enacted on 5th July 2011 and commenced on 18th July 2011. The Act provides for the appointment of members and effective operation of the Commission. The Act further provides under the Fifth Schedule for a detailed mechanism and procedure for the finalization of the First Review. The Fifth Schedule of the IEBC Act is Annex I of the Report.

According to the Fifth Schedule of the Act, IEBC is mandated to ‘resolve all issues arising from the First Review relating to the delimitation of boundaries of constituencies and wards and publish its Final Report within a period of four months of the date of its appointment. It is predetermined that the Commission shall, in addressing the issues arising out of the First

1 Article 89 (7)(b) of the Constitution and Paragraph 2(c) of the Fifth Schedule of the IEBC Act, 20112 Article 89(10) and (11) of the Constitution


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Review:-

(a) use as its primary reference material, the report of the former boundaries commission on the First Review as adopted by Parliament; and

(b) use as its secondary reference material the report of the Parliamentary committee on the report of the former Boundaries Commission.

The issues arising out of the First Review are -

(a) re-distribution of such wards or administrative units in the affected constituencies as may be appropriate;

(b) subject to the Constitution, addressing issues of new constituencies falling outside the population quota as provided for by Article 89(6) of the Constitution but at the same time ensuring that such a process shall –

(i) take into account the provisions of Article 89(7)(b) of the Constitution that requires progressive efforts and not instant demographic equality of all towards attaining the population quota in each constituency and ward for the purposes of the First Review;

(ii) not be subject to new definitions of cities, urban areas and sparsely populated areas or to new population figures;

(iii) be subject to the use of enumerated national census figures and not projected figures.

(c) addressing the issue of progressively advancing towards the population quota in protected constituencies in relation to neighboring constituencies where appropriate.

Paragraph 1 of the Fifth Schedule gives the Commission strict timelines within which to operationalize this limited mandate. It allows a maximum of four months for the IEBC to resolve all the issues arising out of the First Review and publish the Final Report with boundaries of constituencies and wards. Below is a chronology of events that the Commission is expected to carry out within this period -

(a) to prepare and publish a Preliminary Report outlining the proposed delimitation of boundaries of constituencies and wards, specific geographical and demographical details. In giving effect to this provision, the Commission launched and published the Preliminary Report with the required details on 9th January 2012;

(b) to avail the Report to the general public for a period of twenty-one (21) days and invite representations from the public on the proposals. The Commission provided different avenues through which the public could make their presentations; public hearing meetings organized in every County, submission of memoranda by email or through the Commission’s Constituency offices or through post. This exercise ran for twenty-one


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days, from 9th to 30th January 2012;

(c) to review public representations received within fourteen (14) days after receipt of recommendations. As the Commission receives feedback from the public, it is required to consider and incorporate such proposals within the confines of the law and prepare a Revised Preliminary Report;

(d) to forward the Revised Preliminary Report to Parliament. The relevant Parliamentary Committee is required to deliberate on the Revised Preliminary Report within fourteen (14) days and make their recommendations to Parliament. Parliament will discuss the Report and the Committee’s recommendations within 7 days and forward their resolutions to the Commission; and

(e) to consider views received from Parliament and review the Revised Preliminary Report accordingly and prepare and publish a Final Report for publication and gazettement. This Report will be the final product on the boundaries of constituencies and wards as delimited.

2.5 Judicial Review of IEBC Boundaries Report

Paragraph 4 of the Fifth Schedule of the IEBC Act, 2011 provides that any person disatisfied with the outcome of the Final Report of the Commission on Boundaries Delimitation to apply to the High Court for review of this decision. Such application shall be filed within thirty days of the publication of the Final Report in the Gazette, and shall be heard and determined within thirty days of the date on which it is filed.

2.6 Public Sensitization

The principle of public participation and involvement is a running thread throughout the Constitution and the Commission is required by the Constitution and the IEBC Act to observe the principle of public participation and consultation with stakeholders in its processes. Article 89(7) (a) requires the IEBC to conduct consultations with interested parties. Paragraph 6 of the Fifth Schedule of the IEBC Act requires the Commission to conduct public sensitization on the proposed boundaries for a period of thirty days after its publication.


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3.1 Introduction

The Constitution envisages that boundaries delimitation is based on definite criteria which should be applied in a manner that entrenches objectivity and consistency. The constitutional criteria are set out under Article 89 of the Constitution. Article 89 provides that delimitation shall be primarily based on the population quota taking into account specified criteria which may necessitate departure from the quota, and margins by which an electoral unit may fall outside the quota.

Article 89(3) and (8) of the Constitution mandate the Commission to alter the names, boundaries of constituencies, and the number, names and boundaries of wards. The Constitution also provides for public consultation in the process and the progressive attainment of the population quota. Section 27(4) of the Constitution guarantees that no constituency existing on the effective date is lost during the First Review.

The process of boundaries delimitation requires detailed analysis of population, geographical features and urban centres, community of interest, historical, economic and cultural ties and means of communication. In undertaking the process, the Commission employed statistical and Geographic Information Systems (GIS) modeling to come up with proposals for resolving the issues arising out of the First Review. This process involved collection and analysis of the 2009 Kenya National Population and Housing Census1, geographical details from the Survey of Kenya, Kenya Forestry Services, Kenya Wildlife Service, Water Resources Management Authority, Kenya Roads Board, Communication Commission of Kenya and other Government Departments.

Pursuant to Article 89(7)(a) of the Constitution and Paragraph 3(2) of the Fifth Schedule of the IEBC Act, the Commission invited public representations on the Preliminary Report published on 9th January 2012. Following publication of the Preliminary Report, the Commission created public awareness through various media to enhance public participation in the delimitation process. Annex II outlines the media used to create public awareness in the process.

In accordance with the legal requirements, the Commission held County public forums between 16th and 26th January 2012 to receive feedback on the proposals on the Preliminary Report. The Schedule of the forums is in Annex III of the Report. There were 69 County meetings held, in which over 15,000 members of the public attended. The Commission used Hansard and visual recording to capture oral views received from the Public during the forums. Over 1,970 memoranda from individuals, interest groups and communities were collected, recorded and

1 As released by the Ministry of Planning , National Development and Vision 2030

Chapter Three

Methodology and Criteria for Boundaries Delimitation

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archived. The Commission analysed and considered all the views received in accordance with the constitutional parameters.

3.2 Methodology for Determination of 290 ConstituenciesArticle 81 of the Constitution defines the principles upon which the Kenyan electoral system is anchored. Under Article 81(d), the electoral system shall comply with the principle of “universal suffrage based on the aspiration for fair representation and equality of vote.” Article 89(5) provides that “the boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6).”

Pursuant to the provisions of Paragraph 2 of the Fifth Schedule of the IEBC Act, the Commission analyzed the IIBRC and JLA Reports with the view to resolve issues arising out of the First Review. In doing so, the Commission upheld the determination of the 290 Constituencies. The IEBC ratified the methodology adopted by the IIBRC for delimitation of constituencies and made adjustment to the wards in the determined constituencies as per the Act.

Paragraph 2(2)(b) of the Fifth Schedule of the IEBC Act provides that the Commission shall not be subject to new definitions of cities, urban areas and sparsely populated areas or to new population figures. Pursuant to this provision, the Commission was obligated to follow the determination of the IIBRC in recognising Nairobi as the only city.

3.3 Determination of Population QuotaThe population quota is obtained in accordance with Article 89(12) of the Constitution by dividing the national population by the number of constituencies or wards as applicable.

National Population as at the 2009 census

290 constituencies2

National population = 38,610,097

(a) Population Quota = 38,610,097 = 133,138.26290

(b) 40% greater than population quota for cities = 186,393.6(c) 30% greater than population quota for other areas = 173,079.4(d) 30% less than population quota for other areas = 93,196.6(e) 40% less than population quota for sparsely populated areas = 79,882.8

I. Nairobi Province Population = 3,138,369

No. of constituencies for Nairobi (40% limit) = 3,138,369 = 16.84 = 17 186,3932 Article 89 (1) of the Constitution of Kenya, 2010

Chapter 3 | Cr i ter ia and Methodology for Boundaries Del imitat ion

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No. of existing constituencies = 8 No. of additional constituencies = 17 – 8= 9

II. Coast Province Population = 3,325,307

No. of constituencies for Coast = 3,325,307 = 24.98 = 25 133,138

No. of existing constituencies = 21 No. of additional constituencies = 25 – 21= 4

III. North Eastern Province Population = 2,310,757

No. of constituencies for North Eastern = 2,310,757 = 17.36 = 17 133,138 No. of existing constituencies = 11 No. of additional constituencies = 17 – 11= 6

IV. Eastern Province Population = 5,668,123

No. of constituencies for Eastern = 5,668,123 = 42.57 = 43 133,138 No. of existing constituencies = 36 No. of additional constituencies = 43 – 36= 7

V. Central Province Population = 4,383,743

No. of constituencies for Central = 4,383,743 = 32.93 = 33 133,138 No. of existing constituencies = 29 No. of additional constituencies = 33 – 29= 4

VI. Rift Valley Province Population = 10,006,805

No. of constituencies for Rift Valley = 10,006,805 = 75.16 = 75 133,138 No. of existing constituencies = 49 No. of additional constituencies = 75 – 49= 26

VII. Western Province Population = 4,334,282

No. of constituencies for Western = 4,334,282 = 32.56 = 33 133,138 No. of existing constituencies = 24 No. of additional constituencies = 33 – 24= 9


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VIII. Nyanza Province Population = 5,442,711

No. of constituencies for Nyanza = 5,442,711 = 40.88 = 41 133,138 No. of existing constituencies = 32 No. of additional constituencies = 41 – 32= 9

The above computations are reflected in Table 1 below, which apportions 284 out of the total 290 constituencies. The remaining 6 constituencies have been redistributed to Coast, North Eastern, Eastern, Central, Rift Valley and Nyanza following the above calculations. The result of this is reflected in Table 2.

Table 1: Determination of 210 Constituencies Using Population Quota

CONSTITUENCIESS/No. PROVINCE CURRENT

NO. ADDITIONAL TOTAL

1 Nairobi 8 9 172 Coast 21 4 253 North Eastern 11 6 174 Eastern 36 7 435 Central 29 4 336 Rift Valley 49 26 757 Western 24 9 338 Nyanza 32 9 41

TOTAL 210 74 284

Table 2: Distribution of Additional 6 Constituencies Using Mathematical Analysis

CONSTITUENCIESS/No.

PROVINCE CURRENT NO.

ADDITIONAL TOTAL

1 Nairobi 8 9 172 Coast 21 5 263 North Eastern 11 7 184 Eastern 36 8 445 Central 29 5 346 Rift Valley 49 27 767 Western 24 9 338 Nyanza 32 10 42

TOTAL 210 80 290


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The distribution of the additional 6 constituencies which is reflected in Table 2 above has been subjected to the Mathematical Analysis below, whose result is shown in Table 3.

Mathematical Analysis

1. Nairobi being the only city, the population of Nairobi subjected to its population quota as follows:

(40% x 133,138) + 133,138) = 186,393

2. Subjecting the population of Nairobi to the population quota for cities then:

= (3,138,369/186,393) = 17 Constituencies

3. Subtracting the population of Nairobi from the national population:

= (38,610.097 – 3,138,369) = 35,471,728

4. Subtracting the 17 constituencies given to Nairobi from the 290 Constituencies:

= (290-17) = 273

5. Dividing the remaining population by remaining Constituencies

= (35,471,728/273) = 129,933

6. Subjecting the remaining provinces to this quota:

= Province Population (X)/129,933

7. This gives a total of 291 constituencies. The allocation of constituencies in the Rift Valley was reduced by 1 because of its large number of constituencies.


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Cha

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3 |

Cri

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or B

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* N

atio

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otal

s les

s Nai

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tota

ls

Popu

latio

nA

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x. A

rea

(Sq.

Km

)

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5.9

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age

per C

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82.9

6Av

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e +4

0%18

6,39

3.57

Serial Number

Province

Population

Approx. Area in sq km

Population/sq. km

Total – Current Constituencies

Constituencies as calculated

Constituencies as whole number

Constituencies as adopted

Population/

Constituency

Population Constituency as whole number

Population Constituency as adopted

Regional Av

National Av

Deviation wrt Av less Nairobi

Deviation from National Av

Deviation from National Av in %

1N

airo

bi3,

138,

369

695.

14,

515.

08

16.8

417

1718

6,39

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743

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,892

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9,93

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5,66

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580,

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273

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129,

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0%-3

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tal*

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312

9,93

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9,45

912

9,93

30

0.0%

-320

5-2

.4%

Tabl

e 3:

Mat

hem

atic

al A

naly

sis B

ased

on

Tabl

e 2

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Following the computations in Table 3 above, Table 4 below gives the final determination of the 290 constituencies.

Table 4: Determination of 290 Constituencies

Provinces Population Constituencies Fraction

Constituencies Rounded

Delimitation Current Constituencies

Additional Constituencies

Nairobi 3,138,369 16.84 17 17 8 9Coast 3,325,307 25.59 26 26 21 5Central 4,383,743 33.74 34 34 29 5N. Eastern 2,310,757 17.78 18 18 11 7Eastern 5,668,123 43.62 44 44 36 8R. Valley 10,006,805 77.02 77* 76 49 27Western 4,334,282 33.36 33 33 24 9Nyanza 5,442,711 41.89 42 42 32 10

291 290 210 80

* Refer to page 12

Protected Constituencies under Section 27(4) of the sixth schedule

Section 27(4) the Sixth Schedule provides that the Boundaries Commission shall ensure that the First Review of constituencies undertaken in terms of the current Constitution shall not result in the loss of a constituency existing on the effective date. This provision has direct implication on the strict application of the population quota in the First Review. By saving the current constituencies, the Section ensures that constituencies are maintained in areas where strict application of the population principle would necessarily result in loss of a constituency. The Commission has upheld the determination of constituencies which require protection under section 27(4) of the Sixth Schedule of the Constitution as shown in Table 5 below.

Table 5: Protected Constituencies

27 PROTECTED CONSTITUENCIESConstituency No. Approx. Area km.

Sq.Population

NAIROBI (NONE)COAST (9/27)1. Mvita 006 7 74,7352. Galole 019 9,657 60,8663. Bura 020 12,796 82,5454. Lamu East 021 1,663 18,8415. Lamu West 022 4,504 82,6986. Taveta 023 4,205 67,6657. Wundanyi 024 702 56,0218. Mwatate 025 1,873 71,513


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27 PROTECTED CONSTITUENCIESConstituency No. Approx. Area km.

Sq.Population

9. Voi 026 10,348 89,458NORTH EASTERN (NONE)EASTERN (6/27)10. North Horr 046 38,953 75,19611. Saku 047 2,078 46,50212. Laisamis 048 20,266 65,66913. Isiolo South 059 9,817 43,11814. Siakago 066 777 89,03515. Kilome 084 630 87,864CENTRAL (6/27)16. Ndaragwa 093 934 92,62617. Tetu 094 418 78,32018. Othaya 097 600 87,37419. Mukurweini 098 180 83,93220. Kangema 104 260 76,98821. Mathioya 105 262 88,219RIFT VALLEY (4/27)22. Samburu East 135 10,142 59,09423. Marakwet East 147 783 78,74924. Keiyo North 149 541 73,71525. Mogotio 161 1,364 60,959WESTERN (2/27)26. Vihiga 211 90 91,61627. Budalangi 231 187 66,723NYANZA (NONE)


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Table 6: 210 Constituency Populations (2009 National Census) and Classification of Constituencies3

Table 6 summarises the 210 constituencies in terms of their population density, surface area (Sq. Km) and classification.

National Population - 38,610,097

Total Approximate Area for the country (Sq. Km) - 581,313.20

Constituency

Constituency Approx. Area (Sq. Km) Population

Population Density (Persons/Sq. Km) Classification

Makadara 20 218,641 10,878 City

Kamukunji 12 261,855 1,590 City

Starehe 11 274,607 2,532 City

Langata 223 355,188 4,444 City

Dagoretti 39 329,577 6,133 City

Westlands 98 247,102 8,516 City

Kasarani 86 525,624 22,381 City

Embakasi 208 925,775 25,906 City

North Horr 38,953 75,196 2 Sparsely populated

Laisamis 20,266 65,669 3 Sparsely populated

Isiolo South 9,817 43,118 4 Sparsely populated

Samburu East 10,142 59,094 6 Sparsely populated

Fafi 15,974 95,212 6 Sparsely populated

Garsen 16,013 96,664 6 Sparsely populated

Wajir South 21,424 130,070 6 Sparsely populated

Galole 9,657 60,866 6 Sparsely populated

Isiolo North 15,881 100,176 6 Sparsely populated

Bura 12,796 82,545 6 Sparsely populated

Voi 10,348 89,458 9 Sparsely populated

Ijara 9,994 92,663 9 Sparsely populated

Turkana North 35,000 374,414 11 Sparsely populated

Moyale 9,390 103,799 11 Sparsely populated

Lamu East 1,663 18,841 11 Sparsely populated

Turkana South 18,622 226,379 12 Sparsely populated

Kitui South 12,544 166,050 13 Sparsely populated

Wajir West 12,800 171,948 13 Sparsely populated

Wajir North 9,493 135,505 14 Sparsely populated

Samburu West 10,985 164,853 15 Sparsely populated

Taveta 4,205 67,665 16 Sparsely populated

3 Article 89(6) of the Constitution


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Turkana Central 14,766 254,606 17 Sparsely populated

Wajir East 12,979 224,418 17 Sparsely populated

Lamu West 4,504 82,698 18 Sparsely populated

Lagdera 13,297 245,123 18 Sparsely populated

Kajiado Central 8,142 162,278 20 Sparsely populated

Kajiado South 6,356 137,496 22 Sparsely populated

Saku 2,078 46,502 22 Sparsely populated

Mutito 5,037 126,711 25 Sparsely populated

Baringo East 4,525 133,189 29 Sparsely populated

Narok South 10,444 317,844 30 Sparsely populated

Dujis 5,688 190,062 33 Sparsely populated

Mwingi North 5,773 204,932 35 Sparsely populated

Mandera Central 11,648 417,294 36 Sparsely populated

Mandera West 8,631 319,775 37 Sparsely populated

Mwatate 1,873 71,513 38 Sparsely populated

Laikipia East 4,460 174,796 39 Sparsely populated

Kacheliba 3,856 156,011 40 Sparsely populated

Mwingi South 4,258 180,016 42 Sparsely populated

Mogotio 1,364 60,959 45 Sparsely populated

Ganze 2,902 132,688 46 Sparsely populated

Mandera East 6,195 288,687 47 Sparsely populated

Malindi 5,334 249,355 47 Sparsely populated

Laikipia West 4,769 224,431 47 Sparsely populated

Kinango 4,008 209,560 52 Sparsely populated

Kajiado North 7,405 387,538 52 Sparsely populated

Baringo North 1,695 93,789 55 Sparsely populated

Narok North 4,654 258,544 56 Sparsely populated

Sigor 2,902 175,616 61 Sparsely populated

Magarini 2,417 151,159 63 Sparsely populated

Kibwezi 3,955 248,704 63 Sparsely populated

Baringo Central 2,426 162,351 67 Other areas

Kapenguria 2,306 181,063 79 Other areas

Wundanyi 702 56,021 80 Other areas

Tharaka 1,570 130,098 83 Other areas

Kitui West 1,843 159,367 86 Other areas

Msambweni 3,235 288,393 89 Other areas

Masinga 1,411 125,940 89 Other areas

Kilgoris 2,846 274,532 96 Other areas

Gachoka 1,315 130,185 99 Other areas

Ndaragwa 934 92,626 99 Other areas


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Marakwet East 783 78,749 101 Other areas

Eldama Ravine 942 105,273 112 Other areas

Kieni 1,556 175,812 113 Other areas

Siakago 777 89,035 115 Other areas

Makueni 2,011 243,219 121 Other areas

Keiyo South 898 109,160 122 Other areas

Naivasha 2,837 376,243 133 Other areas

Rongai 1,222 163,864 134 Other areas

Marakwet West 805 108,374 135 Other areas

Keiyo North 541 73,715 136 Other areas

Yatta 1,059 147,579 139 Other areas

Kilome 630 87,864 139 Other areas

Matuga 1,052 151,978 144 Other areas

Othaya 600 87,374 146 Other areas

Kuresoi 1,596 239,485 150 Other areas

Mwala 1,015 163,032 161 Other areas

Gwasi 640 103,054 161 Other areas

Igembe South 1,489 252,885 170 Other areas

Igembe North 1,327 229,871 173 Other areas

North Imenti 1,484 258,947 174 Other areas

Kipipiri 544 95,338 175 Other areas

Kitui Central 979 175,633 179 Other areas

Mt. Elgon 944 172,377 183 Other areas

Central Imenti 761 141,768 186 Other areas

Kipkelion 1,103 206,590 187 Other areas

Tetu 418 78,320 187 Other areas

Eldoret East 1,251 241,451 193 Other areas

Mbooni 951 184,624 194 Other areas

Kathiani 1,163 243,719 210 Other areas

Kwanza 1,119 236,218 211 Other areas

Tinderet 938 199,514 213 Other areas

Nyatike 676 144,625 214 Other areas

Nithi 1,093 235,232 215 Other areas

Tigania East 723 157,246 217 Other areas

Muhoroni 666 145,764 219 Other areas

Ol-Kalou 974 215,925 222 Other areas

Mosop 736 164,430 223 Other areas

Kinangop 853 192,379 226 Other areas

Machakos Town 822 199,211 242 Other areas

Ndhiwa 709 172,212 243 Other areas


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South Imenti 737 179,604 244 Other areas

Molo 1,198 302,618 253 Other areas

Eldoret South 989 261,073 264 Other areas

Mbita 416 111,409 268 Other areas

Bondo 587 157,522 268 Other areas

Kangundo 813 219,103 269 Other areas

Gatanga 603 163,597 271 Other areas

Kaloleni 909 252,924 278 Other areas

Lari 441 123,895 281 Other areas

Kaiti 418 120,116 287 Other areas

Kangema 260 76,988 296 Other areas

Aldai 524 157,967 301 Other areas

Uriri 380 115,751 304 Other areas

Chepalungu 537 163,833 305 Other areas

Gichugu 405 124,672 308 Other areas

Cherangany 627 195,173 311 Other areas

Alego 599 187,243 313 Other areas

Maragwa 468 152,272 326 Other areas

Emgwen 702 231,054 329 Other areas

Runyenjes 430 142,360 331 Other areas

Bahari 968 323,609 334 Other areas

Konoin 414 139,114 336 Other areas

Mathioya 262 88,219 336 Other areas

Rarieda 400 134,558 337 Other areas

Tigania West 402 135,980 338 Other areas

Nyando 412 141,037 342 Other areas

Mathira 434 148,847 343 Other areas

Gatundu North 289 100,611 348 Other areas

Ainamoi 520 181,509 349 Other areas

Mwea 541 190,512 352 Other areas

Funyula 264 93,500 354 Other areas

Budalangi 187 66,723 358 Other areas

Eldoret North 1,088 391,655 360 Other areas

Belgut 560 202,591 362 Other areas

Ndia 270 99,515 369 Other areas

Karachuonyo 438 162,045 370 Other areas

Nyakach 359 133,041 371 Other areas

Subukia 570 211,691 371 Other areas

Shinyalu 410 159,475 389 Other areas

Ugenya 518 202,306 390 Other areas


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Migori 481 191,248 398 Other areas

Gem 403 160,675 399 Other areas

Kisumu Rural 361 144,907 402 Other areas

Kigumo 293 123,766 422 Other areas

Rangwe 451 194,408 431 Other areas

Kirinyaga Central 263 113,355 432 Other areas

Kasipul Kabondo 507 220,666 435 Other areas

Lugari 670 292,151 436 Other areas

Kuria 581 256,086 441 Other areas

Kiharu 407 181,076 445 Other areas

Rongo 468 209,460 447 Other areas

Bomet 514 233,271 454 Other areas

Amagoro 559 255,871 458 Other areas

Mukurwe-ini 180 83,932 466 Other areas

Limuru 281 131,132 467 Other areas

Nambale 428 205,982 481 Other areas

Malava 424 205,166 484 Other areas

Butula 245 121,870 497 Other areas

North Mugirango Borabu 464 239,443 517

Other areas

Manyatta 299 154,632 518 Other areas

Bumula 345 178,897 519 Other areas

Saboti 741 387,366 523 Other areas

Buret 320 167,649 524 Other areas

Sirisia 447 243,535 545 Other areas

Matungu 260 146,563 564 Other areas

Webuye 401 230,253 574 Other areas

Kimilili 556 320,300 576 Other areas

Gatundu South 192 114,180 594 Other areas

Juja 747 486,121 651 Other areas

Mumias 326 212,818 652 Other areas

Kandara 237 156,663 661 Other areas

Butere 210 139,780 666 Other areas

Nyeri Town 168 119,273 710 Other areas

Lurambi 417 297,394 713 Other areas

Khwisero 143 102,635 716 Other areas

Kanduyi 319 229,701 720 Other areas

Ikolomani 143 104,669 732 Other areas

Nyaribari Masaba 162 122,070 756 Other areas

Hamisi 189 148,259 784 Other areas


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Kitutu Masaba 253 199,136 788 Other areas

Bobasi 239 190,074 794 Other areas

South Mugirango 200 159,049 794 Other areas

Githunguri 175 147,763 843 Other areas

West Mugirango 180 159,673 887 Other areas

Bonchari 126 114,615 907 Other areas

Bomachoge 221 200,729 907 Other areas

Kisumu Town West 144 139,933 972 Other areas

Kitutu Chache 229 223,356 977 Other areas

Vihiga 90 91,616 1,018 Other areas

Emuhaya 173 185,069 1,070 Other areas

Nyaribari Chache 132 142,389 1,076 Other areas

Kabete 236 265,829 1,124 Other areas

Nakuru Town 263 309,424 1,179 Other areas

Sabatia 110 129,678 1,179 Other areas

Kiambaa 191 253,751 1,332 Other areas

Kisumu Town East 146 264,227 1,810 Other areas

Likoni 53 176,426 3,304 Other areas

Kisauni 113 405,930 3,602 Other areas

Sotik 555 187,968 4,444 Other areas

Changamwe 57 282,279 4,987 Other areas

Mvita 7 74,735 10,831 Other areas

TOTAL 581,313.2 38,610,097 66 Sparsely populated


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3.4 Methodology for Determination of 1450 County Assembly Wards4

Article 89 as read together with Article 179 of the Constitution emphasizes the principle of equitable representation under the devolved structure of Government. The Commission is expected to determine the number of County Assembly Wards into which the country shall be divided. In this respect, the Report of the Task Force on Devolved Government (TFDG) recommended 1,450 as the optimal number of elective County Assembly Wards in the country5. According to the Report of TFDG, each of the 290 constituencies is required to have a minimum of 3 and a maximum of 5 wards. The number of wards was determined using the number of constituencies in each County with the primary consideration for equity in representation in the County. The TFDG in effect proposed to reduce ward representatives from the current 3,465 including nominated councillors to about 2,000.

Article 89(3) of the Constitution gives the power to the Commission to periodically review the number, names and boundaries of wards. Unlike the Constituencies, the number of County Assembly Wards is not prescribed by the Constitution, and the Commission is expected to determine the number of County Assembly Wards.

The Commission took into consideration the principle of equitable representation under the devolved structure of Government and adopted the recommendations of the TFDG Report capping the number of County Assembly Wards at 1,450 as the optimal number for the country.The Commission considers this national limit plausible, as it will enable the respective Counties to effectively fulfil their representations and oversight functions.

Based on the provisions of Article 89(12) of the Constitution, the Commission computed the population quota for County Assembly Wards as follows =

National Population Quota for County Assembly Wards =

National Population as at 2009 Census = 38,610,097 = 26,628

Total Number of Wards 1,450

Step I – Determine the number of constituencies in a County;

Step II – Multiply the number of constituencies in a County by 5;

Step III – Determine the number of County Assembly Wards per constituency by dividing the constituency population by the County Population, and multiplying the result by the number of County Assembly Wards allocated to the County.

4 For purposes of the delimitation of County Assembly Wards, the Commission has construed the term ‘ward’ to mean “County Assembly Ward” as envisaged under Article 177 of the Constitution, and not the local authority wards.

5 Final Report of the Taskforce on Devolved Government, Volume I


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According to the recommendations of the TFDG, each of the 290 Constituencies should have between 3 and 5 County Assembly Wards. Using this proposal, the IEBC obtained the number of County Assembly Wards applicable to each Constituency by computing the proportion of the population of the constituency in relation to the total population of the County and multiplying by the number of County Assembly Wards which the County is entitled to (the Commission set this at the maximum, 5). This computation is based on a formula, which serves to maintain equality between County Assembly Wards and the number of voters.

Total Population of Constituency x Number of County Assembly Wards

Total Population of each County allocated to each County

Applying the above formula ensures that even the smallest County has adequate number of County Assembly Members to perform its functions, i.e. the higher the population of a constituency, the higher the number of County Assembly Wards. This approach takes cognisance of the inherent inequities in the populations of various counties and the imbalances in each constituency. This is because Counties were created by the Constitution without regard to their populations.

The Number of County Assembly Wards per County is obtained by multiplying the number of Constituencies in a County by the maximum number of County Assembly Wards in a Constituency (5), i.e.

Number of County Assembly Wards in a County = Number of Constituencies in a County x 5

Using the above computation, results in the allocation of the number of County Assembly Wards in each County in the Table below –

Table 7: Distribution of County Assembly Wards Per County

S/NO COUNTY POPULATION NUMBER OF CONSTITUENCIES

NUMBER OF COUNTY ASSEMBLY WARDS

1 MOMBASA 939,370 6 302 KWALE 649,931 4 203 KILIFI 1,109,735 7 354 TANA RIVER 240,075 3 155 LAMU 101,539 2 106 TAITA/TAVETA 284,657 4 207 GARISSA 623,060 6 308 WAJIR 661,941 6 309 MANDERA 1,025,756 6 30


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S/NO COUNTY POPULATION NUMBER OF CONSTITUENCIES

NUMBER OF COUNTY ASSEMBLY WARDS

10 MARSABIT 291,166 4 2011 ISIOLO 143,294 2 1012 MERU 1,356,301 9 4513 THARAKA-NITHI 365,330 3 1514 EMBU 516,212 4 2015 KITUI 1,012,709 8 4016 MACHAKOS 1,098,584 8 4017 MAKUENI 884,527 6 3018 NYANDARUA 596,268 5 2519 NYERI 693,558 6 3020 KIRINYAGA 528,054 4 2021 MURANG’A 942,581 7 3522 KIAMBU 1,623,282 12 6023 TURKANA 855,399 6 3024 WEST POKOT 512,690 4 2025 SAMBURU 223,947 3 1526 TRANS NZOIA 818,757 5 2527 UASIN GISHU 894,179 6 3028 ELGEYO/MARAKWET 369,998 4 2029 NANDI 752,965 6 3030 BARINGO 555,561 6 3031 LAIKIPIA 399,227 3 1532 NAKURU 1,603,325 11 5533 NAROK 850,920 6 3034 KAJIADO 687,312 5 2535 KERICHO 891,835 6 3036 BOMET 590,690 5 2537 KAKAMEGA 1,660,651 12 6038 VIHIGA 554,622 5 2539 BUNGOMA 1,375,063 9 4540 BUSIA 743,946 7 3541 SIAYA 842,304 6 3042 KISUMU 968,909 7 3543 HOMA BAY 963,794 8 4044 MIGORI 917,170 8 4045 KISII 1,152,282 9 4546 NYAMIRA 598,252 4 2047 NAIROBI CITY 3,138,369 17 85

TOTALS 38, 610,097 290 1450


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3.5 Other Constitutional Criteria in the Delimitation of BoundariesArticle 89 (5) of the Constitution stipulates other criteria in the delimitation process namely; geographical features and urban centres, community of interest, historical, economic and cultural ties, and means of communication.

3.5.1 Geographical Features, Urban Centres and Means of CommunicationThe Commission profiled natural geographical features to include: water bodies, topographical features such as valleys, mountains, cliffs and such other elevations that hinder human communication and activities. Urban areas were analysed on the basis of the classification of the 2009 Kenya National Bureau of Statistics (KNBS) to ascertain densities of human settlement and activities.

The criterion on the means of communication was analysed using the infrastructure such as roads, railways, airports and lake and sea port systems. The communication services such as; postal and courier services, access to and presence of fibre optic, TV and radio masts and landline and mobile telephony were analysed and factored in the final delimitation exercise.

3.5.2 Community of Interest, Historical, Economic and Cultural TiesDelimitation of electoral constituencies takes into account the importance of creating constituencies or electoral areas that correspond as closely as possible to community of interest. The community of interest assures that electoral units are cohesive with common interests related to representation in the county and national governments.

In the delimitation exercise, the Commission analysed community of interest using the public forums and memorandum on the basis of literature review on the economic activities prevalent in the electoral area. This included socio-economic infrastructure such as schools, hospitals and clinics, recreational areas, agro-processing factories, plants, economic installations, abattoirs, water infrastructure and reservoirs, grazing lands and market centres.

Historical ties analysis was centred on, among other things, the history of the particular electoral area, the origins of names of the area, cultural ties of the residents and the presence of significant cultural heritage and monuments.


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4.1 Observations

The IEBC presented the Preliminary Report to the public between the 9th and 30th January 2012 in accordance with Paragraph 3(2) of the Fifth Schedule. During this period, the Commission facilitated public consultations at constituency and county levels. Throughout this exercise the Commission observed the following –

• Public awareness: That many Kenyans needed greater awareness and understanding of the constitutional parameters for delimitation and the special circumstances of the First Review.

• Redistricting: Members of the public were critical of the alteration of boundaries of constituencies and wards even where the primary objective was to ensure compliance with the constitutional parameters. This explains the trend in the public presentations and memorandum reflecting what is largely ethnic and clan ties. In many cases, the public were unwilling to accept alteration of boundaries based on the constitutional parameters.

• Electoral boundaries: Electoral boundaries are delimited for the primary purpose of ensuring effective representation. However, there is a general perception that delimitation of electoral boundaries is linked to resource allocation.

• Alignment of electoral boundaries to administrative units: Although the Constitution does not expressly provide for alignment of electoral boundaries to administrative units, Kenyans did not make a distinction of the scope of the current review to be limited to delimitation of boundaries of constituencies and wards. This was influenced by the general trend that resource allocation and access to government services is linked to administrative boundaries and electoral boundaries.

• Representation: The implication of constituencies and County Assembly Wards to the allocation of proportional representation seats based on the Party Lists under Article 90 of the Constitution led to heightened interest for additional seats.

Chapter Four

Observations, Recommendations and Conclusions

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4.2 Recommendations

County Boundaries

During the process of collecting views on the Preliminary Report, the Commission was faced with issues regarding disputes on the County boundaries. The Commission recommends that Parliament sets up a legal framework for resolution of such disputes as provided for under Article 188 of the Constitution.

Administrative Boundaries and Local Authority Electoral Units

Although the Constitution does not expressly stipulate that electoral boundaries are aligned to administrative units, Parliament should establish a framework to align administrative boundaries to the electoral units as was the case under the former constitutional dispensation.

County Assembly Wards

The Commission is mandated by Article 89(3) of the Constitution to periodically review the number, names and boundaries of wards. It is therefore recommended that any Government agency desiring to determine the number of wards should consult the Commission.

Representation of Marginalized Groups

Boundaries delimitation does not resolve the issues regarding representation of marginalized groups. Parliament should, in considering this Report address ways of ensuring conformity with the principles of representation as envisaged under Article 100 by enacting legislation that promotes representation of ethnic minorities and marginalised communities in Parliament and County Assemblies.

Geographical Limits

Parliament should consider setting minimum and maximum limits for geographical area for Constituencies to allow effective representation.

Enumeration Areas

Kenya National Bureau of Statistics (KNBS) should, where possible, align the enumeration units used during national census exercise to the electoral units.

National Data

IEBC recommends that Parliament sets up a mechanism to allow for a national database and data sharing for all Government agencies.

Chapter 4 | Observat ions, Conclusions And Recommendations

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Civic Education

The Commission recommends concerted effort towards enhancing public awareness on the Constitution.

4.3 Conclusions

The Revised Preliminary Report presented to the National Assembly in accordance with Article 89(7) of the Constitution and section 3(d) of the IEBC Act, provides a mechanism for a structured consultation with the National Assembly. In its deliberations, the National Assembly may be guided by the following considerations –

• the limited mandate of the IEBC in concluding the First Review in accordance with the IEBC Act;

• through many presentations and memorandum Kenyans expressed the need to have more constituencies and wards but this would not be granted due to the limited numbers of constituencies and County Assembly Wards;

• the limited statutory timeframe does not allow for further consultations to achieve broader consensus on the process;

• the protected constituencies in the First Review does not allow for strict compliance with the constitutional criteria when delimiting constituency boundaries.

Chapter 4 | Observat ions, Conclusions And Recommendations

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ANNEX I: FIFTH SCHEDULE OF THE IEBC ACT, 2011

FIFTH SCHEDULE

(s. 36)

PROVISIONS RELATING TO THE FIRST REVIEW

Resolution of issues arising from the first review

1. The Commission shall resolve all issues arising from the first review relating to the delimitation of boundaries of constituencies and wards and publish its final report within a period of four months of the date of its appointment under this Act.

Reference materials

2. (1) The Commission shall, in addressing the issues arising out of the first review –

(a) use as its primary reference material the report of the former Boundaries Commission on the first review as adopted by the National Assembly; and

(b) use as its secondary reference material the report of the Parliamentary Committee on the report of the former Boundaries Commission on the first review.

(2) The issues arising out of the first review are -

(a) re-distribution of such wards or administrative units in the affected constituencies as may be appropriate;

(b) subject to the Constitution, addressing issues of new constituencies falling outside the population quota as

provided for by Article 89(6) of the Constitution but at the same time ensuring that such a process shall –

(i) take into account the provisions of Article 89(7)(b) of the Constitution that requires progressive efforts and not instant demographic equality of all towards attaining the population quota in each constituency and ward for the purposes of the first review;

(ii) not be subject to new definitions of cities, urban areas and sparsely populated areas or to new population figures;

(iii) be subject to the use of enumerated national census figures and not projected figures.

Annex

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(c) addressing the issue of progressively advancing towards the population quota in protected constituencies in relation to neighboring constituencies where appropriate.

Delimitation of electoral units

3. (1) The Commission shall prepare and publish a preliminary report outlining –

(a) the proposed delimitation of boundaries for constituencies and wards; and

(b) the specific geographical and demographical details relating to such delimitation.

(2) The Commission shall ensure that the preliminary report is made available to the public for a period of twenty-one days and invite representations from the public on the proposals contained in the report during that period.

(3) Upon the expiry of the period provided in sub-paragraph (2), the Commission shall, within fourteen days, review the proposed delimitation of boundaries considering the views received under that sub-paragraph and submit the revised preliminary report of proposed boundaries to the Parliamentary Committee.

(4) The Parliamentary Committee shall, within fourteen days of receipt of the revised preliminary report under sub-paragraph (3), table the revised preliminary report to the National Assembly together with its recommendations.

(5) The National Assembly shall, within seven days of the tabling of the revised preliminary report, consider the revised report and forward its resolutions to the Commission.

(6) Within fourteen days of the expiry of the period provided for in subparagraph (5), the Commission shall, taking into account the resolutions of the National Assembly under sub-paragraph (5), prepare and submit its final report outlining the matters set out in sub-paragraph (1)(a) for publication in the Gazette.

(7) Where the National Assembly fails to make a resolution within the period specified in sub-paragraph (5), the Commission shall proceed to publish its report in accordance with subparagraph (6).

Annex

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(8) Any person who, being responsible for the publication in the Gazette of the final report submitted under this paragraph fails to publish the report within the time required by the Commission after the report has been submitted to that person, commits an offence and is liable to imprisonment for a term of one year.

(9) Notwithstanding any other written law, where the final report is not published in accordance with the provisions of sub-paragraph (6) the Commission shall, within seven days of the submission of the said report, cause the report to be published in at least two dailies of national circulation and such publication shall have effect as if it were done in the Gazette.

Review of decision of Commission

4. A person may apply to the High Court for review of a decision of the Commission made under the Constitution and this Act.

Application for review

5. An application for the review of the decision made under paragraph 4 shall be made within thirty days of the publication of the decision in the Gazette and shall be heard and determined within thirty days of the date on which it is filed.

Sensitization on the proposed boundaries

6. The Commission shall, upon publication of the boundaries referred to in paragraph 3 facilitate sensitization of the public on the boundaries for a period of thirty days.

Maintenance of records

7. The Commission shall ensure that all documents, materials, publications, reports and recommendations arising from the delimitation process are maintained in a form that is accessible and usable by members of the public.

Annex

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A. RADIO STATIONS:

Nairobi/ National

1. Citizen Radio

2. Radio Waumini

3. Kiss FM

4. Classic FM

5. Radio Jambo

6. East FM

7. Hope FM

8. Milele FM

9. Capital FM

10. KBC Nosim FM

11. KBC Kiswahili (Radio Taifa)

12. KBC Regional services (15 dialects)

13. KBC English

14. Radio Maisha

15. Radio Umoja

16. One FM

17. Q FM

18. Easy FM

19. Biblia Husema

20. Radio 316

21. Ghetoo

22. Home Boyz Radio

23. IQRA FM

Coast

1. Baraka FM

2. Bahari FM

3. Radio Kaya

4. Radio Rahma

5. Pwani FM

6. Sheki FM

7. Mwanedu

8. Sifa FM stations 4 (Voi, Maata, Garissa and Marsabit FM)

9. Radio Salaam

10. Anguo FM

Mt. Kenya

1. Inooro FM

2. Coro FM

3. Wimwaro FM

4. Muuga FM

5. Mwariama FM

6. Kameme FM

Lower Eastern

1. Musyi FM

2. Mbaitu

ANNEX II: MEDIA USED FOR PUBLIC AWARENESS

Annex

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3. Syokimau FM

4. ATG Radio

Upper/North Eastern

1. Wajir Community Radio

2. Frontier FM

3. Star FM Somali

4. Star FM Borana

5. Risala FM

Rift Valley

1. Sauti ya Mwananchi

2. Chamgei FM

3. KBC Kitwek

4. KBC Mayenga

5. Kass FM

6. Sayare FM

7. Radio Akitcha

Western

1. Mulembe FM

2. Radio Mambo

3. West FM

4. Kisima FM

Nyanza

1. Ramogi

2. KBC Minto

3. Radio Nam Lolwe

4. Radio Sahara

5. Egesa FM

6. Radio Lake Victoria

B. TV STATIONS:

1. KTN

2. CITIZEN

3. NTV

4. KBC

5. K24

6. KISS

C. PRINT MEDIA

1. NATION

2. STANDARD

3. STAR

4. THE PEOPLE

Annex

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the revised preliminary report of the proposed … · report of the proposed boundaries of...

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