Act No: CAP. 7C
Act Title: INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE NATIONAL ASSEMBLY CONSTITUENCIES AND COUNTY ASSEMBLY WARDS ORDER
1.

This Order may be cited as the National Assembly Constituencies and County Assembly Wards Order.
2.

The Parliamentary Constituencies Review Order, as appearing in Legal Notice No. 298 of 1996 is hereby revoked.
3.

Pursuant to Article 89(1) of the Constitution, there shall be two hundred and ninety constituencies for the purposes of the election of the members of the National Assembly provided for in Article 97(l)(a).
4.

This Order determines the number, names and delimitation of boundaries for constituencies and county assembly wards; and the specific geographical and demographical details relating to such delimitation.
5.

The attached Schedule outlines the number and the name of the counties, constituencies and county assembly wards, the population based on the 2009 Kenya National Population and Housing Census, the surface area of the constituencies and county assembly wards in square kilometres and the description of the county assembly wards made up of sub-locations based on the 2009 Kenya National Population and Housing Census.
6.

Pursuant to Article 89(9) of the Constitution and Paragraph 3(6) of the Fifth Schedule of the Independent Electoral and Boundaries Commission Act, this Order shall have effect from 7th March, 2012.
THE INDEPENDENT ELECTORAL BOUNDARIES COMMISSION (FUND) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation
2.

Interpretation
3.

Preparation of financial estimates
4.

Bank accounts
5.

Investment of funds
6.

Administration of the Fund
7.

Publication of pre and post-election financial status of the Fund
8.

General guidelines on management of the Fund
9.

Internal audit
10.

Records

THE INDEPENDENT ELECTORAL BOUNDARIES COMMISSION (FUND) REGULATIONS
1.
Citation

These Regulations may be cited as the Independent Electoral and Boundaries Commission (Fund) Regulations.
2.
Interpretation

In these Regulations, unless the context otherwise requires—

“Cabinet Secretary” means the Cabinet Secretary appointed under Article 152;

“Commission” means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;

“Fund” means the Independent Electoral and Boundaries Commission Fund established under section 18 of the Act;

“secretary” means the secretary to the Commission appointed in accordance with Article 250 (12) of the Constitution.
3.
Preparation of financial estimates
(1)

The secretary shall, before the approval of the annual estimates prepared under section 21 of the Act, lay the proposed annual estimates before the Commission for approval.
(2)

The annual estimates referred to under sub-regulation (1) shall—

(a)

specify the recurrent and development expenditure of the Commission; and
(b)

itemise every activity that the Commission intends to undertake in that financial year.
(3)

The annual estimates shall make provision for all estimated expenditure of the Commission for the financial year, and, in particular, shall make provision for—

(a)

the payment of salaries, allowances, pension gratuities, and other charges in respect of the staff of the Commission;
(b)

proper maintenance of the buildings and grounds of the Commission; and
(c)

the maintenance, repair and replacement of the utilities, equipment and other property of the Commission.
(4)

The annual estimates shall be approved by the Commission before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and thereafter the Commission shall not increase or decrease the annual estimates except with the authority of the Cabinet Secretary.
(5)

The secretary may prepare supplementary estimates for approval by the Commission.
4.
Bank accounts

The Commission shall open a bank account for the funds of the Commission into which all moneys received by the Commission shall be paid in the first instance and out of which all payments made by the Commission shall be made.
5.
Investment of funds
(1)

The Commission may invest any of its funds in securities in which for the time being trustees may by law invest in trust funds, or in any other securities which the Treasury may, from time to time, approve for that purpose.
(2)

The Commission may place or deposit with such bank or banks as it may determine, any moneys not immediately required for the purposes of the Commission.
6.
Administration of the Fund
(1)

In addition to the functions and responsibilities assigned under section 18(3) of the Act, the secretary shall be responsible for—

(a)

the supervisory control and maintenance of proper accounting standards, systems, procedures and records for the accountability, custody, safeguarding and reporting of all monies received into the Fund;
(b)

accounting for the receipts and expenses of the Fund;
(c)

preparing and implementing the estimates of the Commission;
(d)

allocation of funds to the activities of the Commission in accordance with the approved estimates; and
(e)

monitoring and evaluating the expenditures by the Commission.
(2)

The secretary may, in writing, delegate any of the functions for which the funds are appropriated, to a competent person.
(3)

The secretary shall ensure that money held in the Fund is spent only for the purposes for which the Fund is established.
7.
Publication of pre and post-election financial status of the Fund
(1)

Whenever there is a general election, the secretary shall—

(a)

at least six months before the polling day, prepare and publish a pre-election status report of the Fund specifying—

(i) the total monies allocated for the general election;
(ii) the sources of the moneys received in to the Fund;
(iii) the projected expenditure, specifying each activity; and
(iv) any other monies in the Fund; and
(b)

not later than two months after the polling day, prepare and publish a postelection status report of the Fund specifying—

(i) each activity and the money* spent on the activity;
(ii) the total monies spent on the general election;
(iii) the variation between the projected expenditure and actual expenditure specifying the expenditure on each activity; and
(iv) any other expenditure incurred by the Commission.
(2)

The pre-election and post election status report of the Fund referred to under sub-regulation (1) shall be submitted to the Treasury at least five months before the polling day of a general election, and at least three months after the polling day of a general election, respectively.
(3)

The secretary may, in the case of a presidential election that is not held during a general election or a referendum, publish and, in consultation with the Treasury, submit the pre-election and post-election status report referred to in this Regulation within a shorter period than the period specified in sub-regulations (1) and (2).
8.
General guidelines on management of the Fund

Subject to the provisions of any other law relating to public funds, the Commission may from time to time, set general guidelines, conditions and requirements for the management of the Fund including—

(a)

the criteria for the disbursement of monies from the Fund to any programme or activity of the Commission;
(b)

the rules and procedures related to the disbursement and management of funds;
(c)

the funding needs to support the objectives of the Fund; and
(d)

any other issue related to the operation of the Fund.
9.
Internal audit

The Fund shall be audited internally by auditors duly appointed by the Commission.
10.
Records

The secretary shall maintain records, including records in electronic form, of all information relating to the administration of the Fund.
THE INDEPENDENT ELECTORAL BOUNDARIES COMMISSION (STAFF CAR LOAN SCHEME) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation
2.

Rules of Procedure
3.

In the event of contradiction, or omission
4.

Interpretation
5.

Application
6.

Establishment of the Scheme

7.

Purpose of the Scheme

8.

Capital of the Scheme

9.

Establishment of the Staff Car Loan Advisory Committee
10.

Tenure of the Committee

11.

Management of Car Loan Scheme

12.

Appointment of service provider
13.

Purpose of the loan
14.

Thresholds
15.

Application for loan
16.

Condition for Disbursement of Funds
17.

Loan repayment
18.

Interest on loans
19.

Utilization of Interest Accrued
20.

Insurance of motor vehicle
21.

Default in repayment
22.

Liaison Office and Secretariat
23.

Responsibilities of the service provider
24.

Supplementary terms
25.

Amendment to Regulations.

SCHEDULES

SCHEDULE —

THRESHOLDS FOR MAXIMUM LOAN DISBURSEMENTS

THE INDEPENDENT ELECTORAL BOUNDARIES COMMISSION (STAFF MORTGAGE SCHEME) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation
2.

Regulations
3.

In the event of contradiction, or omission
4.

Interpretation
5.

Application
6.

Establishment of the Scheme
7.

Objective of the Scheme
8.

Capital of the Scheme
9.

Establishment of the Mortgage Advisory Committee
10.

Tenure of the Committee
11.

Management of the Scheme
12.

Appointment of Service Provider
13.

Utilization of loan monies
14.

Disbursement of loans for the purchase of Land and/or Development
15.

Application for loan
16.

Leasehold property
17.

Threshold for maximum loan disbursement
18.

Repayment of loan
19.

Interest on loans
20.

Lien under loan property
21.

Mortgage insurance
22.

Custody of documents
23.

Default in repayment
24.

Administration of the Scheme
25.

Utilization of interest accrued
26.

Responsibilities of the Service Provider
27.

Financing or development partnership
28.

Supplementary terms
29.

Amendment to Regulations

SCHEDULES

SCHEDULE —

THRESHOLD FOR MAXIMUM MORGAGE LOAN

THE INDEPENDENT ELECTORAL BOUNDARIES COMMISSION (STAFF MORTGAGE SCHEME) REGULATIONS
1.
Citation

These Regulations may be cited as The Independent Electoral and Boundaries Commission (Staff Mortgage Scheme) Regulations.
2.
Regulations

These Regulations are made in line with the Independent Electoral and Boundaries Commission Act, the Public Finance Management Act (Cap. 412A), and the Salaries & Remuneration Commission Circular No. SRC/ADM/CIR/1/13 Vol. III (128) of 17th December, 2014.
3.
In the event of contradiction, or omission

In the event of contradiction, or omission between these regulations and the Salaries & Remuneration Commission Circular No. SRC/ADM/CIR/1/13 Vol. III (128) of 17th December, 2014, the SRC regulations shall prevail.
4.
Interpretation

In these Regulations, unless the context otherwise requires—

“Borrower/applicant” means a member of staff or Secretary to the Commission in receipt of a loan out of the Scheme;

“Commission” means the Independent Electoral and Boundaries Commission established under the Independent Electoral and Boundaries Act (Cap. 7C);

“Committee” means the Staff Mortgage Advisory Committee of the Scheme established under Regulation 9 of these Regulations;

“Equity release” means a loan facility to assist property owners to obtain cash from value of their residential property;

“Financial Year” means the period of twelve months ending on the 30th June of each year;

“Fund Accountability Statement” means the basic financial statement to be audited that presents Scheme's revenues, costs incurred, cash balance of the provided funds (after considering reconciling items), and assets and technical assistance directly procured by Committee through the Supply Chain Management Department for Scheme's use. All currency amounts in the fund accountability statement, must be stated in Kenya shillings;

“Scheme” means The Independent Electoral and Boundaries Commission Staff Mortgage Scheme established by Regulation 4;

"Loan” means a loan borrowed by member of staff for the objective as set out under Regulation 5;

“Member of Staff” means staff of the Commission as defined under Section 11 and 18(2)(a) of The Independent Electoral and Boundaries Commission Act (Cap. 7C);

“Liaison Office” means a competent office nominated by the Committee to administer the Scheme on its behalf;

“Loan” means a loan borrowed by member of staff for the objective as set out under Regulation 7;

“Service Provider” means a financial institution appointed by the Committee;

“Spouse” means the person declared by the member in his/her employment records;

“Residential Property” means a residential house, land, or an existing residential house whose improvement is under loan from the Scheme. It is a property which must be a residential status as per the existing laws and for use as dwelling place for the officer and/or his family;

"Valuer” means a person registered as a Valuer under section 12 of The Valuers Act (Cap. 532).
5.
Application

These Regulations shall apply to the Commission Secretary and members of staff.
6.
Establishment of the Scheme

There is hereby established a Scheme to be known as the Independent Electoral and Boundaries Commission Staff Mortgage Scheme.
7.
Objective of the Scheme

The objective of the Scheme established shall be to provide a loan scheme for members of staff for purchase of an existing residential property; purchase of land and construction; construction; Renovation and improvement of an existing residential property; takeover of loans on existing mortgages or equity release.
8.
Capital of the Scheme
(1)

The initial capital of the Scheme shall be as per the funds allocated to the Commission from the budget appropriated by National Assembly Financial Year and such other funds as may be voted for the purposes of the Scheme in subsequent financial years.
(2)

All the monies of the Scheme shall be paid into an account operated by the Liaison Officer or a Service provider appointed under these Regulations.
9.
Establishment of the Mortgage Advisory Committee
(1)

The Commission Secretary/CEO of the Commission shall appoint members of the Staff Mortgage Advisory Committee who will oversee the implementation and administration of the Scheme.
(2)

The Committee shall comprise of the three (3) Heads of Directorates and six (6) other members of staff appointed by the Chief Executive Officer.
(3)

The Committee shall meet at least once a month.
(4)

The Chief Executive Officer shall appoint from among the Committee Membership a chairperson, a Vice Chairperson and the secretary to the Committee.
(5)

The Membership of the Committee shall nominate, amongst themselves a Liaison Office.
(6)

The Liaison Office shall undertake the duties enlisted in Regulation 21 in addition to liaison with the Service Provider.
(7)

The quorum for a meeting of the committee The quorum for a meeting of the committee shall be 50% + 1 members.
(8)

The chairperson shall convene and preside over meetings of the Committee and in the absence of the chairperson; the vice chairperson will preside over meetings of the Committee.
(9)

The decision of the Committee shall be by simple majority and in the case of a tie; the chairperson shall have a casting vote.
10.
Tenure of the Committee
(1)

The Mortgage Advisory Committee except as declared in (2) below, shall serve on a renewal term of three (3) years.
(2)

The Secretariat shall be a permanent Member of the Committee.
11.
Management of the Scheme
(1)

The administration of the Scheme shall be by the Staff Mortgage Advisory Committee thorough a Liaison Office and a Service Provider.
(2)

The functions and duties of the Staff Mortgage Advisory Committee shall be to—

(a)

select the service provider for the administration of the Scheme on its behalf;
(b)

liaise with the service provider to set up a revolving fund for the disbursement of the loans;
(c)

supervise the day-to-day running of the Scheme;
(d)

forward the successful applications with recommendations to the Service Provider for approval;
(e)

process applications for loans in accordance with the existing terms and conditions of borrowing.
12.
Appointment of Service Provider

The Committee shall use competitive criteria to select one or more service providers to administer the scheme on its behalf.
13.
Utilization of loan monies
(1)

A loan obtained under these Regulations shall be solely utilized for:– the purchase of an existing residential property; purchase of land and construction; construction; Renovation and improvement of existing residential property; takeover of loans on existing mortgages or equity release.
(2)

A loan for the development of residential property may be granted to a member of staff who is in possession of a title deed to the land on which the development is intended to be carried out provided that the title deed is held either individually or jointly with the spouse.
(3)

A member of staff who wishes to apply for a loan for renovation and improvement of residential property, takeover loans or equity release, shall be required to provide necessary documents.
14.
Disbursement of loans for the purchase of Land and/or Development
(1)

A loan to be granted to a state officer who is in possession of a title deed due to the land on which the development is to be carried out, shall be at the discretion of the Committee.
(2)

The first disbursement shall be based on twenty five per cent (25%) of the cost of construction.

Provided that the cost of construction shall not exceed the maximum funding due to the borrower under these Regulations or twice the open market value of the land on which the residential property is proposed to be constructed, whichever is less.
(3)

A loan granted under these Regulations shall be funded at the rate of ninety per cent (90%) of the value of the property but shall not exceed the maximum loan threshold set in the Schedule and this shall be based on the ability to pay, and repaid by check off system.
(4)

The subsequent disbursements shall be based on the rate of completion of the various phases of development as certified by a valuer, registered as such under the Valuers Act (Cap. 532) at the cost of the borrower.
(5)

Prioritization of the loan shall be on "first come first served" basis where "first" means the first person who meets all the requirements.
(6)

The Committee shall from time to time undertake due diligence.
15.
Application for loan
(1)

A member of staff who wishes to apply for a loan from the Fund shall make such application to the officer administering the Fund in such a manner as the Committee may prescribe.
(2)

An application for a loan for land and construction purposes shall be accompanied by the following documents—

(a)

copies of designs by a registered architect of the proposed residential property duly approved by the County authority within whose area it is to be situated;
(b)

bills of quantities in respect of the proposed development, renovation or repair;
(c)

an official search of the title to the land on which the property lies or is intended for construction;
(d)

a certified copy of the sale agreement relating to the property;
(e)

a proof of availability of ten percent (10%) of the value of the property;
(f)

letter of offer; and
(g)

any other document that the Committee may require for the purpose of determining the application.
(3)

The borrower shall bear the costs of stamp duty, transfer fees, legal fees and other related charges.
(4)

The balance to the full value of the properly, the stamp duty, the transfer fee and other related charges shall be paid by the borrower into the Fund Account.
(5)

The Committee may, where it deems appropriate, recommend the appointment of an advocate to act on its behalf in respect of transactions relating to the property under these Regulations.
16.
Leasehold property

Where the property intended to be purchased through a loan from the Fund is leasehold property, no loan shall be granted unless the expiry date of such lease is at least forty-five (45) years from the date the loan is granted.
17.
Threshold for maximum loan disbursement
(1)

The thresholds for maximum loan disbursements shall be as outlined in the Schedule and shall be subject to review from time to time.
(2)

For a member of staff to qualify for a loan, such member of staff shall be required to be—

(a)

confirmed in appointment; or
(b)

be either on contract or permanent and pensionable terms of service;
(c)

loans granted will be subject to 2/3rd rule whereby the employee, shall not commit more than 2/3 of his monthly basic salary after the deduction of the mortgage loan.
(3)

A loan granted to a borrower under these Regulations shall be funded at the rate of hundred percent of the value of the property subject to the entitlement of the borrower.
(4)

Where the officer intends to purchase or acquire a property whose value exceeds the limits as set in Schedule (i), and he/she is able to demonstrate the ability to meet the difference, the officer shall meet the difference before the disbursements.
18.
Repayment of loan
(1)

A loan granted under these Regulations shall be repayable in monthly installments plus interest within a maximum period of 20 years.
(2)

Where a public officer leaves public service employment for whatever reason other than disciplinary grounds, the terms of the loan remains in force and does not change for the life of the loan unless in cases of default in which case it reverts to commercial terms.
(3)

A borrower may give prior authority in writing for his pension or gratuity dues to be utilized to clear any outstanding debt in case the borrower retires or contract ends before fully repaying the loan.
(4)

The repayment shall be through the payroll check-off system.
19.
Interest on loans
(1)

The interest payable on a loan shall be at the rate of three per centum (3%) per annum on a monthly reducing balance or such other rate as may from time to time be determined by the Cabinet secretary in a Gazette Notice.
(2)

The Fund or where applicable, the financial institution refereed to under these regulations may charge administration fees for not more than three per centum (3%) of the value of the loan to cover its management costs.
(3)

The interest charged under paragraphs (1) of this regulation shall be met by the borrower and shall be committed to settle the 3% administration fee.

[ L.N. 8/ 2020, r. 2 ]
20.
Lien under loan property
(1)

The Service Provider shall register a charge on the property financed through a loan granted under these Regulations and property such charge shall impose an obligation on the borrower.
(2)

The borrower shall—

(a)

not mortgage, charge, surrender the lease, or sell or agree to sell or part with possession of the charged property or any part thereof without the prior written consent of the Committee;
(b)

meet and pay all rates, rents, stamp duty, legal fees, valuation costs, insurances and any other outgoings in respect of the properly and send the proof of such payments to the Committee; and
(c)

provide a transfer deed duly signed by the borrower and a letter authorizing the Committee to facilitate the sale of the property in case of default in payment.
(3)

All residential properties purchased or developed through the Scheme shall be of such standards and constructed of permanent material.
(4)

During the loan repayment period, every borrower shall—

(a)

ensure that the property is used for residential purposes only;
(b)

maintain the property in a satisfactory state of repair; and
(c)

not alter or make any structural alteration that may diminish the value of the property or the title thereto, as the case may be, without the approval of the Committee.
(5)

No borrower shall be eligible for more than one mortgage loan at a time.
(6)

All legal documentation and disbursement of funds shall be supervised by the Liaison Office.
21.
Mortgage insurance

A borrower shall take out and maintain a mortgage protection policy and a fire policy with an insurance firm approved by the service provider, the cost of which shall be paid out of the Scheme and debited in such borrower's account.
22.
Custody of documents

The originals of all documents relating to property financed by a loan from the Scheme shall be kept in safe custody by the Service Provider and copies kept at the Liaison Office.
23.
Default in repayment
(1)

Where a borrower defaults in the repayment of the loan for a period of six consecutive months the Committee shall repossess or authorize the service provider to sell the property at the prevailing market price and the proceeds there from shall be credited to the mortgagee account to defray the outstanding loan and any excess amount will be refunded to the mortgagee.
(2)

Where a borrower ceases to be a member of staff before full loan repayment, the terms of the loan remain in force and does not change for the life of the loan unless in cases of default for a period of six consecutive months in which case it reverts to commercials terms.
24.
Administration of the Scheme

The Liaison Office shall—

(a)

open and manage a bank account for the Scheme;
(b)

supervise the administration of the Scheme;
(c)

cause to be kept books of account and other records in relation to the Scheme of all the loans financed from the Scheme;
(d)

furnish such information regarding the administration of the Scheme as may be required for examination and audit by the Auditor-General or under any law;
(e)

designate or appoint such staff as may be necessary to assist in the administration of the Scheme and may require such staff to carry out such inspections as may be necessary to verify any information submitted under these Regulations.
25.
Utilization of interest accrued

The Committee shall provide guidelines on how to utilize the interest accruing thereto to defray operating expenses, and may impose any reasonable restriction or other requirements concerning such use.
26.
Responsibilities of the Service Provider

The responsibilities of the service provider, if any, appointed under these Regulations shall be—

(a)

to operate individual accounts for each borrower, which shall among others provide details of recoveries of the loan;
(b)

to charge security on properties acquired through loans from the Scheme to protect the interest of the Scheme and act as custodian of such charges;
(c)

to disburse payments for all approved loans to borrowers, after the necessary documentation is completed by the Committee;
(d)

to pay all outgoings and issue demand notices where necessary to members through the Liaison Office;
(e)

upon repayment of the loan, interest and other expenses which may be outstanding, to discharge the charge and release the security documents to the borrower;
(f)

upon default, to call in the loan and on behalf of the office administering the Scheme sell the charged property by public auction or private treaty in which event the Scheme shall meet any shortfall between the loan outstanding and the proceeds of sale;
(g)

perform the necessary due diligence;
(h)

provide borrower statement and a monthly report on the movement of the Scheme to the Committee;
(i)

perform such other duties as may be assigned to it from time to time by the Committee.
27.
Financing or development partnership

The Service Provider may enter into a viable financing or development partnership with a legal entity for the purposes implementing the objectives of the Scheme.
28.
Supplementary terms

These Regulations shall be supplemented by such terms as may, from time to time, be detailed in the application form developed and supplied by the Committee and in the contract between the service provider if any and the Committee.
29.
Amendment to Regulations

The Staff Mortgage Advisory Committee may from time to time recommend to the Management any amendment to these Regulations.

SCHEDULE

THRESHOLD FOR MAXIMUM MORGAGE LOAN

Job Grade/Designation

Maximum Mortgage Loan(KSh.)

Commission Secretary/CEO

25 Million

IEBC Grade 2 and 3 (DCSs and Directors)

20 Million

IEBC Grade 4, 5 and 6 (Managers, Asst. Managers, Senior Officers and Officers)

15 Million

IEBC Grade 7 and 8 (Asst. Officers)

10 Million

IEBC Grade 9 (Drivers)

6 Million

IEBC Grade 10 (Support Staff)

4 Million

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