INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC)

ELECTORAL CODE OF CONDUCT

The Commission in pursuance to the provisions of section 110 (1)-(6) of the Elections Act, 2011 wishes to NOTIFY every political party, Independent
Candidate and every person participating in an election or referendum under the Constitution and the Elections Act shall subscribe to and observe
the Electoral Code of Conduct as set out in the Second Schedule to the Elections Act as stated below:

(1) Every political party and every person who participates in an election or referendum 4. All registered political parties and other persons bound by this Code shall
under the Constitution and this Act shall subscribe to and observe the Electoral endeavour to promote the object of the code to enable free political campaigning
Code of Conduct set out in the Second Schedule in such manner as the and open public debate to take place in all parts of Kenya during an election
Commission may, subject to paragraph 6 of that Schedule, determine. period.

(2) A political party that is eligible to nominate candidates under the Constitution, this 5. Registered political parties, referendum committees, officials of political parties
Act or any other written law shall not be eligible to contest in any election unless the and referendum committees and candidates do, by subscribing to this Code,
political party and the candidate have subscribed to the Electoral Code of Conduct further commit themselves to—
referred to in subsection (1).
(a) adhere to the values and principles of the Constitution;
(3) Every officer of a political party or a referendum committee which, and every (b) give wide publicity to this Code;
nominated candidate who, attempts to participate in or participates in an election (c) promote voter education campaigns;
or referendum without subscribing to the Electoral Code of Conduct commits an (e) instruct their candidates, office-bearers, agents, members and persons who
offence and is liable on conviction to a fine not exceeding one million shillings or to support the political party of their obligations under this Code;
imprisonment for a term not exceeding six years or to both. (f) promote gender equality;
(g) promote ethnic tolerance;
(4) Any person who contravenes the Electoral Code of Conduct commits an offence. (h) promote cultural diversity;
(i) promote the fair representation of special interest groups;
(5) The trial of an offence under this section shall be without prejudice to any (j) generally affirm the rights of all participants in an election to–
proceedings in or consequent upon a petition.
(i) express divergent political opinions;
(6) Subject to the provisions of the Criminal Procedure Code, the Commission may (ii) debate and contest the policies and programmes of other parties;
designate any of its officers to conduct any prosecution for an offence under this (iii) canvass freely for membership and support from voters;
Act and the Electoral Code of Conduct, and such officer shall, for that purpose, (v) attend public meetings convened by others;
have all the powers conferred upon a public prosecutor by the Constitution and the (vi) distribute non-offensive electoral literature and campaign materials;
Criminal Procedure Code. (vii) publish and distribute non-offensive notices and advertisements;
(viii) erect non-offensive banners, placards and posters;
SECOND SCHEDULE TO THE ELECTIONS ACT, 2011 (ix) remove all banners, placards and posters erected during the
ELECTORAL CODE OF CONDUCT election period;
(x) promote free electoral campaigns by all lawful means; and
1 This Code shall be subscribed to by— (xi) co-operate with the Commission and the relevant Government
(a) every political party participating in the election of a president, a member of agencies and other authorities in the investigation of issues and
Parliament, a county governor, a member of a county assembly; allegations arising during the election period.
(b) every candidate; and
(c) every leader, chief agent, agent or official of a referendum committee. 6. All those bound by this Code shall, throughout an election period –

(2) This Code shall, in so far as it is applicable, bind the Government and every (a) publicly and repeatedly condemn violence and intimidation and avoid the use
political party, leader, office bearer, agent and member of a political party or a of hate speech, languageor any kind of action which may lead to violence
or intimidation, whether to demonstrate party strength, gain any kind of
person who supports a political party, and every candidate nominated under the
advantage, or for any other reason;
electoral laws for any election.
(b) refrain from any action involving violence or intimidation;
(3) All registered political parties and referendum committees shall execute this
(c) ensure that no arms or weapons of any kind are carried or displayed at
Code through the hand of their respective registered officials to signify their
political meetings or any march, demonstration or other event of a political
acceptance to be bound by the provisions of this Code and their commitment to
nature;
strive to ensure that their members and any person who supports the political
party abide by the code at all stages of elections and referendum.
(d) refrain from campaigning in places of worship or during burial ceremonies;
(e) co-operate and liaise in good faith with other parties to avoid organizing public
2. In this Code, unless the context otherwise requires-
meetings, demonstrations, rallies or marches to take place at the same time
and venue as similar political events organized by other parties;
“Committee” means the Electoral Code of Conduct Enforcement Committee;
(f) do nothing to impede the right of any party, through its candidates, canvassers
and representatives, to have reasonable access to voters for the purposes
“electoral area” means a ward, county or constituency;
of conducting voter education, fund raising, canvassing membership and
soliciting support;
“election court” means the Supreme Court in exercise of the jurisdiction (g) avoid plagiarizing the symbols, colours or acronyms of other parties; and to
conferred upon it by Article 163 (3) (a), the High Court in the exercise of the discourage and, if possible, prevent the removal, disfigurement or destruction
jurisdiction conferred upon it by Article 165 (3) (a) of the Constitution, or the High of political campaign materials of any party;
Court in the exercise of the jurisdiction conferred upon it by this Act (h) refrain from offering any document or reward to any person in consideration of
such person either joining or not joining any party; attending or not attending
‘electoral laws’ means the Constitution, the Elections Act and subsidiary any political event; voting or not voting (either at all, or in any particular
legislation made thereunder as they relate to the presidential, parliamentary, manner); or accepting, refusing or withdrawing such person’s nomination as a
county elections and the referendum. candidate in the election;
(i) refrain from any attempt to abuse a position of power, privilege or influence,
3. The object of this Code is to promote conditions conducive to the conduct of free including parental, patriarchal, state or traditional authority for political
and fair elections and a climate of tolerance in which political activity may take purposes including any offer of reward or threat of penalty;
place without fear, coercion, intimidation or reprisals. (j) avoid any discrimination based on race, sex, pregnancy, marital status, health

Your Vote, Your Future

 status, ethnic or social origin, colour, age, disability, religion, conscience, (b) Where a political party, referendum committee, leader or any office bearer,
belief, culture, dress, language or birth in connection with the election and member or person who supports the political party, referendum committee
or any candidate at an election fails, neglects or refuses to comply with the
political activity;
orders of the Commission issued under paragraph 7 (a), the Commission shall
(k) in relation to the Commission—
impose upon the defaulting party any of the following sanctions which may be
suspended on specific conditions—
(i) acknowledge the authority of the Commission in the conduct of the
election or referendum;
(i) in case of fine imposed, prohibit the defaulting party from participating
(ii) ensure the attendance and participation of representatives at meetings of
in ongoing and future elections as candidates in case of a defaulting
any party liaison committee and other forums convened by or on behalf
candidate or prohibit the political party or the referendum committee
of the Commission;
official from participating in ongoing elections and referendum, and future
(iii) implement the orders and directions of the Commission;
elections or referendum or any activity facilitated by the Commission until
(iv) facilitate the Commissions right of access through official observers and
such fine has been paid;
other representatives to all public political meetings or other electoral
(ii) in case of failure to comply with any other sanctions imposed, cancel the
activities;
right of such political party or candidate to participate in the next election;
(v) co-operate in the official investigation of issues and allegations arising
and
during an election period;
(iii) file execution proceedings in the High Court to enforce the recovery of the
(vi) take all reasonable steps to ensure the safety of observers and other
fine.
representatives of the Commission from exposure to insult, hazard or
threat in the course of their official duties;
8. A fine imposed by the Commission under this Code shall be registered in the
(vii) to establish and maintain effective lines of communication with the
High Court.
Commission; and
(viii) to abide by the provisions of this Code;
9. Without prejudice to the provisions of paragraph 7, the Commission may
either of its own motion or in consequence of any report made to it, institute
(l) reassure voters with regard to the impartiality of the Commission and the proceedings in the High Court as may be appropriate in the case of any alleged
secrecy and integrity of the ballot, and to reaffirm that no one should know how infringement of this Code by a political party or by the leader, any office-bearer
any other person has voted; or member of a political party or person who supports a political party or any
(m) take reasonable steps to discipline and restrain their party office-bearers, candidate and where the Court finds the infringement of the provisions of this
employees, candidates, members and persons who support the political party Code-
who-
(a) in the case of a political party, any act or omission involvingviolence,
(i) infringe this Code; intimidation or a gross or systematic violation of the rights of any political
(ii) engage in activities of commission or omission which constitute offences party, candidate or voter, the Court may, in addition to or in substitution for
under the electoral laws or otherwise fail to observe this Code; and any other penalty or sanction specified in paragraph 7(a), make an order
(iii) contravene or fail to comply with any provision of the electoral laws; cancelling the right of such party to participate in the election concerned; or
(b) in the case of the leader, any office-bearer or member of a political party or
(n) agree for party office bearers, employees, candidates members and persons person who supports the political party or of any candidate, that any act or
who support the political party to submit to the disciplinary procedures of the omission involving violence or intimidation or gross or systematic violation of
Commission for any violation of this Code; and the rights of any political party candidate or voter, the Court may in addition
(o) without prejudice to the right to present a petition to an election court, accept to or in substitution of any other penalty or sanction specified in paragraph
the final outcome of the election and the Commission’s declaration and 7(a) (i) and (ii), make an order disqualifying, in the case of a person who is
certification of the results thereof. a candidate, that person from being a candidate or deleting the name of that
candidate from the list or lists of candidates concerned.
7. Where, in the opinion of the Commission, any political party or referendum
committee participating in any election or referendum or the leader, office-bearer 10. In making its decision regarding appropriate penalties or sanctions, the
or member of a political party or person who supports the political party or Commission or, as the case may be, the High Court shall have regard to any
referendum committee or any candidate at any election, in any way infringes any other legal consequences that may result from civil or criminal proceedings
provision of this Code, the Commission may— instituted by reason of the same occurrence.

(a) in the case of a political party and, subject to sub-paragraph (b), and in the 11. The High Court shall ensure that any proceedings initiated under paragraph 9 are
case of the leader, any office-bearer or member of a political party or person dealt with in priority to all other matters brought before it, and that the decision of
who supports the political party referendum committee or candidate, impose that Court is given before the date of the election concerned.
upon that political party one or more of the following penalties or sanctions
which any or all may be suspended on specific conditions— 12. The procedure of the High Court in cases falling within the provisions of this
Code shall, without prejudice to paragraph 9, be in accordance with such Rules
(i) a formal warning; of Procedure as shall from time to time be promulgated by the Chief Justice.
(ii) a fine determined by the Commission;
(iii) notwithstanding the provisions of any other written law, an order prohibiting 13. Every registered political party, referendum committee, candidate and agent-
the political party, whether permanently or for a specified period, from
utilizing any public media time, through the television or radio broadcasting (a) shall respect the role of the media before, during and after an election or
service of such media as have been or may be allocated to the political referendum conducted under this Act;
party for electoral purposes; (b) may not prevent access by members of the media to public political meetings,
(vi) an order prohibiting the political party, referendum committee or candidate marches, demonstrations and rallies; and
from— (c) shall take all reasonable steps to ensure that journalists are not subjected to
harassment, intimidation, hazard, threat or physical assault by any of their
(aa) holding particular public meetings, demonstrations or marches, or any representatives or persons who supports the candidate or political party.
kind of meeting, demonstration or march;
(bb) entering any specified electoral area for purposes of canvassing for 14. Every media house and its representative shall-
membership, or for any other electoral purpose;
(cc) erecting placards or banners, or from publishing and distributing (a) adhere to the media professional ethics in its coverage of public meetings,
campaign literature; campaign rallies and demonstrations;
(dd) publishing or distributing campaign literature and electoral advertising (b) during the prescribed hours of polling, not publish or distributethe result of an
or limiting the rights of the political party to do so, and such prohibition exit poll taken in that election or referendum;
or limitation shall be notified to the relevant regulating officers under (c) adhere to any media regulations issued by the Commission; and
the Public Order Act in the affected places or electoral areas for (d) abide by the provisions of this Act.
purposes of the Act;
(ee) in the case of the leader, candidate, an office-bearer or member of a 15. (1) The Commission shall set up the Electoral Code of Conduct Enforcement
political party or person who supports the political party or referendum Committee which shall comprise of not less than five members of the
committees impose any one or more of the penalties or sanctions Commission and shall be chaired by a member appointed by the Chairperson;
referred to in sub-paragraph (a) (i) or (ii) of this paragraph; the Commission may nominate a member of its staff to be the secretary to the
Committee.

Your Vote, Your Future

 (2) The Chairperson of the committee shall be a person who is qualified to hold
the office of Judge of the High Court.
(3) Every candidate, official and agent shall-

(a) acknowledge the authority of the Committee to enforce the provisions of

this Code on behalf of the Commission;
(b) ensure compliance with summons issued to the party, its candidates or
representatives by the Committee;
(c) cooperate in the official investigation of issues and allegations arising at
election period; and
(d) respect and comply with the orders issued by the Committee.

(4) The Committee shall issue summons to the person, political party or
referendum committee against whom a complaint has been received as
having infringed the provisions of this Code and any other person who the
Commission has reason to believe to have infringed the provisions of this
Code to attend its meetings. The meetings will be convened at any place
which the Committee may deem fit.
(5) In its proceedings, the Committee may examine the person summoned and
may allow a person to have legal representation.
(6) The committee shall not be bound by the provisions of the Criminal
Procedure Code or the Evidence Act in its proceedings.
(7) Every person who is summoned by the Committee and who attends the
meetings of the Committee shall be accorded the right to be heard.
(8) The Committee shall exercise the powers provided under this Code to
punish any person found to have infringed this Code.
(9) The Committee shall deliver its verdict expeditiously and inform the parties
of the decision.
(10) Notwithstanding the provisions of this Code, any complaint submitted in
writing alleging any irregularity with any establishment of the electoral
process at any stage if not satisfactorily resolved by the peace committee
shall be examined and determined by the Committee.

16. Every registered political party referendum committee, candidate and agent
shall-

(a) ensure security and full participation of women and persons with disabilities
as candidates and voters;
(b) respect the right of women to communicate freely with political parties,
committees and candidates;
(c) facilitate the full and equal participation of women in political activities;
(d) ensure free access of women and persons with disabilities to all public
political meetings, marches, demonstrations, rallies and other public
political events; and
(e) take reasonable steps to ensure that women are free to engage in any
political activity.

17. (1) The Commission may establish peace committees in every constituency
during an election and referendum period.
(2) Every political party, referendum committee, candidate, official and agent
shall-

(a) acknowledge the activity of peace committee established at the

constituency level by the Commission;
(b) ensure attendance of the peace committee meetings convened at the
constituency level on behalf of the Commission; and
(c) cooperate in the official investigation initiated by the peace committee on
issues and allegation arising at the election period.
(3) The peace committee shall have power to-
(a) reconcile warring parties;
(b) mediate political disputes in the constituencies;
(c) liaise with government security agencies in the constituency and report
suspected election malpractices; and
(d) report any violation of this Code to the Committee for appropriate action.

18. This Code shall take effect from the date of dissolution of parliament until polling
day.

19. Any person may complain about the breach of this Code.

Ahmed Issack Hassan

Chairperson
Independent Electoral and Boundaries Commission

Your Vote, Your Future