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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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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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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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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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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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• 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
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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
pter
3 |
Cri
teri
a an
d M
etho
dolo
gy f
or B
ound
arie
s D
elim
itat
ion
* N
atio
nal t
otal
s les
s Nai
robi
tota
ls
Popu
latio
nA
ppro
x. A
rea
(Sq.
Km
)
KE
NYA
38,6
10,0
9758
1,31
5.9
Con
stitu
enci
es29
058
1,31
5.9
Aver
age
per C
onst
ituen
cy13
3,13
8.27
2,00
4.54
Aver
age
-30%
93,1
96.7
9Av
erag
e+30
%17
3,07
9.75
Aver
age
-40%
79,8
82.9
6Av
erag
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
418
4,61
018
4,61
0-1
784
-1.0
%51
,472
38.7
%N
atio
nal P
opul
atio
n (le
ss P
opul
atio
n of
Nai
robi
Pro
vinc
e) =
35,
471,
728
Tota
l Are
a of
Ken
ya (l
ess A
rea
of N
airo
bi P
rovi
nce)
= 5
80,6
20.8
029
0 co
nstit
uenc
ies (
less
con
stitu
enci
es o
f Nai
robi
Pro
vinc
e) =
273
Aver
age
Popu
latio
n pe
r con
stitu
ency
= 1
29,9
33.0
7Av
erag
e Are
a pe
r con
stitu
ency
= 2
,126
.82
2C
entra
l4,
383,
743
13,1
65.4
333.
029
33.7
3834
3412
9,93
312
8,93
412
8,93
4-9
99-0
.8%
-420
5-3
.2%
3C
oast
3,32
5,30
782
,892
.840
.121
25.5
9226
2612
9,93
312
7,89
612
7,89
6-2
037
-1.6
%-5
242
-3.9
%4
East
ern
5,66
8,12
315
3,40
4.2
36.9
3643
.623
4444
129,
933
128,
821
128,
821
-111
2-0
.9%
-431
7-3
.2%
5N
orth
-Eas
tern
2,31
0,75
712
6,85
2.4
18.2
1117
.784
1818
129,
933
128,
375
128,
375
-155
8-1
.2%
-476
3-3
.6%
6N
yanz
a5,
442,
711
12,6
13.0
431.
532
41.8
8942
4212
9,93
312
9,58
812
9,58
8-3
45-0
.3%
-355
0-2
.7%
7R
ift V
alle
y10
,006
,805
183,
383.
554
.649
77.0
1577
7612
9,93
312
9,95
913
1,66
817
351.
3%-1
470
-1.1
%8
Wes
tern
4,33
4,28
28,
309.
552
1.6
2433
.358
3333
129,
933
131,
342
131,
342
1409
1.1%
1796
-1.4
%To
tal -
135
,471
,728
580,
620.
861
.120
227
3.00
274
273
129,
933
129,
459
129,
933
00.
0%-3
205
-2.4
%To
tal*
35,4
71,7
2858
0,62
0.8
61.1
202
273.
0027
427
312
9,93
312
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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Constituency
Constituency Approx. Area (Sq. Km) Population
Population Density (Persons/Sq. Km) Classification
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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Constituency
Constituency Approx. Area (Sq. Km) Population
Population Density (Persons/Sq. Km) Classification
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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Constituency
Constituency Approx. Area (Sq. Km) Population
Population Density (Persons/Sq. Km) Classification
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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Constituency
Constituency Approx. Area (Sq. Km) Population
Population Density (Persons/Sq. Km) Classification
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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Constituency
Constituency Approx. Area (Sq. Km) Population
Population Density (Persons/Sq. Km) Classification
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.
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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.
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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.
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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).
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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.
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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
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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
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201
2K
wal
e C
ount
y - K
wal
e
Tow
n H
all
Mur
ang’
a C
ount
y
- Mur
ang’
a C
ount
y
Cou
ncil
Hal
l
-U
asin
Gis
hu C
ount
y -
Eldo
ret M
unic
ipal
Hal
l
Siay
a C
ount
y - S
iaya
Mun
icip
al H
all
Mak
ueni
Cou
nty
-
Mak
ueni
Cou
nty
Cou
ncil
Hal
l
Kak
ameg
a C
ount
y - K
a-
kam
ega
Cou
nty
Cou
ncil
Hal
l
Bar
ingo
Cou
nty
- Kab
ar-
net G
TI
Satu
rday
21s
t Jan
, 201
2K
wal
e C
ount
y - K
wal
e
Tow
n H
all
--
--
--
-
Mon
day
23rd
Jan,
201
2Ta
itaTa
veta
Cou
nty
-
Wun
dany
i Mun
icip
al
Hal
l
Nya
ndar
ua C
ount
y - C
K
Hal
l OlK
alou
Tow
n
Kis
umu
Cou
nty
-
Kis
umu
Cou
ncil
Hal
l
Nai
robi
Cou
nty
- City
Hal
l
Kis
ii C
ount
y - G
usii
Tow
nshi
p H
all
Embu
Cou
nty
- Em
bu
Cou
nty
Cou
ncil
Cha
m-
bers
Vih
iga
Cou
nty
- Mba
le
Hig
h Sc
hool
Hal
l
Sam
buru
Cou
nty
- Al-
lam
ano
Cat
holic
Hal
l,
Mar
alal
Tues
day
24th
Jan,
201
2-
Kia
mbu
Cou
nty
- Ki-
ambu
Cou
nty
Cou
ncil
Hal
l
Ker
icho
Cou
nty-
Kip
si-
gis C
ount
y C
ounc
il H
all
Nai
robi
Cou
nty
- City
Hal
l
Kis
ii C
ount
y - G
usii
Tow
nshi
p H
all
Thar
aka/
Nith
i Cou
nty
- Kai
iam
pau
Yout
h
Poly
tech
nic
Hal
l
Bom
et C
ount
y - B
omet
Cou
nty
Cou
ncil
Hal
l
-
Wed
nesd
ay 2
5th
Jan,
2012
-K
iam
bu C
ount
y - T
hika
Mun
icip
al H
all
-K
ajia
do C
ount
y - M
aa-
sai T
echn
ical
Tra
inin
g
Inst
itute
Nya
mira
Cou
nty
- IFA
D
Hal
l
Mer
u C
ount
y - G
itoor
o
Con
fere
nce
Cen
tre
--
Thur
sday
26t
h Ja
n, 2
012
--
--
-M
eru
Cou
nty
- Gito
oro
Con
fere
nce
Cen
tre
Nar
ok C
ount
y - N
arok
Cou
nty
Cou
ncil
Hal
l
-
Ann
ex
AN
NE
X II
I:
SCH
ED
UL
E O
F C
OU
NT
Y P
UB
LIC
FO
RU
MS
TH
E IN
DE
PEN
DE
NT
EL
EC
TOR
AL
AN
D B
OU
ND
AR
IES
CO
MM
ISSI
ON
(IE
BC
)R
EPR
ESE
NTA
TIO
NS
ON
TH
E IE
BC
PR
EL
IMIN
AR
Y R
EPO
RT
OF
TH
E F
IRST
RE
VIE
W O
F B
OU
ND
AR
IES.
SCH
ED
UL
E O
F C
OU
NT
Y P
UB
LIC
HE
AR
ING
SPu
rsua
nt to
IEB
C A
ct 2
011,
the
Com
mis
sion
(IE
BC
) is m
anda
ted
to r
esol
ve is
sues
ari
sing
from
the
Firs
t Rev
iew
rel
atin
g to
the
delim
itatio
n of
con
stitu
enci
es a
nd w
ards
and
to p
ublis
h a
prel
imin
ary
repo
rt. U
pon
publ
ishi
ng o
f the
pre
limin
ary
repo
rt, I
EB
C is
expe
cted
to m
ake t
he re
port
ava
ilabl
e to
the
publ
ic fo
r tw
enty
one
(21)
day
s and
invi
te p
ublic
vie
ws o
n th
e pr
opos
als.
The
Com
mis
sion
rele
ased
the
prel
imin
ary
repo
rt
on 9
th J
anua
ry, 2
012.
The
pre
limin
ary
repo
rt is
ava
ilabl
e on
ww
w.ie
bc.o
r.ke.
It w
ill a
lso
be p
rint
ed in
the
mai
n da
ilies
and
cop
ies m
ade
avai
labl
e at
IEB
C c
onst
ituen
cy o
ffice
s. Su
bseq
uent
ly IE
BC
invi
tes p
ublic
vi
ews o
n th
e pr
elim
inar
y re
port
in e
ach
coun
ty a
t ven
ues a
nd o
n da
tes s
peci
fied
belo
w: