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No.	Observation Thematic Area	Recommending Institution	Recommendation	Duty Bearer To Implement	Action Taken so Far	Implementation Status	Remarks	Election Year
1	Voter Registration	ELOG	Amend the Elections Act, 2011 to provide for the integration of civil and voter registration processes to realize 100% National Voter Registration Rate.	IEBC	ELOG memorandum was forwarded to the Building Bridges Taskforce in February 2020. The validation process of the BBI Report was concluded in March 2020. The Referendum Bill, 2020 was gazetted on 15th May 2020. The Bill seeks to provide a framework on how a referendum should be conducted in line with BBI proposals and this will also determine the date of the referendum.	In Progress	Tracking the discussions on Referendum Bill in Parliament	2017
2	voter registration	ELOG	The National Council of Churches of Kenya (NCCK) a member of ELOG Steering Committee in its memorandum to the Senate Justice Legal Administration Committee, proposed the general amendment of the Constitution in relation to voter registration for purposes of: clarity, the right to vote, qualification of registration as a voter and the mandate of the IEBC in relation to voter registration.	JLAC&HR	The NCCK presented its Memorandum on Electoral Reforms to the Chair of the Senate Justice Legal Administration Committee in 2018 on the Election Laws Amendment Bill, 2018 and the Election Laws (Amendment) (No. 2), 2018.	in Progress		2017
3	Political Parties Affairs & Campaign Financing	ELOG	Election Observation Group recommends clarity on the electoral complaints dispute resolution processes: Resolve jurisdictional issues between the IEBC and the Political Parties Disputes Tribunal (PPDT).	JLAC	The Political Parties (Registration) Regulations, 2019, and the Political Parties (Funding) Regulations, 2019 were tabled before the National Assembly in September 2019. Both regulations were approved save from Section 18 of the Political Parties (Funding) Regulations, 2019 which was annulled as it inappropriately delegated legislative powers to the Registrar to set general guidelines, conditions for the management of the fund. There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2019 which is currently at the drafting stage.	In Progress	The Election Campaign financing Bill 2020 was published on 7/9/2021, it drastically reduces the power of IEBC to regulate election finance as stipulated in article 88 of the constitution by removing its mandate to receive expenditure reports and sanction abuse of provisions of the Act. A recommendation is made to adopt the IEBC Draft amendment bill.	2017
4	Electoral Dispute Resolution (EDR)	ELOG	Election Observation Group in its recommendation suggested devolving election dispute resolution processes to the counties and boosting the funding for PPDT in particular by amending Section 44 (1) of the Political Parties Act to create a Fund similar to Political Parties Fund. Alternatively, amend Section 25 of the Act, to allow PPDT to benefit from the fund.	PPDT	A petition was filed in Court in February 2021 by a Jubilee Party official seeking orders that the Political Parties Dispute Tribunal be devolved and direction be issued to parliament to amend sec 25 of the Political Parties Act 2011 to provide for the devolution of the political parties fund.	Pending		2017
5	Electoral Dispute Resolution (EDR)	ELOG	Election Obseration Group recommends clarity on the electoral complaints dispute resolution processes: Resolve jurisdictional issues between the IEBC and the Political Parties Disputes Tribunal (PPDT).	PPDT	The Jurisdiction of the Political Parties Dispute Tribunal (PPDT) remains the same. Established under Section 39 of the Political Parties Act. It hears and determines disputes from political parties comprised of 5 members, quorum is 3 members and 1 must be an advocate.	Pending	In the case of Fredrick Odhiambo Oyugi v Orange Democratic Movement & 2 others [2017] eKLR the Court determined that both IEBC and PPDT shared equal jurisdictional powers and gave orders for the review of the existing legal framework i.e Article 88(4)(e) of the Constitution and Section 40 of the Political Parties Act so as to avoid parallel streams of adjudication of disputes arising from nominations that led to confusion and conflicting approaches and decisions, and for good order.	2017
6	Political Parties Affairs & Campaign Financing	ELOG	Election Obseration Group suggested amendment of Section 25 of the Political Parties Act to provide a specific % of funding for all registered political parties and another % distributed based on performance during the last general election.	ORPP	A petition was filed in Court in February 2021 by a Jubilee Party official seeking orders that the political parties tribunal be devolved and orders be issued to Parliament to amend sec 25 of the Political Parties Act 2011 to provide for devolution of political parties fund.	Pending		2017
7	Political Parties Affairs & Campaign Financing	ELOG	Election Obseration Group suggested amendment to the Political Parties Act to compel the Auditor General to audit all political parties irrespective of whether they receive public funds or not.	ORPP	The recommendation has remained at the proposal stage.	Pending	The Office of the registrar of Political Parties published financial statements of 80 political parties on its website for the year 2017-2019.	2017
8	Political Parties Affairs & Campaign Financing	ELOG	Election Obseration Group suggested to IEBC and Parliament to Implement the Election Campaign Finance Act of 2013.	IEBC	As duly amended by Section 32 of the Election Laws (Amendment) Act of 2017, Section 1A of the Election Campaign Finance Act of 2013 states that the Act shall immediately come into force after the 2017 general elections. There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which provides for the regulation of campaign expenditures and restriction of donations. The Bill if approved, intends to operationalize the Election Campaign Finance Act, 2013.	In Progress	IEBC published Campaign Financing Regulations in August 2021 that capped spending limits for political parties and candidates. However, in October 2021 vide a gazette notice, the Commission revoked the publication after the Committee on Delegated Legislation declared them unprocedural.	2017
9	Political Parties Affairs & Campaign Financing	ELOG	Political Parties to revise their constitutions and nominations rules to make them compliant to the Elections (General) (Amendment) Regulations, 2017, Elections (Voter Education) Regulations 2017 and the Elections (Party Primaries and Party Lists) Regulations, 2017.	Political Parties, CMD	The Orange Democratic Party(ODM) National Executive Committee published new nomination rules in February 2021 which adopted the recommendations of the standing Committee of Legal Affaires to align the party Constitution and Elections Nomination rules with the 2010 Constitution and national legislation.	In Progress		2017
10			Article 88 of the Building Bridges Initiative (BBI) recommends for a mechanism that gives leaders of parliamentary political parties a role in the recruitment of Commissioners of the Independent Electoral and Boundaries Commission (IEBC).		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.		The IEBC(Amendment) Act 2019 amended the 1st schedule on the procedure for appointment of the chairperson and members of the Commission.
11			The BBI taskforce recommends that the principle of fair, free and transparent elections be provided for in the Political Parties Act.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
12			BBI suggests for parties to be compelled through the Political Parties Act to be consistent with the Constitution to meet the Two Thirds Gender Rule and other Constitutional measures of inclusion through their party lists.		The Political Parties(Amendment) Act no. 21 of 2016 inserted sec 7 1(A) which requires the constitution or rules of every political party to ensure that not more than two thirds of the membership of all party organs, bodies and committees aggregate are of the same gender.	Completed
13	Political party Affairs & Campaign Financing		NCCK memorandum to the Senate Legal Justice Administrative Committee proposes amendment of Section 7 (2) of the Political Parties Act, to allow political parties’ appointees to the Commission, in addition to the existing IEBC Commissioners.		The recommendation has remained at the proposal stage.
14	Political party Affairs & Campaign Financing		NCCK memorandum proposes amendment to the IEBC Act to provide for both part time and full time Commissioners with Political Party appointees being part-time.		The recommendation has remained at the proposal stage.
15	Political party Affairs & Campaign Financing		NCCK memorandum proposes the enforcement of constructive resignation from a political party contemplated under Section 14 (5) of the Political Parties Act to enforce party discipline.		The recommendation has remained at the proposal stage.
16			NCCK memorandum proposes that political parties review their nomination rules and procedures to ensure that more women are nominated in positions of leadership.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 was Passed by the NA and forwarded to the Senate for consideration on 6/5/2020. It gives effect to Article 100 of the Constitution and proposes a number of things including that the IEBC Act, 2011 and all other electoral related laws define special interest groups as provided in the Constitution.
17	Political party Affairs & Campaign Financing		NCCK memorandum to the Senate proposes the amendments to Part III (Allocations and Disbursement of Political Parties Fund) of the Political Parties Act to review the threshold for eligibility to compensate.		Only a minor amendment was done to the Political Parties Act in May, 2016 to Section 25 which was administrative since it focused on composition of members. No further amendments have been made post 2017.
18			NCCK memorandum proposes the amendment of Section 10 and 11 of the Political Parties Act, to provide for sufficient clarity with respect to mergers, coalition and post-election agreements. The law did not provide for the exit process of members of a coalition.		Only a minor amendment was done to the Political Parties Act in May, 2016 to Section 25 which was administrative since it focused on composition of members. No further amendments have been made post 2017. The ORPP published a "Guide to Mergers and Coalitions".
19	Political party Affairs & Campaign Financing		NCCK memorandum to the Senate proposes the enactment of a regulation to empower the Registrar of Political Parties to sufficiently administer the Political Parties Fund and ensure maintenance of records, audit, review of books, disclosure of expenditures and contributions.		The Political Parties Act (Registration) Regulations, 2019 (Kenya Gazette Supplement No. 139) and the Political Parties Act (Funding) Regulations, 2019 (Kenya Gazette Supplement No. 141) were tabled before the National Assembly in September, 2019. Both regulations were approved save from Section 18 of the Political Parties (Funding) Regulations, 2019 which was annulled as it inappropriately delegated legislative powers to the Registrar to set general guidelines, conditions for the management of the fund.
20	Political party Affairs & Campaign Financing		NCCK memorandum to the Senate proposes the harmonization of the Elections Act and the Political Parties Act to operationalize Political Parties Liaison Committee as an effective Alternative Dispute Resolution Forum.		Only a minor amendment was done to the Political Parties Act in May, 2016 to Section 25 which was administrative since it focused on composition of members. No further amendments have been made post 2017.
21			NCCK memorandum to the Senate proposes the amendment of Section 40 of the Political Parties Act and Section 74 of the Elections Act (2011) to guarantee more clarity on the overlapping jurisdictions between the Political Parties Disputes Tribunal, IEBC and the High Court on disputes arising from nominations.		Only a minor amendment was done to the Political Parties Act in May, 2016 to Section 25 which was administrative since it focused on composition of members. No further amendments have been made post 2017.		In the case of Fredrick Odhiambo Oyugi v Orange Democratic Movement & 2 others [2017] eKLR the Court determined that both IEBC and PPDT shared equal jurisdictional powers and gave orders for the review of the existing legal framework i.e Article 88(4)(e) of the Constitution and Section 40 of the Political Parties Act so as to avoid parallel streams of adjudication of disputes arising from nominations that might lead to confusion and conflicting approaches and decisions, and for good order.
22	Political party Affairs & Campaign Financing		NCCK memorandum to the Senate proposes the amendment of Section 40 of the Political Parties Act in order to ensure that the Appellate jurisdiction on the decisions of the Political Parties Disputes Tribunal (PPDT) that potentially extend all the way to the Supreme Court can be reviewed.		Only a minor amendment was done to the Political Parties Act in May, 2016 to Section 25 which was administrative since it focused on composition of members. No further amendments have been made post 2017.
23	Participation of Special Interest Groups		ELOG- Formulate and enforce regulations requiring that political parties disclose the number of youths who are their members and officials and also to disclose the Party’s policy for affirmative action for women, youth, Persons with Disabilities (PWDs) and marginalized communities as a requirement for registration.		The Political Parties(Amendment) Act no. 21 of 2016 inserted sec 7 1(A) which requires the constitution or rules of every political party to ensure that not more than two thirds of the membership of all party organs, bodies and committees aggregate are of the same gender.
24	Participation of Special Interest Groups		ELOG Enhance participation of people with disabilities and advocate for inclusive Persons with Disabilities policies.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 was Passed by the NA and forwarded to the Senate for consideration on 6/5/2020. It gives effect to Article 100 of the Constitution and proposes a number of things including that the IEBC Act, 2011 and all other electoral related laws define special interest groups as provided in the Constitution. The Constitution of Kenya (Amendment) (No. 2) Bill, 2019 seeks to amend Article 97 of the Constitution which provides for twelve members nominated by parliamentary political parties to represent special interest groups including the youth, persons with disabilities and workers. The Constitution of Kenya (Amendment) (No.2) Bill, 2019 proposes that the number of seats be increased to twenty-two persons with disability nominated by parliamentary political parties. The Bill went through the first reading stage in July, 2019.
25	Participation of Special Interest Groups		ELOG- Need to re-look at the comprehensiveness of the concept of disability as captured in the legal instruments through a combination of definitions from the 2003 Persons With Disabilities Act, Constitution of Kenya, Convention on the Rights of Persons with Disabilities and different impairments recognized by the National Council for Persons with Disabilities all of which provide a base for defining disability.		The Persons with Disabilities (Amendment) Bill, 2020 (Senate Bill No.15) which seeks to provide a comprehensive and all-encompassing definition of disability was tabled before parliament. It went through the first reading in August, 2020.
26	Participation of Special Interest Groups		ELOG- Focus on special interest groups for example by developing laws to support their accessibility to polling stations and to voter material.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 under Clause 19 amends Section 40 of the Elections Act, 2011 by inserting the following new sub-section ‘immediately after sub-section (1): 1(A) in providing voter education the Commission shall; (a) Ensure the participation of special interest groups in its programs; and (b) Sensitize voters on the inclusion of special interest groups in the electoral process. Clause 5d of the Bill requires the amendment of the IEBC Act, 2011 to include the use of communication modes accessible to persons with disability.
27	Participation of Special Interest Groups		ELOG- Pass the Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 which provides for the mandatory representation of one person nominated by the National Council for Persons with Disabilities.		In the Report by JLAC dated 15 October 2020 on the Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 (National Assembly Bill No. 24), the Committee resolved that the bill sponsored by Hon. Jude Njomo should not be proceeded with as the subject matter that it sought to resolve had been addressed in the Independent Electoral and Boundaries Commission (Amendment)(No.3) Bill, 2019 (National Assembly Bill No. 35). Of note however, is that although the Independent Electoral and Boundaries Commission (Amendment)(No.3) Bill, 2019 provided the criteria of appointment of the selection panel, it did not make provision for the inclusion of a representative of the National Council for Persons with Disabilities.		The Independent Electoral and Boundaries Commission (Amendment) Act, 2020 which makes provisions for the selection panel was passed into law in October, 2020.
28	Participation of Special Interest Groups		The Carter Centre report recommended the review and implementation of compliance with the constitutional requirements to protect and promote the rights of vulnerable communities, or special-interest groups.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 was passed by the National Assembly and forwarded to the Senate for consideration on 6/5/2020. It gives effect to Article 100 of the Constitution and proposes a number of things including that the IEBC Act, 2011 and all other electoral related laws define special interest groups as provided in the Constitution. Additionally, the Constitution of Kenya (Amendment) Bill, 2019 (National Assembly Bill No. 53) seeks to ensure that the membership of Parliament also reflects the requirement of Article 54(2) of the Constitution that at least five percent of the members of the public in elective and appointive bodies be persons with disabilities. First reading was done in July, 2019. The Bill is awaiting the Second Reading.
29	Participation of Special Interest Groups		The United Disabled Persons of Kenya (UDPK) and the Caucus on Disability Rights Advocacy (CDRA) memorandum to the National Steering Committee on Implementation of the Building Bridges Initiative Taskforce proposed the implementation of Article 177 of the Constitution on representation of persons with disabilities in county assemblies. 17 of the 47 county assemblies do not have any persons with disability as representatives while 8 have only 1 representative.		The Constitution of Kenya (Amendment) Bill, 2019 (National Assembly Bill No. 53) seeks to ensure that the membership of Parliament also reflects the requirement of Article 54(2) of the Constitution that at least five percent of the members of the public in elective and appointive bodies be persons with disabilities. First reading was done in July, 2019. The Bill is awaiting the Second Reading.
30	Participation of Special Interest Groups		UDPK and CDRA memorandum proposes the amendment of the electoral system to provide for an electoral college system for PWDs. This will allow PWDs determine who will specifically represent them in addition to ensuring gender equality among persons with disability as well as different disability categories. It infers the need to amend the Constitution and specifically Article 86 on voting.		The recommendation has remained at the proposal stage.
31	Participation of Special Interest Groups		NCCK- Recommended the review of Section 38 of the Elections Act to determine priority of marginalized persons and the review of provisions of Sections 34-38 of the Elections Act, 2011 against the County Government Act, 2012 to address the composition of the marginalized groups for purposes of harmonizing the provisions under the two Acts on the number of seats to be allocated.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 gives effect to Article 100 of the Constitution and proposes a number of things including that all electoral related laws promote the representation in Parliament of special interest groups through for example; enhancing the funding of special interest groups through assured disbursements from the Political Parties Fund. The Bill was passed by the National Assembly and forwarded to the Senate for consideration on 6/5/2020.
32	Participation of Special Interest Groups		UDPK and CDRA proposes the enactment of a substantive legislation to give effect to Article 100 of the Constitution on promotion of representation of marginalized groups to include PWDs.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 gives effect to Article 100 of the Constitution and proposes a number of things including that all electoral related laws promote the representation in Parliament of special interest groups through for example; enhancing the funding of special interest groups through assured disbursements from the Political Parties Fund. The Bill was passed by the National Assembly and forwarded to the Senate for consideration on 6/5/2020.
33	Participation of Special Interest Groups		UDPK and CDRA memorandum recommends that electoral laws be amended to ensure inclusion of persons with disabilities and ensure implementation or compliance with relevant laws. For instance, amend the Political Parties (Funding) Regulations, 2014 to ensure funding for disability concerns.		The validation process for Building Bridges Initiative (BBI) policy document was concluded in March, 2020. However, the first BBI Report as published has not taken in to account the challenges faced by persons with disabilities. This issue will need to be reconsidered to ensure inclusivity. The Constitution of Kenya (Amendment) Bill, 2019 (Senate Bills No. 16) proposes to introduce clauses 97 (1A) and (1B) and 98 (1A) and (1B) which require the elections for the special seats to be undertaken in accordance with Article 90. Article 90 provides for allocation of party list seats, which shall be on the basis of proportional representation by use of party lists. The Bill was referred to the Committee on Justice, Legal Affairs and Human Rights. The Committee Report was tabled on 21st November, 2019. The Bill is scheduled to come up for the Second Reading.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
34	Elections security		The Carter Centre report recommended that the role of the security forces during elections should be reviewed and use of excessive force and other misconduct be urgently looked into.		No specific policy or legal reform has been taken up so far. However, various civil society organizations including the Law Society of Kenya and the Kenya National Commission on Human Rights have consistently taken up pro bono cases that address citizens’ concerns on infringement of human rights during elections.
35			The KNCHR recommended for the application of legal measures to ensure rapid response on humanitarian grounds and prompt assistance in response to election related conflict in the country.		No specific policy or legal reform has been taken up so far. However, various civil society organizations including the Law Society of Kenya and the Kenya National Commission on Human Rights have consistently taken up pro bono cases that address citizens’ concerns on infringement of human rights during elections.		The National Cohesion and Integration Commission(NCIC) in collaboration with security agencies embarked on mapping out of political hotspots in July 2021 in preparation for the 2022 elections.
36			ELOG- Develop mechanisms for taking action against security personnel who violate the law with regard to conduct of elections.		No specific policy or legal reform has been taken up so far. However, various civil society organizations including the Law Society of Kenya and the Kenya National Commission on Human Rights have consistently taken up pro bono cases that address citizens’ concerns on infringement of human rights during elections.		The Inspector General of Police is yet to gazette Elections Management Guidelines for Public Order Management and use of Force and Firearms.
37	Participation of Special Interest Groups		ELOG- Amend the first schedule of the Constitution to provide for the 48th Diaspora County and subsequent additional constituency for diaspora.		The Constitution of Kenya (Amendment) No. 2 Bill, 2019 which seeks to amend Article 97 (1) of the Constitution by inserting the words "Kenyans in the diaspora," immediately after the word “including.” This will ensure the consideration of persons in the diaspora under special interest groups to be catered for in the party lists from which twelve Members are nominated to the National Assembly. The Bill was taken through the first reading in August, 2019.
38	Participation of Special Interest Groups		ELOG- Review existing Diaspora policy to take into cognizance the context and challenges that Kenyans in the diaspora face in their quest to exercise their voting rights, to inform the diaspora voter registration and voting procedures.		The recommendation has remained at the proposal stage.
39	Participation of Special Interest Groups		ELOG- Elections Act, 2011 and the Elections (General) Regulations 2011 to be amended to clearly provide that one cannot vote using an expired passport.		The recommendation has remained at the proposal stage.
40	Participation of Special Interest Groups		ELOG- Remove the unconstitutional requirement for a person must hold a ‘regular passport’ to vote.		The recommendation has remained at the proposal stage.
41	Participation of Special Interest Groups		ELOG- Articulate a comprehensive legal framework for the implementation of voter registration for Kenyans living in the Diaspora.		The recommendation has remained at the proposal stage.
42	Participation of Special Interest Groups		ELOG- Set up prisoner regulations as provided for by the Elections Amendment Act 2017, before the next General Elections. The regulations will set a clear roadmap in enabling future management of prisoners’ electoral governance.		The recommendation has remained at the proposal stage.
43	Participation of Special Interest Groups		IEBC Post-Election Evaluation Report recommended that the Commission review its policy on registration and voting among Kenyan citizens residing outside Kenya.		The recommendation has remained at the proposal stage.
44	Participation of Special Interest Groups		ELOG- Prescribe and apply stiff penalties against any political party or person who abuses laws and regulations made for purposes of gender inclusivity.		The recommendation has remained at the proposal stage.
45	Participation of Special Interest Groups		ELOG- Parliament to work towards a practical formula towards the implementation of the Two -Thirds Gender Rule at parliamentary level. This will ensure higher representation of women in the legislature. The Office of the Registrar of Political Parties (ORPP) should tighten and enforce regulation on Political Parties that do not truly mainstream gender in their operations. The punitive measures for parties which do not comply should be fully adhered to i.e. deregistration of parties.		The Constitution of Kenya (Amendment) Bill, 2018, National Assembly Bills No. 4 also known as the Duale Bill on the two third Gender Principle was re-introduced in February 2019, but the National Assembly was not able to achieve quorum to hold a vote on it despite an existing court order.
46	Participation of Special Interest Groups		The Carter Centre report recommended urgent implementation of the Two-Thirds gender rule as required by the Constitution.		The Constitution of Kenya (Amendment) Bill, 2018, National Assembly Bills No. 4 also known as the Duale Bill on the two third Gender Principle was re-introduced in February 2019, but the National Assembly was not able to achieve quorum to hold a vote on it despite an existing court order.
47	Participation of Special Interest Groups		Article 94 of the BBI provides for inclusion of women in leadership at all levels and measures to comply with the Two-Thirds Gender Rule and ensure women are visible in leadership will establish a more level playing field when it comes to electoral competition.		The validation process for the Building Bridges Initiative (BBI) Report was completed in March,2020. The BBI Report intends to effect the two third gender rule.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya (Amendment) Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
48	Participation of Special Interest Groups		The National Council of Churches of Kenya (NCCK) proposes the amendment of Article 97 and 98 to introduce proportional representation to facilitate the realization of 30% women representation. Additionally, to facilitate the implementation of Articles 27 (8) and 81 (b) on affirmative action, on the two-thirds gender rule in elective bodies.		The Constitution of Kenya (Amendment) Bill, 2019 No. 53 of 2019 which seeks to amend the Constitution by parliamentary initiative in terms of Article 256 of the Constitution. The Bill seeks to amend the Constitution in order to ensure that the number of Members of Parliament reflect the requirement of Article 27 (8) that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. The Bill went through the first reading stage in July, 2019. The Constitution of Kenya (Amendment) Bill, 2019 (Senate Bills No. 16) proposes to amend Article 97, on the composition of the National Assembly, to ensure that the composition of the National Assembly complies with the requirement that not more than two-thirds of its members are of the same gender. The new paragraph would require the election, through party lists, of the number of special seat members necessary to ensure that no more than two-thirds of the membership of the National Assembly is of the same gender. The same Bill, further proposes to amend Article 98(1) of the Constitution on the composition of the Senate, to ensure that the Senate complies with the requirement that not more than two-thirds of its members are of the same gender. The new paragraph would require the election, through party lists, of the number of special seat members necessary to ensure that no more than two-thirds of the membership of the Senate is of the same gender. These measures would be expected to completely resolve the gender representation issues. The Bill was referred to the Committee on Justice, Legal Affairs and Human Rights. The Committee Report was tabled on 21st November, 2019. The Bill is to come up for the Second Reading. The Constitution of Kenya (Amendment) Bill, 2019 (National Assembly Bills No. 53) which seeks to amend the Constitution in order to ensure that the number of Members of Parliament reflect the requirement of Article 27 (8) that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. Specifically amend Article 97 to increase the number of elected women members of the National Assembly from forty-seven to one hundred and thirty-six. The proposal contains a sunset clause of ten years with a window of extension for a further ten years through an Act of Parliament. The Bill further proposes the amendment of Article 98 to provide for the election of two members of the Senate of each gender by the electorate in the counties and the amendment of Article 177 to provide for the election of a woman member of the County assembly for at least every two wards within each county for the purpose of gender parity and remove the provision on post-election gender top-up seats. First reading was done on 24th July, 2019. The Bill is awaiting the Second Reading.
49	Participation of Special Interest Groups		The Dialogue Reference Group recommended that the Two-Thirds Gender Rule be strictly enforced in all elective and appointive bodies and political parties.		The recommendation has remained at the proposal stage.
50	Participation of Special Interest Groups		ELOG- Prescribe and apply stiff penalties against any political party or person who abuses laws and regulations made for purposes of empowering the youth.		The recommendation has remained at the proposal stage.
51	Participation of Special Interest Groups		ELOG- Make it a mandatory requirement in law for Political Parties to support youth candidates vying for elective seats by waiving nomination fee for the youth.		The recommendation has remained at the proposal stage.		The Political Parties Primaries Bill,2020 sets a cap on nomination fees for various candidates which th political party may not exceed.
52	Participation of Special Interest Groups		ELOG- Formulate and enforce regulations requiring that political parties disclose the number of youth that are their members and officials and the Party’s policy for affirmative action for women, youth, PWDs and marginalized communities as a requirement for registration.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 was passed by the National Assembly and forwarded to the Senate for consideration on 6/5/2020. It gives effect to Article 100 of the Constitution and proposes a number of things including that all electoral related laws promote the representation in Parliament of special interest groups e.g. Youth.
53	Participation of Special Interest Groups		ELOG- Political Parties to revise their constitutions and nominations rules to make them compliant to the Elections (General) (Amendment) Regulations, 2017, Elections (Voter Education) Regulations 2017 and the Elections (Party Primaries and Party Lists) Regulations, 2017.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 is currently before the National Assembly. It gives effect to Article 100 of the Constitution and proposes a number of things including that all electoral related laws promote the representation in Parliament of special interest groups e.g. Youth.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 was passed by the National Assembly and forwarded to the Senate for consideration on 6/5/2020.
54	Participation of Special Interest Groups		The Dialogue Reference Group recommended the amendment of the Constitution to reduce the number of Members of the National Assembly to 209, comprising of members elected from 150 constituencies, 47 Women Representatives, and 12 Special members. The provisions under this proposal will be structured to fulfil the gender, youth and persons with disabilities representation requirements.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 gives effect to Article 100 of the Constitution and proposes a number of things including that all electoral related laws promote the representation in Parliament of special interest groups e.g. Youth.		The Representation of Special Interest Groups Laws (Amendment) Bill, 2019 was passed by the National Assembly and forwarded to the Senate for consideration on 6/5/2020.
55	Participation of Special Interest Groups		ELOG- Gazette and implement amendments to the Elections Act allowing voter registration using waiting cards.		The recommendation has remained at the proposal stage.
56	Legal Reforms & Advocacy		ELOG- Undertake independent review of the 2017 electoral process: Engage an independent institution to undertake a comprehensive legal and institutional, audit of the IEBC management and administration of the entire 2017 electoral process.		The recommendation has remained at the proposal stage.		The IEBC published a Post Election Evaluation Report on the August 8,2017 General Elections and the October 26,2017 Fresh Presidential Election in 2017.
57	Legal Reforms & Advocacy		ELOG- Develop model rules for internal dispute resolution mechanisms.		The recommendation has remained at the proposal stage.
58	Legal Reforms & Advocacy		ELOG- Amend the IEBC Act to provide that if a new Commission is to be established, it has to be established at least two years before the elections.		The Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 (No. 24 of 2019)- The principal object of this Bill is to amend the First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 to provide for a mechanism of appointing members of the Independent Electoral and Boundaries Commission. As it is presently, the Selection Panel that was established under the First Schedule to the Act stood dissolved upon appointment of the current Members of the Independent Electoral and Boundaries Commission and hence there exists a vacuum as to the mechanism of appointing members of the Independent Electoral and Boundaries Commission in case of a vacancy or lapse of the term of office of any Member of the Commission. The Bill went through the First Reading in May, 2019. The Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 (No. 24 of 2019) - First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 which seeks to improve the process of appointments of the IEBC Chairperson and the Commissioners by the President and the National Assembly within seven days of the declaration of a vacancy in the office of the chairperson or member of the Commission. The Bill went through the first reading on 2nd May, 2019.		In the Report by JLAC dated 15 October 2020 on the Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 (National Assembly Bill No. 24), the Committee resolved that the bill sponsored by Hon. Jude Njomo should not be proceeded with as the subject matter that it sought to resolve had been addressed in the Independent Electoral and Boundaries Commission (Amendment)(No.3) Bill, 2019 (National Assembly Bill No. 35).
59	Legal Reforms & Advocacy		ELOG recommends that IEBC should strengthen its legal department and strictly adhere to the electoral laws to avoid numerous litigation processes that impact its work. IEBC must adhere to the constitutional and legal requirements of integrity of the aspirants to clear them to vie for various seats. The IEBC must not wait for a court case to be filed and be determined before it can bar a candidate with integrity issues from the electoral process. IEBC should partner with other government institutions to vet and ensure that all candidates vying for an election meet the legal threshold.		Lifestyle Audit Bill 2019 seeks to curb corruption among public officers in the Judiciary and other commissions’ mandated to oversee the electoral process. The Bill was approved by the Senate in October, 2021 and has been forwarded to the National Assembly for deliberation and approval.
60	Legal Reforms & Advocacy		ELOG- Amend the Constitution to separate presidential and members of the National Assembly elections from Governors, Senators and MCA elections.		The recommendation has remained at the proposal stage.
61	Legal Reforms & Advocacy		ELOG- Amend article 140 (1 & 2) of the constitution to increase the timeline for filing, hearing and determination of the presidential elections within 30 days.		The recommendation has remained at the proposal stage.
62	Legal Reforms & Advocacy		BBI- All IEBC staff should be employed on a three-year contract, renewable only once.		The recommendation has remained at the proposal stage.
63	Legal Reforms & Advocacy		BBI- Returning officers to be hired through a process like that used for commissioners, with the involvement of public participation.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020. The Referendum Bill, 2020 was gazetted on 15th May, 2020. The Bill seeks to provide a framework on how a referendum should be conducted in line with BBI proposals and this will also determine the date of the referendum.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
64	Legal Reforms & Advocacy		BBI- Returning officers should be contracted on a part-time basis and should not oversee more than one general election.		The recommendation has remained at the proposal stage.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
66	Legal Reforms & Advocacy		BBI- Any person with at least fifteen (15) years management experience at senior level should qualify to apply for Chairmanship of IEBC. It should not be the preserve of lawyers. However, one of the Commissioners should be a lawyer.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020. The Referendum Bill, 2020 was gazetted on 15th May, 2020. The Bill seeks to provide a framework on how a referendum should be conducted in line with BBI proposals and this will also determine the date of the referendum.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
67	Legal Reforms & Advocacy		BBI- All current senior officers of IEBC should be vetted.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020. The Referendum Bill, 2020 was gazetted on 15th May, 2020. The Bill seeks to provide a framework on how a referendum should be conducted in line with BBI proposals and this will also determine the date of the referendum.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
68	Legal Reforms & Advocacy		BBI- Separate the duties of Secretary and Chief Executive Officer; make the Chairman of the Commission the Chief Executive Officer.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020. The Referendum Bill, 2020 was gazetted on 15th May, 2020. The Bill seeks to provide a framework on how a referendum should be conducted in line with BBI proposals and this will also determine the date of the referendum.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
69	Legal Reforms & Advocacy		BBI proposes a mechanism to give leaders of parliamentary political parties a role in the recruitment of Commissioners of IEBC.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020. The Referendum Bill, 2020 was gazetted on 15th May, 2020. The Bill seeks to provide a framework on how a referendum should be conducted in line with BBI proposals and this will also determine the date of the referendum.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
70	Legal Reforms & Advocacy		NCCK memorandum to the Senate proposed the amendment of S. 6(1) of the IEBC Act on the qualification of the Chair and the Vice-chair to be the same and they need not be advocates.		A proposal on the recommendation was submitted before the Constitutional Implementation Oversight Committee by Centre for Multi-Party Democracy (The CIOC Report on the IEBC Amendment No.2 Bill,2019; National Assembly Bills No. 30 of 2019)
71	Legal Reforms & Advocacy		The NCCK memorandum to the Senate Justice Legal and Administrative Committee recommended an amendment to Article 164 for the appellate process for all other elective offices to terminate at the Court of Appeal level for the expeditious finalization of disputes.		The recommendation to amend Article 164 has remained at the proposal stage.
72	Legal Reforms & Advocacy		NCCK memorandum to the Senate proposed the amendment of Section 6 and 10 of the IEBC Act, to vest overall responsibility of the management of the Commission to the Chair.		The recommendation has remained at the proposal stage.
73	Legal Reforms & Advocacy		NCCK memorandum to the Senate proposed the review of the Code of Conduct for Commissioners and staff.		The recommendation has remained at the proposal stage.
74	Legal Reforms & Advocacy		The National Dialogue Conference convened by the Dialogue Reference Group (DRG) recommended that the Independent Electoral and Boundaries Commission (IEBC) Act, 2011 be reviewed to strengthen and streamline the body’s operations to:		The recommendation has remained at the proposal stage.
75	Legal Reforms & Advocacy		I.        To separate boundaries review functions from the elections management and domicile it in a different body.		The recommendation has remained at the proposal stage.
76	Legal Reforms & Advocacy		To establish a training institute for IEBC staff knowing that most of the staff at the body are engaged on a temporary basis.		The recommendation has remained at the proposal stage.
77	Legal Reforms & Advocacy		II.        National Dialogue Conference convened by the Dialogue Reference Group - The applicable laws should be amended to remove Members of the National Assembly from the management of the Constituency Development Fund so that the elected representatives concentrate on their legislative and oversight mandates.		The recommendation has remained at the proposal stage.
78			ELOG- Invest in leaders who understand the implications for amending electoral laws especially during periods too close to elections. These leaders should be the ambassadors of good practices pertaining to electoral legal reforms.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
79			ELOG- Strengthen public participation on the electoral legal reform agenda.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
80			ELOG- Advocate for the operationalization of Section 100 of the County Government Act 2012 and partner with county governments to operationalize Section 100 of the County Government Act 2012.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
81			The Kenya National Commission on Human Rights (KNCHR) recommended constant review of electoral laws that adhere to international standards to be done in good time to ensure that the electorate and relevant stakeholders are familiar with electoral laws.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
82			IEBC- The Commission in collaboration with electoral stakeholders need to develop a framework to guide the extent of public participation in the Commission’s activities.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
83			NCCK memorandum to the Senate suggests a need to have a legal platform to discuss and make proposals that will inform reform on the validity and invalidity of an election result.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
84			NCCK memorandum to the Senate suggests the need to build consensus through engagement with the key stakeholders after the elections, as a crucial need on buttressing electoral reform.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
85			The National Dialogue Conference recommends that a National Ethics and Civic Education Commission (NECEC) should be established to provide education and empowerment of the citizens of Kenya on socio-political and civic matters. The Commission should be fully funded by the exchequer.		The Public Participation No. 2 Bill, 2019 (No.71 of 2019): The principal purpose of this Bill is to give effect to Articles 10(2)(a), 69(1)(d), 118, 174(c), 184(1)(c), 196(1)(b), 201(a) and 232(1)(d) of the Constitution of Kenya regarding public participation. The Bill further seeks to establish a legal framework, the parameters for public participation and defines the obligations of state organs and public offices in conducting public participation. The Bill also seeks to enhance public participation by creating a framework for informed, effective and efficient engagement of the public in decision making processes. The Bill was tabled before the Select Parliamentary Committee in March 2020 for consideration.
86			Article 85 of the BBI provides for representation in the electoral system. Whatever form reforms to representation take, that they accord to the principles of inclusivity if Kenyans are to be fairly and equally represented.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
87			BBI- Establishment of the Office of the Public Participation Rapporteur to strengthen quality, transparency and inclusion in public participation processes required by the Constitution.		The validation process for the Building Bridges Initiative (BBI) Report was concluded in March, 2020.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
88	Media Monitoring		KNCHR recommended that the media should observe code of conduct on ethics and professionalism in discharging their mandate as provided for in the Constitution and the Media Act 2013.		The Media Council of Kenya in partnership with other stakeholders came up with the Guidelines for Election Coverage, 2017 that seeks to provide a mechanism for adherence to the Code of Conduct for the Practice of Journalism as entrenched in the Second Schedule of the Media Act, 2013.
89	Media Monitoring		ELOG- Review laws passed by County governments against ‘a free media’; identify gaps against relevant constitutional provisions and propose changes.		The recommendation has remained at the proposal stage.
90	Media Monitoring		The Commonwealth report noted that while freedom of speech was guaranteed by the Constitution of Kenya, there was proliferation of fake news, inflammatory online statements and propaganda that compromised. They advocated for legislation that would cover this area.		The Kenya Information and Communication Amendment Bill, 2019 which seeks to amend the Kenya Information and Communication Act to provide for the regulation of use of social media platforms was gazetted in July, 2019. The new part will introduce new sections to the Act on licensing of social media platforms, sharing of information by a licensed person, creates obligations to social media users, registration of bloggers and seeks to give responsibility to the Communications Authority of Kenya to develop a bloggers code of conduct in consultation with bloggers.
91	Legal Reforms & Advocacy		ELOG recommends that we Amend Article 140 (1 & 2) of the Constitution to increase the timeline for filing, hearing and determination of presidential election petitions to be within 30 days. This has not been implemented.		The recommendation has remained at the proposal stage.
92	Legal Reforms & Advocacy		ELOG- Review the Leadership and Integrity Act to enhance legal and social vetting of candidates.		Lifestyle Audit Bill, 2019 seeks to curb corruption among public officers in the Judiciary and other commissions’ mandated to oversee the electoral process. The Bill was approved by the Senate in October, 2021 and has been forwarded to the National Assembly for deliberation and approval.
93	Legal Reforms & Advocacy		ELOG- Strengthen social and legal vetting mechanisms: the prevailing legal framework on vetting of candidates should be broadly interpreted to include social vetting.		Lifestyle Audit Bill, 2019 seeks to curb corruption among public officers in the Judiciary and other commissions’ mandated to oversee the electoral process. The Bill was approved by the Senate in October, 2021 and has been forwarded to the National Assembly for deliberation and approval.
94	Legal Reforms & Advocacy		ELOG- Pass the Lifestyle Audit Bill 2019 which describes "lifestyle audit" to mean an investigative audit of a person's living standards to ascertain consistency with a person's lawfully obtained and reported income. This will assist in curbing corruption.		Lifestyle Audit Bill, 2019 seeks to curb corruption among public officers in the Judiciary and other commissions’ mandated to oversee the electoral process. The Bill was approved by the Senate in October, 2021 and has been forwarded to the National Assembly for deliberation and approval.
95	Legal Reforms & Advocacy		ELOG- Ensure implementation and enforcement of the electoral laws through the development of a more comprehensive and coordinated legal framework.		The Constitution of Kenya (Amendment) Bill, 2019 (Senate Bills No. 16) proposes the amendment of Article 81 which prescribes the General principles for the electoral system through the renumbering of the existing provision as clause (1); and inserting a new clause immediately after the new clause (1)— (2). The State shall take legislative, policy and other measures including the setting of standards, to achieve the realization of clause (1)(b). Referred to the Committee on Justice, Legal Affairs and Human Rights. The Committee Report was tabled on 21st November, 2019 and is awaiting the Second Reading.
96	Legal Reforms & Advocacy		ELOG- Electoral legal reforms and amendment of election laws:  Review and implementation of the Election Campaign Financing Act, 2013  Implementation of the two thirds gender rule  Develop comprehensive legal framework on data protection Adoption of the Election Laws (Amendment) Act 2016.		There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which is currently in the drafting stage. The Bill which was sponsored by the IEBC if approved, intends operationalize the Act. In contrast, another bill was drafted and introduced by the Constitution Implementation Oversight Committee (CIOC). The legislation, the Election Campaign Financing (Amendment) Bill, 2021 seeks to repeal 9 sections of the 2013 Act while introducing 4 new sections. In particular it seeks to define public funds and donations.
97	Legal Reforms & Advocacy		ELOG- Implement electoral campaign laws (code of conduct).	IEBC	There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which is currently in the drafting stage. The Bill which was sponsored by the IEBC if approved, intends operationalize the Act. In contrast, another bill was drafted and introduced by the Constitution Implementation Oversight Committee (CIOC). The legislation, the Election Campaign Financing (Amendment) Bill, 2021 seeks to repeal 9 sections of the 2013 Act while introducing 4 new sections. In particular it seeks to define public funds and donations.	In Progress
98	Legal Reforms & Advocacy		The Carter Centre in its report ‘Kenya 2017 General and Presidential Elections’ highlighted the lack of legislation on campaign financing resulting in creation of an uneven playing field and lack of transparency. Recommended a review of the electoral legal framework based on the gaps and inconsistencies as highlighted.	IEBC	There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which is currently in the drafting stage. The Bill which was sponsored by the IEBC if approved, intends operationalize the Act. In contrast, another bill was drafted and introduced by the Constitution Implementation Oversight Committee (CIOC). The legislation, the Election Campaign Financing (Amendment) Bill, 2021 seeks to repeal 9 sections of the 2013 Act while introducing 4 new sections. In particular it seeks to define public funds and donations.	In Progress
99	Legal Reforms & Advocacy		ELOG- Amend Article 138(4) to increase the threshold for popular mandate to more than half of all the votes cast in the election, by at least fifty per cent of the registered voters.		The recommendation has remained at the proposal stage.
100	Legal Reforms & Advocacy		ELOG- Amend Article 88(2) to revise eligibility for appointment as IEBC Commissioner to introduce middle ground mix approach incorporating neutral experts and at least two political party representatives.		Amendment to scrap the minimum requirements needed for the electoral commission chairperson. The Election Laws (amendment) Act 2017 vis-à-vis Katiba Institute & 3 others v Attorney General & 2 others {2018} eKLR: The Elections Laws (Amendment) Act 2017 sought to amend the Elections Act, 2011, The Independent Electoral and Boundaries Commission Act 2011 and The Election Offences Act, 2016. The above amendments were brought in to address problems as cited by the Supreme Court, while annulling the presidential elections. Due to agitation by stakeholders, the president refrained from signing them to law but the amendments became law in 2018 after the lapse of fourteen days and were published in the official gazette. However, the provisions are only interpreted in consideration to the Constitution of Kenya. Section 2 of the Elections Act sought to amend the definition of the Chairperson of the Commission was annulled. Section 7A and 7A (5) which deal with the filling of a vacancy in the office of chairperson were found to be unconstitutional. Sections 39 (1D) and 39(1)(F) on transmission of election results were found to be vague and unconstitutional. Section 83 was amended to read that for an election to be annulled there must not only be failure to comply with the Constitutional principles and election laws but also the failures must substantially affect the result of the election. The other amendments involved Section 6 and 14(2) of the Election Offences Act. The fine and sentence in Section 6 was enhanced while section 14(2) was deleted.
101	Legal Reforms & Advocacy		ELOG- Review law on appointment of IEBC Selection Panels to reintroduce representation from the Judicial Service Commission, Law Society of Kenya, Kenya Anti-Corruption Advisory Board, Association of Professional Societies of East Africa, and religious groups).		The Independent Electoral and Boundaries Commission (Amendment) Act, 2020 which provides for the reconstitution of the selection panel to include recommendations/representations from the Parliamentary Service Commission, the Law Society of Kenya and the Inter-religious Council of Kenya was gazetted and passed into law.
102	Legal Reforms & Advocacy		ELOG- Pass the Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 to improve the process of appointments of the IEBC Chairperson and Commissioners by the President and the National Assembly within seven days of the declaration of a vacancy in the office of the chairperson or member of the Commission.		The Independent Electoral and Boundaries Commission (Amendment) Bill, 2019- First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 which seeks to improve the process of appointments of the IEBC Chairperson and the Commissioners by the President and the National Assembly by providing a mode of representation for persons nominated. It also ensures the nomination process is done within seven days of the declaration of a vacancy in the office of the chairperson or member of the Commission. The Bill went through the first reading on 2nd May, 2019.		In the Report by JLAC dated 15 October 2020 on the Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 (National Assembly Bill No. 24), the Committee resolved that the bill sponsored by Hon. Jude Njomo should not be proceeded with as the subject matter that it sought to resolve had been addressed in the Independent Electoral and Boundaries Commission (Amendment)(No.3) Bill, 2019 (National Assembly Bill No. 35) which was passed into law in October 2020.
103	Legal Reforms & Advocacy		ELOG- Formulate rules to govern election appeals from the Court of Appeal to the Supreme Court.		The recommendation has remained at the proposal stage.
104	Legal Reforms & Advocacy		BBI recommends a move away from the common winner takes it all to an all-inclusive government through changes in government structure.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
105	Legal Reforms & Advocacy		BBI- Explore ways to enact provisions that reduce the disproportionately high costs of Kenyan elections e.g. the party list system.		A constitutional petition was tabled before the High Court that declared the entire BBI process and its attendant Constitution of Kenya Amendment Bill,2020 unconstitutional, null and void. In a pursuant petition, the Court of Appeal upheld the High Court's decision. Proponents of the initiative, the Attorney General and IEBC have since appealed to the Supreme Court of Kenya to challenge the decisions of the previous Courts.
106	Legal Reforms & Advocacy		The KNCHR recommended that Parliament ensures constant review of electoral laws that adhere to international standards.		The recommendation has remained at the proposal stage.
107	Legal Reforms & Advocacy		NCCK memorandum to the Senate on electoral reforms proposed the drafting of Boundaries Delimitation Regulations to give the amended Election Act legal effect. Implement a statutory framework to implement Article 89 of the Constitution.		The recommendation has remained at the proposal stage.
108	Legal Reforms & Advocacy		IEBC- Legal reforms and amendments of electoral laws should be carried out at least two years to the election to allow adequate time for implementation.		The recommendation has remained at the proposal stage.
109	Legal Reforms & Advocacy		IEBC- Extend the deadline for the determination of post-election presidential petitions and implement the suspended Election Campaign Financing Act, 2013.		There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which provides for the regulation campaign expenditures and the restriction of donations. In contrast, another bill was drafted and introduced by the Constitution Implementation Oversight Committee (CIOC) (Kioni Bill). The legislation, the Election Campaign Financing (Amendment) Bill, 2021 seeks to repeal 9 sections of the 2013 Act while introducing 4 new sections. In particular it seeks to define public funds and donations.
110	Legal Reforms & Advocacy		IEBC- Parliament to consider amendment of the law to provide for staggering of elections i.e. different dates for county and national elections.		The recommendation has remained at the proposal stage.
111	Legal Reforms & Advocacy		IEBC- Re-align the term of the County Assembly with that of the other elective seats.		The recommendation has remained at the proposal stage.
112	Legal Reforms & Advocacy		IEBC suggested the need to legislate the decisions by the Courts and develop the requisite rules and regulations for implementation.		The recommendation has remained at the proposal stage.
113	Legal Reforms & Advocacy		IEBC- Review of timelines under the Election Campaign Financing Act, 2013 to align with the Elections Act, 2011 timelines.		There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which provides for the regulation campaign expenditures and the restriction of donations. In contrast, another bill was drafted and introduced by the Constitution Implementation Oversight Committee (CIOC). The legislation, the Election Campaign Financing (Amendment) Bill, 2021 seeks to repeal 9 sections of the 2013 Act while introducing 4 new sections. In particular, the object of the Bill is to amend the Act, 2013 and align its provisions with those of the Elections Act, 2011. The intent is to further propose amendments that will enable implementation and enforceability as the current provisions do not take cognizant of current socio-economic and political structures which have hindered the full implementation of the law.
114	Legal Reforms & Advocacy		IEBC- Review of the Election Campaign Financing Act, 2013 to address, ambiguities, inconsistencies and flaws.		There are proposed amendments to the Election Campaign Financing Act No. 42 of 2013 through the Election Campaign Financing (Amendment) Bill, 2020 which provides for the regulation campaign expenditures and the restriction of donations. In contrast, another bill was drafted and introduced by the Constitution Implementation Oversight Committee (CIOC). The legislation, the Election Campaign Financing (Amendment) Bill, 2021 seeks to repeal 9 sections of the 2013 Act while introducing 4 new sections. In particular, the object of the Bill is to amend the Act, 2013 and align its provisions with those of the Elections Act, 2011. The intent is to further propose amendments that will enable implementation and enforceability as the current provisions do not take cognizant of current socio-economic and political structures which have hindered the full implementation of the law.
115	Legal Reforms & Advocacy		IEBC- Publication of the Election Campaign Financing Regulations to effectively operationalize the Act.	IEBC	IEBC published Campaign Financing Regulations in August 2021 that capped spending limits for political parties and candidates. However, in October 2021 vide a gazette notice, the Commission revoked the publication.
116	Legal Reforms & Advocacy		IEBC- Review of the provisions of Section 29 of the Elections Act which was considered unconstitutional by the High Court decision in; Council of Governors vs Inspector General, National Police Service & 3 others (2015).		The recommendation has remained at the proposal stage.
117	Legal Reforms & Advocacy		IEBC- Review of Section 319(2) (D) to enhance the regulation of the mode and conduct of party primaries and the attendant responsibility on the Commission to oversee this process.		The recommendation has remained at the proposal stage.
118	Legal Reforms & Advocacy		IEBC- Review of laws to provide that persons intending to contest in party primaries to be nominated as candidates for elections must also be members of the nominating parties at the time of submission of membership lists to the Commission.		The recommendation has remained at the proposal stage.
119	Legal Reforms & Advocacy		IEBC- Review of the timeline for submission and review of party lists to provide for additional time for review of re-submitted lists following resolution of disputes.		The recommendation has remained at the proposal stage.
120	Legal Reforms & Advocacy		IEBC- Review of Section 34(6A) to provide for further vetting of lists after publication where disputes have been heard and decisions issued that alter the party list.		The recommendation has remained at the proposal stage.
121	Legal Reforms & Advocacy		IEBC- Review of Regulation 54(8) of the Elections General Regulations to provide delineation between publication of the first list and the second list after the dispute resolution processes.		The recommendation has remained at the proposal stage.
122	Legal Reforms & Advocacy		IEBC- Review of processes post-dispute resolution to provide for a mechanism and period of reviewing lists to ensure compliance with court orders without re-opening a series of disputes by aggrieved persons noting that party list processes are required to be completed before the date of the general elections.		The recommendation has remained at the proposal stage.
123	Legal Reforms & Advocacy		IEBC- Legislative reform agenda that seeks to subject the Hare Quota principle to public scrutiny and have it legislated in the interest of transparency in the Commission’s processes.		The recommendation has remained at the proposal stage.
124	Legal Reforms & Advocacy		IEBC- Review the law on the mandate of the Commission to address errors in Gazettement of nominees on allocated seats by way of corrigendum against positions taken by the court that upon Gazettement allocation is complete and Commission is functus officio (Constitutional Petition No 456 Of 2017 Rahma Issak Ibrahim v Independent Electoral & Boundary Commission & 2 others [2017] Eklr).		The recommendation has remained at the proposal stage.
125	Legal Reforms & Advocacy		IEBC- Review of the law to address existing ambiguities, flaws and inconsistencies in the selection of nominees from party lists and allocation of special seats at the County Assemblies.		The recommendation has remained at the proposal stage.
126	Legal Reforms & Advocacy		IEBC- Implementation of the draft regulations to operationalize the Election Campaign Financing Act, 2013 to operationalize the Election Campaign Financing Act, 2013.		IEBC published Campaign Financing Regulations in August 2021 that capped spending limits for political parties and candidates. However, in October 2021 vide a gazette notice, the Commission revoked the publication.
127	Legal Reforms & Advocacy		The National Dialogue Conference (NDC) convened by the Dialogue Reference Group (DRG) recommended that Audit of the implementation of the Constitution be undertaken. The National Assembly should enact the law to facilitate this within 6 months.		The recommendation has remained at the proposal stage.
128	Legal Reforms & Advocacy		NDC- Initiate constitutional reforms to dignify the opposition by enabling the runners up in the Presidential election to serve as the Leader of Official Opposition in the National Assembly while the running mate becomes the Leader of Official Opposition in the Senate. The offices of the leader of official opposition should be adequately facilitated to perform oversight over the national government.		The recommendation has remained at the proposal stage.
129	Legal Reforms & Advocacy		NDC- Amend the constitution to provide that the runners up in the gubernatorial polls are facilitated to assume the position of Leader of Official Opposition in the counties with adequate resources to oversee the County governments. This facilitation should include a secretariat and advisors.		The recommendation has remained at the proposal stage.
130	Legal Reforms & Advocacy		NDC- Constitutional Commissions should be strengthened to enhance good governance.		The recommendation has remained at the proposal stage.
131	Legal Reforms & Advocacy		NDC- Operationalization of the Public Benefit Organizations Act 2013 should commence immediately to ensure that non-governmental organizations thrive and are accountable in their operations in a bid to expand the civic and democratic space in the country.		The recommendation has remained at the proposal stage.
132	Legal Reforms & Advocacy		NDC- The Dialogue Reference Group will establish a Human Rights Advisory Board comprised of religious leaders with a mandate to recommend steps to secure judicial independence, effectiveness of Constitutional Commissions and Independent Offices, and the faithful implementation of the Constitution of Kenya.		The recommendation has remained at the proposal stage.
133	Elections Technology		ELOG- Employ electronic system in elections: Open data election for the purposes of transparency, accountability and allow access to information on the elections.		The recommendation has remained at the proposal stage.
134	Elections Technology		ELOG- Review technology provisions in all election’s laws for example Election Laws (Amendment Act) 2016.		The recommendation has remained at the proposal stage.
135			ELOG- Pass the Huduma Bill 2019 which provides for the structure of the NIIMS data base and an in-depth procedure on collection and also maintains access to data. It sets out punitive measures in case of breach and sets out obligations, accountability and scope of data protection.		Huduma Bill, 2019 which will streamline and promote efficiency in delivery of public services and consolidate the law on registration of persons. The Bill is in Cabinet and public participation to the regulations was done in February, 2020. The Bill is awaiting adoption in Parliament.		In a recent judgment by the High Court of Kenya the collection of data and the roll-out of biometric Huduma cards for the country’s digital ID system, the National Integrated Identity Management System (NIIMS), was declared unconstitutional.
136	Elections Technology		ELOG- Develop Open Elections Data policy.		The recommendation has remained at the proposal stage.
137	Elections Technology		ELOG- Advocate for the implementation of a comprehensive legal framework for data protection i.e. Elections (Technology) Regulations, 2017.		Enactment of the Data Protection Act 2019.Implementation of the Data Protection Act 2019 which will be operationalized through regulations which went through public participation in February, 2020. This legislation provides for handling of data, transmission of data, security features and punitive measures all in accordance with General Data Protection Regulations (GDRP) 2016/679. The Act is not yet operational because a Data Commissioner is yet to be appointed but the position has been advertised. The regulations are waiting to published and soon after to be tabled in Parliament for adoption. The Computer Misuse and Cybercrimes Act 2018 has since been enacted and deemed constitutional in a recent High Court Judgment dated February 20, 2020.
138	Elections Technology		European Union Election Observation Mission (EU EOM) recommended that the IEBC be bound to the constitutional requirement of having the electoral system be simple, accurate, verifiable, secure, accountable and transparent.		The recommendation has remained at the proposal stage.
139	Elections Technology		EU EOM- transparent procedures for counting, tallying and results transmission processes, improved results transmission software and network selection provision, timely updates on IEBC website to allow time for checking and preparation of possible petitions.		The recommendation has remained at the proposal stage.

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