Independent Review Committee TORs – KNDR

Kenya National Dialogue and Reconciliation
INDEPENDENT REVIEW COMMITTEE

Terms of Reference

The members of the Panel of Eminent African Personalities (The Panel), together with
the Parties to the National Dialogue and Reconciliation:

Recalling the 14 February 2008 agreement by the Parties, witnessed by H.E. Kofi Annan
for the Panel of Eminent African Personalities, to establish an Independent Review
Committee, a non-judicial body, which would be mandated to investigate all aspects of
the 2007 Presidential Election and make findings and recommendations to improve the
electoral process;

Agreed that the Independent Review Committee (IREC) will be established under the
Commissions of Inquiry Act, and will conduct its mandate in accordance with the
following Terms of Reference:

Key Activities

The activities of the IREC shall be:

a. Analysis of the constitutional and legal framework to establish the basis for the
conduct of the 2007 elections and to identify any weaknesses or inconsistencies in
the electoral legislation;

b. Examination of the organizational structure, composition, and management
systems of the Electoral Commission of Kenya (ECK) to assess its independence,
capacity and functioning during the preparation and conduct of the 2007
elections;

c. Examination of the public participation in the 2007 electoral process and the
electoral environment, including the roles and conduct of the political parties,
media, civil society and observers;

d. Investigation of the organization and conduct of the 2007 electoral operations
including: civic and voter education; training; voter registration; logistics and
security; polling and counting; vote tabulation and results processing; and dispute
resolution;

e. Investigation into the vote counting and tallying for the entire election with
special attention to the presidential elections in order to assess the integrity of the
results and make recommendations for improvements, adjustments or overhaul of
the system.

f. Assess the functional efficiency of the ECK and its capacity to discharge its
mandate;

g. Proposal of recommendations on electoral reform including constitutional,
legislative, operational and institutional aspects, as well as on accountability
mechanisms for ECK Commissioners and staff pertaining to electoral
malpractices, in order to improve future electoral processes;

h. Presentation of its findings on the above activities;

i. Any other tasks that the IREC may deem necessary in fulfilling its mandate.

National Cooperation
All national authorities whose activities have a substantive relationship to the above
activities are requested to extend maximum cooperation to the IREC. The IREC shall be
permitted access to all electoral materials

Composition

The IREC will comprise seven members, including a Chair, all of whom having the
highest professional standing and personal integrity. The Chair will be an internationally
recognized eminent jurist. The other members of the Committee will be experienced
electoral experts:

· Four will be Kenyan, two of whom will be nominated by the Government/PNU and
two nominated by the ODM.

· The remaining three members will be international experts, nominated by the Panel,
following consultation with the Government/PNU and the ODM.

A Support Office will be established to provide substantive and administrative support to
the Committee. It will be based in Nairobi and headed by an international electoral
expert.

Methodology

In the performance of its functions, the Committee:

a. Shall hold public hearings in Nairobi and at such other places as it shall deem
necessary for the proper discharge of its mandate;

b. May hold private hearings whenever it becomes necessary to instill confidence in
the people appearing before the committee or to allay their fears of adversity or
reprisals;

c. May carry out or cause to be carried out such studies or research as may inform it
on its mandate;

d. May receive written memoranda from individuals and groups on all issues
relevant to its mandate;

e. Shall have access to all the electoral and related documents necessary for the
effective discharge of its mandate;

f. Shall publish its rules of procedure in the Kenya Gazette; and

g. Subject to the foregoing, the Committee shall develop its own work plan and
procedures.

Outputs and Timeline

The IREC should start its work no later than 15 March, 2008. Within three to six months
of the commencement of its work, the IREC will produce a final report of its findings and
recommendations that will be submitted to the President, with a copy to the Panel. The
report will subsequently be made public, in English and Swahili, within 14 days of
submission.

Financing/Logistics

The Committee will be funded by the Kenyan Government and the Trust Fund for
National Dialogue and Reconciliation, and with logistic support from the African Union
and the United Nations.

Independent Review Committee

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