16 historical challenges, guarantee the sovereignty of the Kenyan people (Articles 1 and 249), and promote constitutionalism and democratic principles (Article 249). The electoral framework is thus an essential element in the process of recruitment and ultimate accountability of democratic leaders, peaceful political transition, and preserving unity and sovereignty of the Kenyan people. The Elections Act, 2011, Election Campaign Financing Act, Election Offences Act and the Political Parties Act, 2011, make substantive provisions in relation to the elements of the electoral framework. 1.9.8 Independence of the IEBC 1.9.8.1 Kenya has adopted the independent model of elections management. The IEBC is established under Article 88 of the Constitution and given functional and operational autonomy subject to the Constitution. The functions of the Commission are set out under Article 88(4) of the Constitution. Article 249 guarantees the independence of independent commissions and offices. The Commission has autonomy in respect to its appointment, composition, tenure, finances and operations. 1.9.8.2 The objective of the Commission’s independence is to protect the sovereignty of the Kenyan people, secure observance of democratic values and promote constitutionalism (Article 249). The legislation setting out the internal governance of the Commission is the Independent Electoral and Boundaries Commission Act, 2011. There is a significant increase in investment in the Commission to enable it to better discharge its broadened mandate. The Constitution and the aforesaid legislation, provide for an independent Commission which includes the Commissioners and a strong secretariat establishment led by the Chief Executive Officer. The Commission is composed of 7 Commissioners, including a Chair and Vice Chair. The Commission has the power to issue regulations, procedures or directives to fulfil its mandate. 1.9.9 Electoral Dispute Resolution 1.9.9.1 Kenya’s constitutional and legal framework for elections involves a diversity of actors in EDR throughout the election process, with different powers, timelines and procedures. EDR actors range from administrative bodies like the IEBC’s Nomination Disputes Resolution Committee (IEBC NDRC) with quasi-judicial powers, to quasi-judicial tribunals (Political Parties Dispute Tribunal) and ordinary courts. 1.9.9.2 Courts discharge their role in EDR guided mainly by the principles, values, requirements and standards set out in Articles 38, 81, 86 and 159 of the Constitution (Hassan Abdalla Albeity v Abu Chiaba & Another, Malindi Election Petition No. 9 of 2013). Articles 38(2) and 81(d) of the Constitution require the IEBC to conduct ‘free, fair and regular elections based on universal suffrage and the free expression of the will of the electors’. Articles 81(e) and 86(a) of the Constitution require the IEBC to conduct elections in a manner that is ‘simple, accurate, verifiable, secure, accountable and transparent’. Articles 81(e) and 86(d) of the Constitution require the IEBC to establish ‘appropriate structures and mechanisms to eliminate electoral fraud and malpractice’. 1.9.9.3 In the case of Raila Odinga v IEBC & 2 Others, Supreme Court Election Petition 1 of 2017, the Supreme Court stated: Having analyzed the wording of Section 83 of the Elections Act, bearing in mind its legislative history in Kenya and genesis from the Ballot Act and also in light of the need to keep in tune with Kenya’s transformative Constitution, it is clear to us that the correct interpretation of the Section is one that ensures that elections are a true BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION