Kenya promulgated her constitution in the year 2010, which established many commissions and offices.

This constitution  through chapter fifteen which states Commissions and Independent Offices brought into existence of several commissions and among them are ;

1. Kenya National Human Rights and Equality Commission(KNHREC)

2. National Land Commission(NLC)

3. Independent Electoral and Boundaries Commission(IEBC)

4. Parliamentary Service Commission(PSC)

5. Judicial Service Commission(JSC)

6. Commission on Revenue Allocation(CRA)

7. Public Service Commission

8. Salaries and Remuneration Commission(SRC)

9. Teachers Service Commission(TSC)

10. National Police Service Commission(NPSC)

11. Ethics and Anti-corruption Commission(EACC).

Composition, appointment and terms of office in these Commissions. 

Through the constitution of Kenya its clear that ;

1. Each commission shall consist of at least three members and not exceed more than nine members.

2. The chairperson and each member of a commission, and the holder of an independent office, shall be;

a) identified and recommended for appointment in a manner prescribed by national legislation;

b) approved by the National Assembly; and (c) appointed by the President.

3. For one to be appointed he or she shall have the specific qualifications required by this Constitution or national legislation.

4. The appointments to commissions and independent offices shall take into account the national values referred to in Article 10 of the constitution and the principle that the composition of the commissions and offices, taken as a whole, shall reflect the regional and ethnic diversity of the people of Kenya.

5. A member of a commission may serve on a part-time basis.

6. A member of a commission, or the holder of an independent office;

a) unless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment; and

b) unless ex officio or part-time, shall not hold any other office or employment for profit, whether public or private.

7. The remuneration and benefits payable to or in respect of a commissioner or the holder of an independent office shall be a charge on the Consolidated Fund.

8. The remuneration and benefits payable to, or in respect of, a commissioner or the holder of an independent office shall not be varied to the disadvantage of that commissioner or holder of an independent office.

9. A member of a commission, or the holder of an independent office, is not liable for anything done in good faith in the performance of a function of office.

10. The members of a commission shall elect a vice-chairperson from among themselves during the first sitting of the commission and whenever it is necessary to fill a vacancy in the office of the vice-chairperson.

11. The chairperson and vice-chairperson of a commission shall not be of the same gender.

12. There shall be a Secretary to each commission who shall be;

a) appointed by the commission

b) the chief executive officer of the commission.

Removal of a member from the Commission 

1. A member can be removed from a commission if he or she commits ;

a) Serious violation of this Constitution or any other law, including a contravention of Chapter Six which include;

b) Gross misconduct.

c) physical or mental incapacity to perform the functions of office;

d) incompetence

e) bankruptcy

2. A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.

3. The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.

4. On receiving a petition under clause (3), the President

a) may suspend the member or office holder pending the outcome of the complaint and

(b) shall appoint a tribunal in accordance with clause (5).

5. The tribunal shall consist of—

a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson;

b) at least two persons who are qualified to be appointed as High Court judges; and

c) one other member who is qualified to assess the facts in respect of the particular ground for removal.

6. The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.

7. A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.

SOURCEClifford Mbaka articles
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