Kenyan Constitution, Chapter Fifteen, Article 248 to 250

By Juma / Published December 22, 2016 | 7:14 am

Commissions and Independent Offices

Article 248: Application of Chapter

(1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides otherwise.
(2) The commissions are–

(a) the Kenya National Human Rights and Equality Commission;
(b) the National Land Commission;
(c) the Independent Electoral and Boundaries Commission;
(d) the Parliamentary Service Commission;
(e) the Judicial Service Commission;
(f) the Commission on Revenue Allocation;
(g) the Public Service Commission;
(h) the Salaries and Remuneration Commission;
(i) the Teachers Service Commission; and
(j) the National Police Service Commission.

(3) The independent offices are–

(a) the Auditor-General; and
(b) the Controller of Budget.

Article 249: Objects, authority and funding of commissions and independent offices

(1) The objects of the commissions and the independent offices are to–

(a) protect the sovereignty of the people;
(b) secure the observance by all State organs of democratic values and principles; and
(c) promote constitutionalism.

(2) The commissions and the holders of independent offices-

(a) are subject only to this Constitution and the law; and
(b) are independent and not subject to direction or control by any person or authority.

(3) Parliament shall allocate adequate funds to enable each commission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote.

Article 250: Composition, appointment and terms of office

(1) Each commission shall consist of at least three, but not 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) To be appointed, a person shall have the specific qualifications required by this Constitution or national legislation.
(4) Appointments to commissions and independent offices shall take into account the national values referred to in Article 10, 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, the members of a commission or the holder of an indepenedent office shall not be varied to the disadvantage of that person during their respective terms of 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–

(a) at the first sitting of the commission; and
(b) 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; and
(b) the chief executive officer of the commission.

About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.(020) 528 0222 or Email: info@sokodirectory.com

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