Commissions and Independent Offices

1. 248Application of ChapterThe Chapter on commissions and independent offices applies to ten listed commissions (including the IEBC, National Land Commission and Public Service Commission) and two independent offices: the Auditor-General and the Controller of Budget, unless the Constitution says otherwise.
2. 249Objects, authority and funding of commissions and independent officesCommissions and independent offices exist to protect the sovereignty of the people, make State organs observe democratic values, and promote constitutionalism. They are subject only to the Constitution and law, are independent of any direction or control, and Parliament must fund each adequately.
3. 250Composition, appointment and terms of officeCommissions have three to nine members, recommended as national law prescribes, approved by the National Assembly and appointed by the President. Most serve one six-year term, and pay cannot be reduced during it. A commission's chair and vice-chair must not be of the same gender.
4. 251Removal from officeA commission member or independent office holder may be removed only for serious violation of law, gross misconduct, incapacity, incompetence or bankruptcy. Anyone may petition the National Assembly; a tribunal investigates and its recommendation binds the President. They may be suspended on half pay.
5. 252General functions and powersCommissions and independent offices may investigate on their own initiative or on a public complaint, and may conciliate and mediate. They recruit their own staff. The Human Rights and Equality Commission, Judicial Service Commission, National Land Commission and Auditor-General can summon witnesses.
6. 253Incorporation of commissions and independent officesEach commission and independent office is a body corporate with perpetual succession and a seal, and can sue and be sued in its own name.
7. 254Reporting by commissions and independent officesEach commission and independent office must report to the President and Parliament after every financial year. The President, National Assembly or Senate may also require a report on a particular issue. All such reports must be published and publicised.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.