These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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Ensuring Independence and Accountability: Provisions for Commissions and Independent Offices in the Kenya Constitution, 2010CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
Overview;CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES in the Kenya Constitution, 2010 establishes the framework for the functioning of various commissions and independent offices in the country. According to the Constitution, these commissions and offices are subject only to the Constitution and the law, and they are independent entities that are not subject to the direction or control of any person or authority.
The Constitution recognizes the importance of providing adequate funding to enable each commission and independent office to perform its functions. Parliament is tasked with allocating sufficient funds for this purpose, and the budget of each commission and independent office is treated as a separate vote. In terms of composition, each commission is required to consist of at least three, but not more than nine, members. The appointment process for the chairperson and members of a commission, as well as for the holder of an independent office, involves identification and recommendation as prescribed by national legislation, approval by the National Assembly, and appointment by the President. It is also mandated that individuals being appointed must possess the specific qualifications required by the Constitution or national legislation. Furthermore, certain commissions and independent offices have the power to issue a summons to a witness for the purpose of their investigations. These include the Kenya National Human Rights and Equality Commission, the Judicial Service Commission, the National Land Commission, and the Auditor-General. Each commission and independent office is considered a body corporate with perpetual succession and a seal, and they have the capacity to sue and be sued in their corporate name. Lastly, these commissions and independent offices are required to submit a report to the President and Parliament as soon as practicable after the end of each financial year. In summary, CHAPTER FIFTEEN of the Kenya Constitution, 2010 establishes the principles and provisions for the functioning, composition, appointment, and reporting of commissions and independent offices in the country. It emphasizes their independence, the allocation of adequate funds, and the need for transparency and accountability in their operations. Citation: The Kenya constitution, 2010 Reporting Requirements for Commissions and Independent Offices in KenyaREPORTING BY COMMISSIONS AND INDEPENDENT OFFICES.
EXPLAINED;As outlined in the Kenya Constitution, 2010, commissions and independent offices in Kenya have specific reporting requirements to ensure transparency and accountability.
The constitution stipulates the following obligations:
By mandating the submission of annual and special reports, as well as the publication and publicizing of these reports, the Kenya Constitution, 2010 establishes a framework for the effective oversight of commissions and independent offices. This promotes transparency, allows for the evaluation of their performance, and ensures that the public can access vital information about their activities. Citation: The Kenya Constitution, 2010 Incorporation Status of Commissions and Independent Offices in KenyaINCORPORATION OF COMMISSIONS AND INDEPENDENT OFFICES.
EXPLAINED;According to the Kenya Constitution, 2010, each commission and independent office in Kenya has a specific incorporation status.
The Constitution states that:
These provisions of incorporation ensure that commissions and independent offices in Kenya have the necessary legal capacity and protection to carry out their functions effectively. By being recognized as body corporates with perpetual succession, possessing a seal, and having the ability to sue and be sued, they are empowered to engage in legal transactions, protect their interests, and fulfill their mandates under the Kenya Constitution. Citation: The Kenya Constitution, 2010 Functions and Powers of Commissions and Holders of Independent Offices in KenyaGENERAL FUNCTIONS AND POWERS.
EXPLAINED;According to the Kenya Constitution, 2010, commissions and holders of independent offices have specific functions and powers outlined in the Constitution. These include:
Furthermore, certain commissions and independent offices have the power to issue a summons to a witness to assist in their investigations. The Kenya National Human Rights and Equality Commission, the Judicial Service Commission, the National Land Commission, and the Auditor-General are specifically mentioned as having this power. These provisions in the Kenya Constitution, 2010 empower commissions and holders of independent offices to carry out their mandated functions effectively. By conducting investigations, facilitating dispute resolution, recruiting staff, and exercising additional powers prescribed by legislation, they play a crucial role in promoting accountability, protecting human rights, ensuring the rule of law, and addressing public concerns. Citation: The Kenya Constitution, 2010 Grounds for Removal from Office for Members of Commissions and Holders of Independent Offices in KenyaREMOVAL FROM OFFICE.
EXPLAINED;According to the Kenya Constitution, 2010, a member of a commission or the holder of an independent office can only be removed from office for specific grounds. These grounds include:
The National Assembly will consider the petition and, if satisfied that it discloses a valid ground, will send the petition to the President. Upon receiving the petition, the President has the authority to suspend the member or office holder pending the outcome of the complaint. The President is also required to appoint a tribunal consisting of individuals with the necessary qualifications and expertise to investigate the matter. The tribunal must consist of a chairperson who holds or has held office as a judge of a superior court, at least two persons qualified to be appointed as High Court judges, and one other member qualified to assess the facts in respect of the specific ground for removal. Once appointed, the tribunal will conduct an expeditious investigation, report on the facts, and make a binding recommendation to the President within thirty days. The President is then obligated to act in accordance with the tribunal's recommendation. It is important to note that a person who is suspended under these circumstances is entitled to continue receiving half of the remuneration and benefits of the office while suspended. In conclusion, the Kenya Constitution, 2010 provides clear grounds for the removal of members of commissions and holders of independent offices. This ensures accountability and integrity in public service, as these individuals can be held accountable for serious violations, misconduct, incapacity, incompetence, or bankruptcy. The process of removal involves a thorough investigation by a tribunal and a binding recommendation to the President, who is required to act accordingly. Citation: The Kenya Constitution, 2010 Composition, Appointment, and Terms of Office for Commissions and Independent Offices under the Kenya Constitution, 2010COMPOSITION, APPOINTMENT AND TERMS OF OFFICE.
EXPLAINED;In the Kenya Constitution, 2010, the composition, appointment, and terms of office for commissions and independent offices are outlined in detail. According to Article 250, each commission shall consist of at least three, but not more than nine, members. The chairperson and each member of a commission, as well as the holder of an independent office, are identified and recommended for appointment in a manner prescribed by national legislation, approved by the National Assembly, and appointed by the President.
To be appointed, a person must have the specific qualifications required by the Constitution or national legislation. Furthermore, appointments to commissions and independent offices must take into account the national values outlined in Article 10 and ensure that the composition of these bodies reflects the regional and ethnic diversity of the people of Kenya. Members of a commission may serve on a part-time basis, unless they hold an ex officio position. Additionally, members of a commission or the holder of an independent office, unless ex officio or part-time, are not allowed to hold any other office or employment for profit, whether public or private. The remuneration and benefits payable to commissioners or holders of independent offices are a charge on the Consolidated Fund and shall not be varied to their disadvantage. These individuals are also protected from liability for anything done in good faith in the performance of their functions. Furthermore, each commission has a vice-chairperson who is elected from among the members, and the chairperson and vice-chairperson must not be of the same gender. Additionally, each commission has a Secretary who is appointed by the commission and serves as its chief executive officer. It is important to note that these provisions are aimed at ensuring the independence and integrity of commissions and independent offices in Kenya. By adhering to the requirements set out in the Constitution, the appointment process and terms of office for these entities are designed to promote transparency, accountability, and representativeness. In conclusion, the Kenya Constitution, 2010 establishes the composition, appointment, and terms of office for commissions and independent offices in the country. These provisions are crucial for maintaining the independence and effectiveness of these bodies in serving the people of Kenya. Citation: The Kenya Constitution, 2010 Upholding Democratic Principles and Constitutionalism: Objects, Authority, and Funding of Commissions and Independent Offices under the Kenya Constitution, 2010OBJECTS, AUTHORITY AND FUNDING OF COMMISSIONS AND INDEPENDENT OFFICES.
EXPLAINED;The Kenya Constitution, 2010 establishes that the commissions and independent offices serve important purposes in upholding democratic principles, protecting the sovereignty of the people, and promoting constitutionalism. Let us delve into the objects, authority, and funding of these bodies as outlined in the Constitution.
Objects: The primary objects of the commissions and independent offices are:
Authority and Independence: The commissions and holders of independent offices operate with specific authority and independence. According to the Kenya Constitution, 2010:
Funding: To ensure the effective functioning of each commission and independent office, Parliament is mandated to allocate adequate funds. Key points regarding funding include:
Citation: The Kenya Constitution, 2010 Application and Scope of Chapter: Commissions and Independent Offices under the Kenya Constitution, 2010Application of Chapter.
Explained;In accordance with the Kenya Constitution, 2010, Chapter applies to specific commissions and independent offices, unless specified otherwise. This Chapter provides a framework for the functioning, responsibilities, and independence of these bodies. Let us delve into the commissions and independent offices to which this Chapter applies:
Commissions:
It is important to note that these commissions and independent offices operate independently and are not subject to the direction or control of any person or authority. Their functions and budgets are allocated by Parliament to enable them to carry out their responsibilities effectively. In conclusion, the application of Chapter in the Kenya Constitution, 2010 extends to various commissions and independent offices. These bodies play crucial roles in safeguarding human rights, managing land matters, conducting fair elections, promoting efficient governance, ensuring equitable resource allocation, maintaining a professional public service, and fostering transparency and accountability in financial management. Their independence and adherence to the Constitution and the law ensure their effectiveness in serving the people of Kenya. Citation: The Kenya Constitution, 2010 |
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