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
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