You are here: Home Constitution of Kenya Chapter Fifteen - Commissions and Independent Offices 250. Composition, appointment and terms of office

Constitution of Kenya

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.

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