This chapter applies to listed constitutional commissions and independent offices; it sets their objects, independence, funding, appointment, tenure, removal, powers, corporate status, and reporting.
In the classroom:
Chapter Fifteen covers Articles 248–254. It identifies which commissions and independent offices are covered; states their objects and that they are independent and adequately funded; sets composition, appointment, terms, and removal; gives general functions and powers; provides for incorporation; and requires annual and other reports.
Art. 248 — Application · 249 — Objects, authority and funding · 250 — Composition and terms · 251 — Removal · 252 — General functions and powers · 253 — Incorporation · 254 — Reporting
✎ Multiple Choice — 10 Questions
Questions 1–7 follow Chapter 15; 8–10 are short scenarios. Choose an answer for each question.
Use Clue for a hint (overlay). Correct answers and explanations appear only after all ten are answered and you click See results.
1. Chapter Fifteen of the Constitution is titled:
2. Objects of commissions and independent offices include:
3. Removal of a commission member (other than ex officio) or holder of an independent office follows:
4. The Kenya National Human Rights and Equality Commission is listed as:
5. Commissions and holders of independent offices are, under Article 249(2):
6. Article 252 concerns:
7. If the Executive removes a commissioner without the grounds and procedure in the Constitution:
8. The Ethics and Anti-Corruption Commission is best understood in context as:
9. Appointments to commissions and independent offices shall take into account, under Article 250(4):
10. Annual reports to the President and Parliament, and publication of reports, are provided for under:
Your saved score appears here after you complete this lesson.
Article 248 — Application of Chapter
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.
The commissions are—
the Kenya National Human Rights and Equality Commission;
the National Land Commission;
the Independent Electoral and Boundaries Commission;
the Parliamentary Service Commission;
the Judicial Service Commission;
the Commission on Revenue Allocation;
the Public Service Commission;
the Salaries and Remuneration Commission;
the Teachers Service Commission; and
the National Police Service Commission.
The independent offices are—
the Auditor-General; and
the Controller of Budget.
Article 249 — Objects, authority and funding of commissions and independent offices
The objects of the commissions and the independent offices are to—
protect the sovereignty of the people;
secure the observance by all State organs of democratic values and principles; and
promote constitutionalism.
The commissions and the holders of independent offices—
are subject only to this Constitution and the law; and
are independent and not subject to direction or control by any person or authority.
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
Each commission shall consist of at least three, but not more than nine, members.
The chairperson and each member of a commission, and the holder of an independent office, shall be—
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 shall have the specific qualifications required by this Constitution or national legislation.
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.
A member of a commission may serve on a part-time basis.
A member of a commission, or the holder of an independent office—
unless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment; and
unless ex officio or part-time, shall not hold any other office or employment for profit, whether public or private.
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.
The remuneration and benefits payable to, or in respect of, the members of a commission or the holder of an independent office shall not be varied to the disadvantage of that person during their respective terms of office.
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.
The members of a commission shall elect a vice-chairperson from among themselves—
at the first sitting of the commission; and
whenever it is necessary to fill a vacancy in the office of the vice-chairperson.
The chairperson and vice-chairperson of a commission shall not be of the same gender.
There shall be a Secretary to each commission who shall be—
appointed by the commission; and
the chief executive officer of the commission.
Article 251 — Removal from office
A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for—
serious violation of this Constitution or any other law, including a contravention of Chapter Six;
gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise;
physical or mental incapacity to perform the functions of office;
incompetence; or
bankruptcy.
A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.
The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.
On receiving a petition under clause (3), the President—
may suspend the member or office holder pending the outcome of the complaint; and
shall appoint a tribunal in accordance with clause (5).
The tribunal shall consist of—
a person who holds or has held office as a judge of a superior court, who shall be the chairperson;
at least two persons who are qualified to be appointed as High Court judges; and
one other member who is qualified to assess the facts in respect of the particular ground for removal.
The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.
Article 252 — General functions and powers
Each commission, and each holder of an independent office—
may conduct investigations on its own initiative or on a complaint made by a member of the public;
has the powers necessary for conciliation, mediation and negotiation;
shall recruit its own staff; and
may perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by this Constitution.
A complaint to a commission or the holder of an independent office may be made by any person entitled to institute court proceedings under Article 22(1) and (2).
The following commissions and independent offices have the power to issue summons to a witness to assist for the purposes of its investigations—
the Kenya National Human Rights and Equality Commission;
the Judicial Service Commission;
the National Land Commission; and
the Auditor-General.
Article 253 — Incorporation of commissions and independent offices
Each commission and each independent office—
is a body corporate with perpetual succession and a seal; and
is capable of suing and being sued in its corporate name.
Article 254 — Reporting by commissions and independent offices
As soon as practicable after the end of each financial year, each commission, and each holder of an independent office, shall submit a report to the President and to Parliament.
At any time, the President, the National Assembly or the Senate may require a commission or holder of an independent office to submit a report on a particular issue.
Every report required from a commission or holder of an independent office under this Article shall be published and publicised.