EXPLAINER: How vacancies in commissions, independent offices are filled

Composition of selection panel is determined by the Act establishing the commission

In Summary
  • To be appointed, a person shall have the specific qualifications required by the Constitution or national legislation.
  • The members of a commission 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.
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President William Ruto on Thursday kicked off the process to fill imminent vacancies at constitutional commissions and independent offices.

The terms of office for chairpersons and members of four constitutional bodies are set to end.

Ruto convened three selection panels to select suitable candidates for appointment at the Salaries and Remuneration Commission, Commission on Administrative Justice, National Gender and Equality Commission and Independent Policing Oversight Authority.

The composition of the selection panels varies as they are guided by the Act establishing the various commissions and independent offices.

Appointments to commissions and independent offices take into account 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.

To be appointed, a person shall have the specific qualifications required by the Constitution or national legislation.

The members of a commission 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 are not of the same gender.

When there is a vacancy at the Independent Policing Oversight Authority, the President constitutes a selection panel comprising one person from the Office of the President; the Judicial Service Commission; the commission responsible for matters relating to anti-corruption; Kenya National Commission on Human Rights; and commission responsible for matters relating to gender.

The Public Service Commission then convenes the first meeting of the selection panel, at which the members of the selection panel shall elect a chairperson from among their number; and provide the selection panel with such facilities and other support as it may require for the discharge of its functions.

The selection panel shall, within seven days of its convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for nomination and appointment for the position of chairperson and members of the Board.

When there is a vacancy at the National Gender and Equality Commission, the selection panel consists of one person from the Office of the President, the ministry responsible for matters relating to justice; the ministry responsible for matters relating to gender and social development; Public Service Commission; the Association of Professional Societies in East Africa, the Kenya Private Sector Alliance; and the National Council for Persons with Disabilities.

The selection panel determines its procedure, and the ministry responsible for public service provides it with such facilities and other support as it may require for the discharge of its functions.

When filling positions at the Commission on Administrative Justice, the President convenes a selection panel consisting of one person from the Office of the President; the ministry responsible for matters relating to justice; the Public Service Commission; the Association of Professional Societies in East Africa; and the National Council for Persons with Disabilities.

The selection panel determines its procedure in the execution of its mandate.

Members of the Salaries and Remuneration Commission are nominated by a joint forum of professional bodies represented by the Association of Professional Societies of East Africa.

The nominating body, by advertisement in at least two local daily newspapers of national circulation, invites applications from persons who qualify for nomination under the Constitution and SRC Act for nomination as a member of the commission.

The President convenes a selection panel to select suitable candidates for appointment as the chairperson.

The panel shall comprise a chairperson and four other members drawn from the executive and professional organisations.

The chairperson and members serve on a part-time basis for a non-renewable term of six years.

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