Commission for the Implementation of the Constitution Act

Section 1. Short title and Commencement Section This Act may be cited as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") for the mplementation of the Constitution Act, 2010 and shall come into operation within two days of its publication in the Gazette .

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Chairperson" means the Chairperson appointed in accordance with the Constitution and section 8 of this Act; "Commission" means the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution; "Parliamentary Select Committee" means the Constitutional Implementation Oversight Committee established in accordance with section 4 of the Sixth Schedule to the Constitution; "Secretary" means the Secretary appointed in accordance with section 13 of this Act.

Section 3. Incorporation of theCommission Section 3(1)(a) suing and being sued; Section 3(1)(b) acquiring, holding, charging and disposing of movable and immovable property; and Section 3(1)(c) doing or performing all such other things or acts for the proper discharge of its functions under the Constitution and this Act. Section 3(2) The headquarters of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be in Nairobi, but the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may establish branches at any place in Kenya.

Section 4. Functions of theCommission Section monitor, facilitate, and oversee the development of legislation and administrative procedures required to implement the Constitution;

Section 5. Powers of theCommission Section 5(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall have all powers generally necessary for the execution of its functions under the Constitution and this Act. Section 5(2) At least five of the members, including the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") , shall serve on a full time basis.

Section 6. Membership of theCommission Section The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall consist of a Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and eight other members appointed in accordance with the Constitution and the provisions of this Act.

Section 7. Qualifications ofChairpersonand members Section 7(1)(a) is a citizen of Kenya; Section 7(1)(b) is the holder of a degree from a recognized university; Section 7(1)(c) law; Section 7(1)(c)(i) law; Section 7(1)(c)(ii) public administration; Section 7(1)(c)(iii) economics; Section 7(1)(c)(iv) human rights; or Section 7(1)(c)(v) government; Section 7(1)(d) meets the requirements of Chapter Six of the Constitution. Section 7(2) The Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be a person who is qualified to hold the office of judge of the Supreme Court under the Constitution. Section 7(3)(a) is a State officer; Section 7(3)(b) is a member of a local authority; Section 7(3)(c) is bankrupt; or Section 7(3)(d) has served as a member of the Committee of Experts appointed under the Constitution of Kenya Review Act, 2008 ( No. 9 of 2008 ).

Section 8. Procedure for appointment of members Section 8(1) The President in consultation with the Prime Minister shall, within seven days of the commencement of this Act, by notice in the Gazette declare vacancies in the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") and request for applications. Section 8(2)(a) qualified person; or Section 8(2)(b) person, organization or group of persons proposing the nomination of any qualified person. Section 8(3) The names of all applicants under subsection (2) shall be published in the Gazette . Section 8(4)(a) Cabinet Office; Section 8(4)(b) Office of the Prime Minister; Section 8(4)(c) Ministry of Justice, National Cohesion and Constitutional Affairs; Section 8(4)(d) State Law Office; Section 8(4)(e) Ministry of State for Public Service; and Section 8(4)(f) Public Service Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , Section 8(5) The President in consultation with the Prime Minister shall, within seven days of the expiry of the period prescribed...

Section 9.Chairperson Section 9(1) The Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and members of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be appointed by the President in accordance with section 8 . Section 9(2) The Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") shall, within seven days of the appointment of the members, convene the first meeting of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") at which the members shall elect the Vice- Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") from amongst the members. Section 9(3)(a) preside over all meetings of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to th...

Section 10. Tenure of office ofChairpersonand members Section The term of office of the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") or a member shall be from the date of appointment and shall, unless the office falls vacant earlier owing to any reason specified in the Constitution or section 11 of this Act, terminate on the dissolution of the Commission.

Section 11. Vacancy Section 11(1)(a) dies; Section 11(1)(b) by a notice in writing addressed to the President, resigns from office; Section 11(1)(c) is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution; Section 11(1)(d) is unable to discharge the functions of his office by reason of physical or mental infirmity; Section 11(1)(e) is absent from three consecutive meetings of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") without good cause; or Section 11(1)(f) is declared bankrupt. Section 11(2) The Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") or a member may be removed from office for misbehavior or misconduct incompatible with the functions of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") . Section 11(3) The President shall notify every resignation, vacancy or termination in the Gazette within seven days.

Section 12. Filling of vacancy Section 12(1) Where a vacancy occurs in the membership of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") in accordance with section 11 , the President, in consultation with the Prime Minister, shall nominate a member for approval by the National Assembly in accordance with section 8 . Section 12(2) Notwithstanding the provisions of subsection (1), the President, in consultation with the Prime Minister, may select a nominee from the list provided by the Public Service Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") under section 8 (4) for the purposes of filling a vacancy. Section 12(3) The member appointed under subsection (1) shall serve for the remainder of the term.

Section 13. Appointment of secretary Section 13(1) There shall be a secretary of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") and whose term of office shall be from the date of appointment until dissolution of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") unless the office falls vacant earlier owing to any reason specified under subsection (4). Section 13(2)(a) the day to day administration and management of the affairs of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 13(2)(b) the co-ordination of the studies, research and evaluation of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 13(2)(c) the recording of the proceedings of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Const...

Section 14. Oath of office Section The Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") , members and the secretary shall each make and subscribe before the Chief Justice, the oath or affirmation set out in the First Schedule.

Section 15. Committees of theCommission Section 15(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may, from time to time, establish committees for the better carrying out of its functions. Section 15(2) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may hire experts or consultants whose knowledge and skills are found necessary for the functions of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") .

Section 16. Procedure of theCommission Section 16(1) Subject to this section, the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall regulate its own procedure. Section 16(2) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall hold such number of meetings in such places, at such times and in such manner as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall consider necessary for the discharge of its functions under the Constitution and this Act. Section 16(3) The quorum of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be two-thirds of its members.

Section 17. Terms and conditions of service Section 17(1) The salaries and allowances payable to, and other terms and conditions of service of the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and the members shall, pending the establishment of the Salaries and Remuneration Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , be determined by the Public Service Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") in consultation with the Treasury. Section 17(2) The salaries and allowances provided for under subsection (1) shall be charged on the Consolidated Fund.

Section 18. Appointment of Staff Section 18(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service. Section 18(2) The officers and other staff appointed under subsection (1) shall serve on such terms and conditions as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , in consultation with the Salaries and Remuneration Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") and the Treasury, may determine. Section 18(3) The Government may, upon request by the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , second to the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constit...

Section 19. The common seal of theCommission Section 19(1) The Common seal of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be kept in such custody as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall direct and shall not be used except on the order of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") . Section 19(2) The common seal of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") under this section shall be presumed to have been duly given.

Section 20. Protection from personal Liability Section No matter or thing done by a member of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") or any officer, employee or agent of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

Section 21. Funds of theCommission Section monies provided by Parliament for the purposes of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ;

Section 22. Financial year Section The financial year of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be the period of twelve months beginning first July and ending on the thirtieth June in each year.

Section 23. Annual estimates Section 23(1) Before the commencement of each financial year, the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall cause to be prepared estimates of the revenue and expenditure of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") for that year. Section 23(2)(a) The payment of the salaries, allowances and other charges in respect of the staff of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 23(2)(b) The payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 23(2)(c) The maintenance of the buildings and grounds of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule...

Section 24. Accounts and audit Section 24(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") . Section 24(2)(a) statement of the income and expenditure of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") during that year; and Section 24(2)(b) statement of the assets and liabilities of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") on the last day of that financial year. Section 24(3) The annual accounts of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall be prepared, audited and reported upon in accordance with the provision...

Section 25. Progress report Section 25(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall prepare a progress report every three months and submit the report to the Parliamentary Select Committee ("the Constitutional Implementation Oversight Committee established in accordance with section 4 of the Sixth Schedule to the Constitution;") and the President and the Prime Minister. Section 25(2)(a) state the progress in the implementation of the constitution; Section 25(2)(b) identify any impediments to the implementation of the constitution; Section 25(2)(c) recommend any legal and administrative measures to address specific concerns identified by the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; and Section 25(2)(d) state any other information relating to its function that the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") considers necessary. Section 25(3) The Commission ("the Commission...

Section 26. Annual report Section 26(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall cause an annual report to be prepared for each financial year. Section 26(2) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall submit the annual report to the President and Parliament within three months after the end of the year to which it relates. Section 26(3)(a) the financial statements of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 26(3)(b) a description of the activities of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 26(3)(c) such other statistical information as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") considers appropriate relating to the implementatio...

Section 27. Duty to co-operate Section 27(1)(a) respond to any inquiry made by the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; Section 27(1)(b) furnish the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") with periodic reports as to the status of implementation of the Constitution in respect of the question raised; Section 27(1)(c) provide any other information that the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may require in the performance of its functions under the Constitution and any other written law. Section 27(2) Any public officer who breaches any of the provisions of this Act shall be deemed to be in contempt of Parliament and shall be liable, on conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.

Section 28. Regulations Section 28(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may make regulations generally for the better carrying into effect of the provisions of this Act. Section 28(2) The regulations made under subsection (1) shall be tabled in the National Assembly for debate and approval before publication in the Gazette .

Section 29. Dissolution of theCommission Section 29(1) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall stand dissolved five years after it is established or at the full implementation of this constitution as determined by Parliament, whichever is sooner, but the National Assembly may, by resolution, extend its life. Section 29(2) Upon dissolution of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") under the Constitution and this Act, this Act shall lapse. Section 29(3)(a) those aspects of its work that will be of value to other institutions are preserved, documented and transferred; and Section 29(3)(b) its files and records are preserved and transferred to the Kenya National Archives and Documentation Service. Section 29(4) Upon the dissolution of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") under subsections (1) and (2), any assets and liabilities of the Commission ("the Commis...

Section 30. Criteria for vetting or approving appointments Section 30(1) Until Parliament enacts the law contemplated under Article 250(2)(a), (3) and (4) of the Constitution, the criteria specified in the Second Schedule shall be used by Parliament or any of its committees for the purposes of vetting or approving appointments to public office under the Constitution or any other written law. Section 30(2) For the purposes of considering the applications, interviewing and shortlisting persons under this Act, the Public Service Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall apply the criteria set out in the Second Schedule. Section 30(3) This section shall lapse upon enactment by Parliament of the law referred to in subsection (1).