Kenya Law Reform Commission Act

Section 1. Short title. Section This Act may be cited as the Kenya Law Reform Commission Act.

Section 2. Interpretation. Section 2(1) In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to law reform; "Chairperson" means the Chairperson of the Commission appointed in accordance with section 11 ; "Commission" means the Kenya Law Reform Commission established by section 4 ; "member" means a member of the Commission appointed in accordance with section 11 ; "Salaries and Remuneration Commission" means the Salaries and Remuneration Commission established by Article 230 of the Constitution; "secretary" means the secretary to the Commission appointed in accordance with section 19 . Section 2(2) Spent.

Section 3. Guiding principles. Section In fulfilling its mandate, the Commission shall act in accordance with the values and principles set out in the Constitution and any written law.

Section 4. Establishment of the Commission. Section 4(1) There is established the Kenya Law Reform Commission. Section 4(2)(a) suing and being sued; Section 4(2)(b) acquiring, holding, charging and disposing of movable and immovable property; and Section 4(2)(c) doing or performing all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may be lawfully done or performed by a body corporate. Section 4(3) The Commission shall be the successor of the Law Reform Commission established under the Law Reform Commission Act (Repealed). Section 4(4) Subject to this Act, all the rights, duties, obligations, assets and liabilities of the Law Reform Commission existing at the commencement of this Act shall be automatically and fully transferred to the Commission.

Section 5. Powers of the Commission. Section The Commission shall have all powers incidental to and necessary for the effective discharge of its functions under the Constitution, this Act and any other written law.

Section 6. Functions of the Commission. Section that the law conforms to the letter and spirit of the Constitution;

Section 7. Headquarters. Section 7(1) The headquarters of the Commission shall be in the capital city, but the Commission may establish offices at any other place in Kenya. Section 7(2) The Commission shall ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

Section 8. Composition of the Commission. Section 8(1)(a) a Chairperson appointed by the President through an open and competitive process; Section 8(1)(b) one member appointed by the Attorney-General through an open and competitive process; Section 8(1)(c) a representative of the Law Society of Kenya who shall be an advocate of the High Court of Kenya; Section 8(1)(ca) one member, being an officer in the Office of the Attorney-General, appointed by the Attorney-General; Section 8(1)(d) a representative of the Director of Public Prosecution appointed in writing; Section 8(1)(e) a representative of the Chief Justice appointed in writing; Section 8(1)(f) a person of the rank professor and who teaches law in a public university, appointed by the Attorney-General; and Section 8(1)(g) a person nominated by the Council of Governors and appointed by the Attorney-General. Section 8(2) The Chairperson and members of the Commission specified under paragraph (1)(b) shall be appointed in accordance with section 11 . Section 8(3) The representatives of the Attorney-General, the Director of Public Prosecutions and the Chief Justice appointed under subsection (1) (ca), (d) and (e) respectively sh...

Section 9. Qualifications for appointment as Chairperson or member. Section 9(1)(a) holds a postgraduate degree in law from a university recognized in Kenya; Section 9(1)(b) is an Advocate of the High Court of Kenya of not less than fifteen years standing and has at least seven years experience in management level; Section 9(1)(c) has had a distinguished career in their respective field; and Section 9(1)(d) meets the requirements of Chapter Six of the Constitution. Section 9(2)(a) holds a postgraduate degree from a University recognized in Kenya; Section 9(2)(b) law; Section 9(2)(b)(i) law; Section 9(2)(b)(ii) economics; Section 9(2)(b)(iii) social sciences; or Section 9(2)(b)(iv) research and development; Section 9(2)(c) has had a distinguished career in his or her respective field; and Section 9(2)(d) meets the requirements of Chapter Six of the Constitution.

Section 10. Disqualification. Section is a member of a governing body of a political party;

Section 11. Appointment of Chairperson and members. Section 11(1)(a) the Office of the President; Section 11(1)(b) the Office of the Attorney-General; Section 11(1)(c) the National Council for Science and Technology; Section 11(1)(d) the National Economic and Social Council; Section 11(1)(e) the Association of Professional Societies of East Africa; Section 11(1)(f) the Law Society of Kenya; Section 11(1)(g) the Federation of Women Lawyers; and Section 11(1)(h) the National Council for Persons with Disabilities. Section 11(2)(a) convene the first meeting of the selection panel, at which the members of the selection panel shall elect a Chairperson from among their number; and Section 11(2)(b) provide the selection panel with such facilities and other support as it may require for the discharge of its functions. Section 11(3) 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 the Chairperson and members of the Commission. Section 11(4)(a) consider the applications received under subsection (3) to determin...

Section 12. Term of office. Section 12(1) The Chairperson shall be appointed for a single term of six years and is not eligible for re-appointment. Section 12(2) A member of the Commission other than an ex officio member shall be appointed for a single term of five years and is not eligible for re-appointment. Section 12(3) The Chaiperson and the Members appointed under subsection 8(1)(b) shall serve on a full-time basis while the Members appointed under subsections 8(1)(c), (d), (e), (f) and (g) shall serve on a part-time basis. [Act No. 18 of 2018 , Sch, Act No. 20 of 2020 , Sch.]

Section 13. Oath of Office. Section Before assuming office, the Chairperson and members shall make and subscribe to an oath of office as prescribed under the First Schedule.

Section 14. Vacancy. Section dies;

Section 15. Removal from office. Section 15(1) A person desiring the removal of the Chairperson or a member on any ground specified in section 14 may present a complaint to the Public Service Commission setting out the alleged facts constituting that ground. Section 15(2)(a) investigate the matter expeditiously; Section 15(2)(b) report on the facts; and Section 15(2)(c) make its recommendation to the President or the Cabinet Secretary, as the case may be. Section 15(3) Where the Public Service Commission finds that there is no case to answer, the Commission shall dismiss the petition and inform the petitioner in writing the grounds for dismissal. Section 15(4) The President or Cabinet Secretary shall, within twenty-one days of receipt of the recommendation under subsection (2), act in accordance with the recommendation. Section 15(5) The President or the Cabinet Secretary may adopt, partially or wholly or reject the recommendations made under subsection (2) and where the recommendations are rejected or partially adopted, the President or Cabinet Secretary shall give reasons for such rejection or partial adoption.

Section 16. Remuneration and allowances. Section The Chairperson, members and the staff of the Commission shall be paid such remuneration or allowances as the Public Service Commission may, on the advice of the Salaries and Remuneration Commission, determine.

Section 17. Procedure of the Commission. Section 17(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule. Section 17(2) Except as provided in the Second Schedule, the Commission may regulate its own procedure. Section 17(3) Any three members present at a meeting of the Commission shall constitute a quorum. Section 17(4) The presence or absence of an ex officio member of the Commission shall not be considered in the determination of the quorum of a meeting of the Commission.

Section 18. Committees of the Commission. Section 18(1) The Commission may, for the effective discharge of its functions, establish committees. Section 18(2) The Commission may co-opt into the membership of a committee established under subsection (1), any person whose knowledge and skills are considered necessary for the effective discharge of the functions of the Commission. Section 18(3) Any person co-opted into a Committee under subsection (2) may attend the meetings of the Committee and participate in its deliberations, but shall not vote at such meeting.

Section 19. Secretary to the Commission. Section 19(1) The Commission shall, through an open, transparent and competitive recruitment process, appoint a suitably qualified person to be the secretary to the Commission. Section 19(2)(a) is a citizen of Kenya; Section 19(2)(b) holds a postgraduate degree from a university recognized in Kenya; Section 19(2)(c) has had at least five years proven experience at management level; Section 19(2)(d) ethics and governance; Section 19(2)(d)(i) ethics and governance; Section 19(2)(d)(ii) law; Section 19(2)(d)(iii) economics; Section 19(2)(d)(iv) social studies; Section 19(2)(d)(v) research; or Section 19(2)(d)(vi) corporate management; and Section 19(2)(e) meets the requirements of Chapter Six of the Constitution. Section 19(3) The secretary shall serve on such terms and conditions as the Commission may determine. Section 19(4) The secretary shall hold office for a term of five years but may be eligible for reappointment. Section 19(5) The secretary shall, in the performance of the functions and duties of office, be responsible to the Commission. Section 19(6)(a) be the Chief Executive Officer of the Commission; Section 19(6)(b) be the accountin...

Section 20. Removal from office of the Secretary. Section 20(1)(a) inability to perform functions of the office arising out of physical or mental infirmity; Section 20(1)(b) gross misconduct or misbehaviour; Section 20(1)(c) incompetence or negligence of duty; Section 20(1)(d) violation of the Constitution and any other written law; or Section 20(1)(e) any other grounds specified in the terms and conditions of service of secretary. Section 20(2)(a) inform the secretary in writing of the reasons for the intended removal; and Section 20(2)(b) give the secretary the opportunity to be heard in accordance with the principles of fair administrative action prescribed under Article 47 of the Constitution.

Section 21. Staff of the Commission. Section 21(1) There shall be a secretariat of the Commission. Section 21(2)(a) such professional, technical and administrative officers and support staff, as may be appointed by the Commission in the discharge of its functions under this Act; and Section 21(2)(b) such public officers as may be seconded by the Public Service Commission to the Commission upon the request of the Commission. Section 21(3)(a) equalization of opportunity for persons with disabilities; Section 21(3)(b) equalization of opportunities for the youth; Section 21(3)(c) that not more than two thirds of its staff are of the same gender; and Section 21(3)(d) that the appointment reflect ethnic and regional diversity of the people of Kenya.

Section 22. Secondment of staff. Section 22(1) In addition to the staff appointed by the Commission, the national and county governments may, upon request by the Commission, second to the Commission such number of public officers as may be necessary for the due performance of the functions of the Commission. Section 22(2) A public officer seconded to the Commission shall, during the period of secondment, be deemed to be an officer of the Commission and shall be subject only to the direction and control of the Commission.

Section 23. Seal of the Commission. Section 23(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary. Section 23(2) The affixing of the seal shall be authenticated by the Chairperson or any other person authorized in that behalf by resolution of the Commission. Section 23(3) Any document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be admissible in evidence in the absence of any proof to the contrary, and shall be deemed to be so executed or issued, as the case may be, without further proof.

Section 24. Protection from personal liability. Section Nothing done by a member of the Commission or by any person working under the instructions of the Commission shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission under the Constitution or this Act, render such member or officer personally liable for any action, claim or demand.

Section 25. Code of conduct. Section 25(1) The members and the employees of the Commission shall subscribe to the code of conduct set out in the Third Schedule. Section 25(2) The Commission may make further regulations prescribing the code of conduct for its members and employees.

Section 26. Conflict of interest. Section 26(1) If any person is present at a meeting of the Commission or any committee at which any matter is the subject of consideration and in which matter that person or that person's spouse is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting declare such interest and shall not, unless the Commission or committee otherwise directs, take part in any consideration or discussion of, or vote on any question connected to such matter. Section 26(2) The disclosure of interest shall be recorded in the minutes of the meeting at which it is made. Section 26(3) The Chairperson, member, or staff of the Commission shall not transact any business or trade with the Commission. Section 26(4) A person who contravenes this section commits an offence and shall be liable, upon conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Section 27. Records of the Commission. Section The Commission shall keep a record of the proceedings of every meeting of the Commission.

Section 28. Funds of the Commission. Section 28(1)(a) monies allocated by Parliament for purposes of the Commission; Section 28(1)(b) any grants, gifts, donations or other endowments given to the Commission; and Section 28(1)(c) such funds as may vest in or accrue to the Commission in the performance of its functions under this Act or any other written law. Section 28(2) Any funds donated or lent to, or gift made to the Commission shall be disclosed to the National Assembly and made public before use.

Section 29. Annual estimates. Section 29(1) At least three months before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year. Section 29(2)(a) payment of remuneration in respect of the members and staff of the Commission; Section 29(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission; Section 29(2)(c) maintenance of the buildings and grounds of the Commission; Section 29(2)(d) funding of training, research and development of activities of the Commission; Section 29(2)(e) creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Commission may think fit; and Section 29(2)(f) any other expenditure necessary or purposes of this Act. Section 29(3) The annual estimates shall be approved by the Commission before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for tabling in Parliament.

Section 30. Financial year of the Commission. Section the period commencing on the day on which this Act comes into operation and ending on the thirtieth day of June next following;

Section 31. Accounts and audit. Section 31(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. Section 31(2)(a) statement of the income and expenditure of the Commission during that year; and Section 31(2)(b) statement of the assets and liabilities of the Commission on the last day of that financial year. Section 31(3) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the law relating to public audit.

Section 32. Annual report. Section 32(1) The Commission shall, at the end of each financial year cause an annual report to be prepared. Section 32(2) The Commission shall submit the annual report to the President and Parliament three months after the end of the year to which it relates. Section 32(3)(a) the financial statements of the Commission; Section 32(3)(b) a description of the activities of the Commission; Section 32(3)(c) such other statistical information as the Commission may consider appropriate relating to the Commission's functions; Section 32(3)(d) any recommendations made by the Commission to State departments or any person and the action taken; Section 32(3)(e) the impact of the exercise of any of its mandate or function; Section 32(3)(f) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; and Section 32(3)(g) any other information relating to its functions that the Commission considers necessary. Section 32(4) The annual report shall be published and publicized in such other manner as the Commission may determine.

Section 33. Independence of the Commission. Section Except as provided for under this Act, the Commission shall, in the performance of its functions, not be subject to the direction or control of any person or authority.

Section 34. Disclosure of information. Section 34(1) Subject to Article 35 of the Constitution, the Commission shall publish and publicize any important information within its mandate affecting the nation. Section 34(2)(a) addressed to the secretary or such other person as the Commission may for that purpose designate; and Section 34(2)(b) dealt with in accordance with Article 35 of the Constitution and the law relating to data protection and freedom of information.

Section 35. Regulations. Section The Commission may make Regulations generally for the better carrying out into effect of the provisions of this Act.

Section 36. Offence and penalty. Section Any person who contravenes the provisions of this Act shall commits an offence and is liable, on conviction, to a fine not exceeding one million shilling or to a term of imprisonment not exceeding two years or to both.

Section 37. Interpretation of part. Section In this Part, "former Commission" means the Law Reform Commission established under the Law Reform Commission Act (Repealed).

Section 39. Savings. Section The Chairperson and commissioners who immediately before the commencement of this Act were serving at the former Commission shall, upon commencement of this Act, continue in office for the unexpired period of their term.

Section 40. Transfer of staff. Section 40(1) A person who was, immediately before the commencement of this Act, was an employee of the Government and who was serving at the former Commission shall, upon the commencement of this Act, be deemed to be an employee of the Commission. Section 40(2) Despite subsection (1), all the employees of the Government who were serving at the former Commission shall upon the commencement of this Act be given an option to elect to serve in the Commission or be redeployed in the Public Service within a period of one year.