Commission for the Implementation of the Constitution Act

The Act shall come into operation within two days of its publication in the Gazette.

Defines the terms "Chairperson", "Commission", "Parliamentary Select Committee" and "Secretary" for this Act.

The Chairperson and members hold office from their date of appointment and, unless the office falls vacant earlier for reasons in the Constitution or section 11, their term ends on the dissolution of the Commission.

The President must notify every resignation, vacancy or termination in the Gazette within seven days.

When a vacancy arises on the Commission, the President, in consultation with the Prime Minister, must nominate a member for National Assembly approval; the President may instead select a nominee from the Public Service Commission's list; the appointed member serves the remainder of the term.

Section 13 creates a secretary of the Commission, sets the secretary's term (until the Commission's dissolution unless earlier vacancy under subsection (4)), lists the secretary's functions, requires appointment by the Commission through competitive recruitment, and lists grounds for vacancy.

The Chairperson, members and the secretary must each make and subscribe the oath or affirmation in the First Schedule before the Chief Justice.

The Commission may, from time to time, establish committees and may hire experts or consultants when their knowledge and skills are necessary for the Commission's functions.

The Commission shall regulate its own procedure, hold meetings as it considers necessary to discharge its functions, and the quorum shall be two-thirds of its members.

The Public Service Commission must determine the salaries, allowances and other terms and conditions of service of the Chairperson and members, pending establishment of the Salaries and Remuneration Commission, in consultation with the Treasury.

The Commission may appoint officers and staff; appointed staff must serve on terms the Commission (in consultation with the Salaries and Remuneration Commission and the Treasury) may determine; the Government may second public servants to the Commission on request; seconded public servants are considered Commission officers and subject only to its direction and control.

The Commission must direct the custody of its common seal; the seal shall not be used except on the order of the Commission, and when affixed and duly authenticated it is judicially and officially noticed.

Members, officers, employees and agents of the Commission are exempt from personal liability for acts or things done in good faith in executing the Commission's functions, powers or duties.

Section 3 incorporates the Commission, gives it legal powers (to sue and be sued; to acquire, hold, charge and dispose of property; and to do other acts for discharge of its functions), locates its headquarters in Nairobi, and permits it to establish branches anywhere in Kenya.

The Commission must monitor, facilitate and oversee development of legislation and administrative procedures required to implement the Constitution.

The Commission has all powers necessary to execute its constitutional and statutory functions; at least five members including the Chairperson must serve full time.

The Commission must consist of a Chairperson and eight other members appointed under the Constitution and this Act.

The Chairperson of the Commission must be qualified to hold the office of judge of the Supreme Court under the Constitution.

Sets procedures and timelines for appointing the Commission: the President (with the Prime Minister) must declare vacancies within seven days of commencement, nominate Chairperson and members, forward names to the National Assembly, which must consider nominations within fourteen days; the Speaker and President have specified forward/appointment steps and timing; and gender composition must not exceed two-thirds of one gender.

The Chairperson and members of the Commission shall be appointed by the President.

Parliament provides monies for the purposes of the Commission.

The Commission's financial year is the twelve‑month period beginning 1 July and ending 30 June each year.

Before the start of each financial year, the Commission must cause estimates of its revenue and expenditure for that year to be prepared.

The Commission must keep proper books and records of its income, expenditure, assets and liabilities, and its annual accounts must be prepared, audited and reported in accordance with the Constitution and the Public Audit Act, 2003.

The Commission must prepare and submit every three months a progress report stating progress, impediments, recommended measures and any other necessary information, and must publish the report in the Gazette and other manners the Commission may determine.

The Commission must prepare an annual report for each financial year, submit it to the President and Parliament within three months after the end of that year, include specified content, and publish the report in the Gazette and other manners it determines.

Breaching the Act can make a public officer liable for contempt of Parliament and subject to a fine up to two hundred thousand shillings, or imprisonment up to one year, or both.

The Commission may make regulations to better carry into effect the provisions of this Act.

The Commission is dissolved after five years from establishment or at full implementation of the constitution (whichever is sooner); the National Assembly may extend its life by resolution. On dissolution the Act lapses, assets and liabilities pass to the Government, files are transferred to the Kenya National Archives and the Chairperson's and members' terms expire.

Until Parliament enacts the law under Article 250(2)(a), (3) and (4), Parliament (or its committees) must use the criteria in the Second Schedule to vet or approve public-office appointments; the Public Service Commission must apply those criteria when considering applications, interviewing and shortlisting under this Act; the section lapses when Parliament enacts the specified law.