Kenya Act or statute

Parliament of Kenya

Commission for the Implementation of the Constitution Act, 2010

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. T…

Jurisdiction: Kenya
Structure: 30 provisions
Citation: Act No. 9 of 2010
Dates: As at 29 Oct 2010

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Dates: As at 29 Oct 2010

Source attribution: Source: Kenya Law

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

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.

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PRELIMINARY - 1. Short title and Commencement

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

Section 1

ADMINISTRATION - 15. Committees of theCommission

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.

Section 15

ADMINISTRATION - 5. Powers of theCommission

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

Section 5

FINANCIAL PROVISIONS - 23. Annual estimates

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

Section 23

MISCELLANEOUS PROVISIONS - 30. Criteria for vetting or approving appointments

Section 30

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Showing 30 of 30 provisions

Provision 26Commencement 2Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short title and CommencementShort title

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

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 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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

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 2Verify source

Part II

ADMINISTRATION

§ 10ADMINISTRATION - 10. Tenure of office ofChairpersonand membersProvision

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.

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 10Verify source

§ 11ADMINISTRATION - 11. VacancyProvision

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

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 11Verify source

§ 12ADMINISTRATION - 12. Filling of vacancyProvision

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 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 12Verify source

§ 13ADMINISTRATION - 13. Appointment of secretaryProvision

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.

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 Constitution;") ; Section 13(2)(d) the custody of all records and documents of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; and Section 13(2)(e) the performance of such other duties as may be assigned by the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") from time to time. Section 13(3) The secretary shall be appointed by the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") through a competitive recruitment process. Section 13(4)(a) inability to perform the functions of his office arising out of physical or mental incapacity; Section 13(4)(b) misbehavior or misconduct; or Section 13(4)(c) incompetence. Section 13(5) Before the secretary is removed under subsection (4), he shall be informed of the case against him and shall be given an opportunity to defend himself against any allegations against him.

Section 13Verify source

§ 14ADMINISTRATION - 14. Oath of officeProvision

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

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 14Verify source

§ 15ADMINISTRATION - 15. Committees of theCommissionProvision

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.

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 15Verify source

§ 16ADMINISTRATION - 16. Procedure of theCommissionProvision

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.

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 16Verify source

§ 17ProvisionProvision

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.

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 17Verify source

§ 18ADMINISTRATION - 18. Appointment of StaffProvision

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.

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 Constitution;") such number of public servants as may be necessary 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 18(4) A public servant seconded to the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall, during the period of secondment, be considered an officer of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") and shall be subject only to the direction and control of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") .

Section 18Verify source

§ 19ADMINISTRATION - 19. The common seal of theCommissionProvision

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.

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 19Verify source

§ 20ADMINISTRATION - 20. Protection from personal LiabilityProvision

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 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 20Verify source

§ 3ADMINISTRATION - 3. Incorporation of theCommissionProvision

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.

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 3Verify source

§ 4ADMINISTRATION - 4. Functions of theCommissionProvision

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

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

Section 4Verify source

§ 5ADMINISTRATION - 5. Powers of theCommissionProvision

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

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 5Verify source

§ 6ADMINISTRATION - 6. Membership of theCommissionProvision

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

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 6Verify source

§ 7ADMINISTRATION - 7. Qualifications ofChairpersonand membersProvision

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

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 7Verify source

§ 8ADMINISTRATION - 8. Procedure for appointment of membersCommencement

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.

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 under subsection (4), nominate one person for appointment as Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and eight persons for appointment as members of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , and shall forward the names of the persons so nominated to the National Assembly. Section 8(6) The National Assembly shall, within fourteen days of receipt of the names under subsection (5), consider all the nominations received and approve or reject any nomination. Section 8(7) Upon consideration and approval by the National Assembly, the Speaker shall, within seven days, forward the names of the approved persons to the president for appointment. Section 8(8) Where the National Assembly rejects any nomination, the Speaker shall, within three days, communicate its decision to the President and the Prime Minister to submit fresh nominations. Section 8(9) Where a nominee is rejected by Parliament under subsection (6), the President in consultation with the Prime Minister shall, within seven days, submit to the National Assembly a fresh nomination from amongst the persons shortlisted and forwarded 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 subsection (4). Section 8(10) If Parliament rejects all or any subsequent nominee submitted by the President for approval under subsection (9), the provisions of subsection (8) shall apply. Section 8(11) The President shall, within seven days of receipt of names from the Speaker, by notice in the Gazette , appoint the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and members approved and forwarded by the National Assembly. Section 8(12) In shortlisting, nominating or appointing persons as 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;") , the shortlisting Committee, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender.

Section 8Verify source

§ 9ADMINISTRATION - 9.ChairpersonProvision

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

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 the Constitution;") ; Section 9(3)(b) be the spokesperson for the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") ; and Section 9(3)(c) supervise and direct the work of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") . Section 9(4) In the absence of the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") , the Vice- Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") shall act as the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and in the absence of both the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and the Vice- Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") , a member elected by the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall act as the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") .

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 21FINANCIAL PROVISIONS - 21. Funds of theCommissionProvision

Parliament provides monies for the purposes of the Commission.

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 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Financial yearProvision

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

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 22Verify source

§ 23FINANCIAL PROVISIONS - 23. Annual estimatesCommencement

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

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 to the Constitution;") ; Section 23(2)(d) The funding of training, research and development of activities 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)(e) The 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 ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may think fit.

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Accounts and auditProvision

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.

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 provisions of the Constitution and the Public Audit Act, 2003 ( No. 12 of 2003 ).

Section 24Verify source

Part IV

MISCELLANEOUS PROVISIONS

§ 25MISCELLANEOUS PROVISIONS - 25. Progress reportProvision

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.

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 for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall publish the report in the Gazette and in such other manner as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may determine.

Section 25Verify source

§ 26MISCELLANEOUS PROVISIONS - 26. Annual reportProvision

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.

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 implementation of the Constitution; Section 26(3)(d) any other information relating to its functions 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 26(4) The Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") shall cause the annual report to be published in the Gazette and in such other manner as the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") may determine.

Section 26Verify source

§ 27MISCELLANEOUS PROVISIONS - 27. Duty to co-operateProvision

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.

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.

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§ 28MISCELLANEOUS PROVISIONS - 28. RegulationsProvision

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

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 28Verify source

§ 29MISCELLANEOUS PROVISIONS - 29. Dissolution of theCommissionProvision

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.

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 Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") , shall become assets and liabilities of the Government. Section 29(5) The terms of the Chairperson ("the Chairperson appointed in accordance with the Constitution andof this Act;") and members shall expire upon dissolution of the Commission ("the Commission for the Implementation of the Constitution established under section 5 of the Sixth Schedule to the Constitution;") .

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§ 30MISCELLANEOUS PROVISIONS - 30. Criteria for vetting or approving appointmentsProvision

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.

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).

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Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

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3 instruments

Committee of Experts appointed under the Constitution of Kenya Review Act, 2008
Section 7
Constitution Act, 2010
Section 1
Constitution and the Public Audit Act, 2003
Section 24

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29 Oct 2010 · currentEnglish

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