Kenya Act or statute

Parliament of Kenya

National Gender and Equality Commission Act

The Act may be cited as the National Gender and Equality Commission Act, 2011. Provides definitions of terms used in the Act (e.g. “Cabinet Secretary”, “Commission”, “gender”, “person with disabil…

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

  • The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
  • The record does not meet this release's canonical indexing criteria. (emergency-noindex)

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

01

Purpose and legislative effect

“The Act may be cited as the National Gender and Equality Commission Act, 2011.”

The Act may be cited as the National Gender and Equality Commission Act, 2011. Provides definitions of terms used in the Act (e.g. “Cabinet Secretary”, “Commission”, “gender”, “person with disability”) and states that, until after the first elections, “Cabinet Secretary” is to be construed as “Minister”. Sets qualification requirements and disqualifications for appointment of the chairperson and members, including educational, experience and constitutional requirements and a list of disqualifying statuses. Sets a timed multi-step procedure for filling vacancies on the Commission, including convening a selection panel, panel membership, advertising and shortlisting applicants, presidential nomination, National Assembly consideration, appointment by the President, gender/regional/disability representation rules, and limited transitional variations and extensions. The chairperson, members and the secretary must each make and subscribe the oath or affirmation in the First Schedule before the Chief Justice.

02

How the instrument operates

  1. 01

    Start with the recorded version

    As at 11 Dec 2023. The date shown identifies this source expression and should not be treated as proof that no later change exists.

  2. 02

    Locate the controlling provision

    Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.

  3. 03

    Read conditions and exceptions together

    Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.

  4. 04

    Verify currency and official wording

    Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

03

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

04

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 11 Dec 2023

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Showing 59 of 59 provisions

Provision 49Commencement 5Offence 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the National Gender and Equality Commission Act, 2011.

Section 1. Short title Section This Act may be cited as the National Gender and Equality Commission Act, 2011.
§ 2PRELIMINARY - 2. InterpretationInterpretation

Provides definitions of terms used in the Act (e.g. “Cabinet Secretary”, “Commission”, “gender”, “person with disability”) and states that, until after the first elections, “Cabinet Secretary” is to be construed as “Minister”.

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 gender ; “chairperson” means the chairperson of the Commission appointed under section 11 ; “Commission” means the National Gender and Equality Commission established under section 3 ; “former National Commission on Gender and Development” means the Commission established under the National Commission on Gender and Development Act, 2003 ( No. 13 of 2003 ); “gender" means the social definition of women and men among different communities and cultures, classes, ages and during different periods in history; “gender mainstreaming” means ensuring that the concerns of women and men form an integral dimension of the design of all policies, laws and administrative procedures including budgeting and budget implementation, and the monitoring and evaluation of programmes implementing such policies, laws and administrative procedures in all political, economic and societal spheres, so as to ensure that women and men benefit equally, and that inequality is not perpetuated; “marginalised group” means a group of people who, because of laws or practices before, on or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27(4) of the Constitution; “person with disability” means any person with any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have a substantial or long term effect on an individual’s ability to carry out ordinary day to day activities; “public officer” has the meaning assigned to it under Article 260 of the Constitution; "secretary" means the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in section 21 ; Section 2(2) Despite subsection (1), until after the first elections under the Constitution, references in this Act to the expression " Cabinet Secretary " shall be construed to mean "Minister". [Act No. 12 of 2012 , Sch.]

Part II

ESTABLISHMENT AND STATUS OF COMMISSION

§ 10ESTABLISHMENT AND STATUS OF COMMISSION - 10. Qualifications for appointment ofchairpersonand membersProvision

Sets qualification requirements and disqualifications for appointment of the chairperson and members, including educational, experience and constitutional requirements and a list of disqualifying statuses.

Section 10. Qualifications for appointment ofchairpersonand members Section 10(1)(a) has knowledge and at least fifteen years experience in matters relating to human rights and gender ; Section 10(1)(b) holds a degree from a university recognized in Kenya; and Section 10(1)(c) meets the requirements of Chapter Six of the Constitution. Section 10(2)(a) holds a degree from a university recognized in Kenya; Section 10(2)(b) law; Section 10(2)(b)(i) law; Section 10(2)(b)(ii) public administration; Section 10(2)(b)(iii) economics; Section 10(2)(b)(iv) gender and social development; Section 10(2)(b)(v) human rights; Section 10(2)(b)(vi) management; or Section 10(2)(b)(vii) social sciences; Section 10(2)(c) has had a distinguished career in their respective fields; and Section 10(2)(d) meets the requirements of Chapter Six of the Constitution. Section 10(3)(a) is a member of Parliament or a County Assembly; Section 10(3)(b) is a member of the governing body of a political party; Section 10(3)(c) is a member of a local authority; Section 10(3)(d) is an undischarged bankrupt; or Section 10(3)(e) has been removed from office for contravening the provisions of the Constitution or any other law.
Section 10Verify source
§ 11ESTABLISHMENT AND STATUS OF COMMISSION - 11. Procedure for appointment ofchairpersonand membersCommencement

Sets a timed multi-step procedure for filling vacancies on the Commission, including convening a selection panel, panel membership, advertising and shortlisting applicants, presidential nomination, National Assembly consideration, appointment by the President, gender/regional/disability representation rules, and limited transitional variations and extensions.

Section 11. Procedure for appointment ofchairpersonand members Section 11(1) Whenever there is a vacancy in the Commission the President shall, within fourteen days of the occurrence of the vacancy, convene a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or member of the Commission . Section 11(2)(a) Office of the President; Section 11(2)(b) Office of the Prime Minister; Section 11(2)(c) Ministry responsible for matters relating to justice; Section 11(2)(d) Ministry responsible for matters relating to gender and social development; Section 11(2)(e) Public Service Commission ; Section 11(2)(f) the Association of Professional Societies in East Africa; Section 11(2)(g) the Kenya Private Sector Alliance; and Section 11(2)(h) the National Council for Persons with Disabilities. Section 11(3) The selection panel shall, subject to this section, determine its own procedure, and the ministry responsible for public service shall provide it with such facilities and such other support as it may require for the discharge of its functions. Section 11(4) The selection panel shall, within seven days of its convening, invite applications from qualified persons and publish the names and qualifications of all applicants in the Gazette and two daily newspapers of national circulation. Section 11(5) The selection panel shall within seven days of receipt of applications under subsection (4) consider the applications, interview and shortlist at least three persons qualified for appointment as chairperson and eight persons qualified for appointment as members of the Commission and shall forward the names of the selected candidates to the President for nomination. Section 11(6) Until after the first general election after the commencement of this Act, the President in consultation with the Prime Minister shall, within seven days of receipt of the names forwarded under subsection (5), nominate one person for appointment as chairperson and four persons for appointment as members of the Commission , and shall forward the names of the persons nominated to the National Assembly. Section 11(7) The National Assembly shall, within twenty-one days of the day it next sits after receipt of the names of the nominees under subsection (6), consider all the nominations received and may approve or reject any nomination. Section 11(8) Where the National Assembly approves the nominees, the Speaker shall, forward the names of the approved persons to the President for appointment. Section 11(9) The President shall, within seven days of the receipt of the approved nominees from the National Assembly, by notice in the Gazette, appoint the chairperson and members approved by the National Assembly. Section 11(10) Where the National Assembly rejects any nomination, the Speaker shall, within three days, communicate the decision of the National Assembly to the President to submit fresh nominations. Section 11(11) Where a nominee is rejected by Parliament under subsection (10), 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 selection panel under subsection (5). Section 11(12) If Parliament rejects all or any subsequent nominee submitted by the President for approval under subsection (11), the provisions of subsections (5) and (6) shall apply. Section 11(13) In short listing, nominating or appointing persons as chairperson and members of the Commission , the selection panel, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender , shall observe the principle of regional and ethnic balance and shall have due regard to the principle of fair representation for persons with disabilities. Section 11(14) After the first elections after the commencement of this Act, the member of the selection panel under subsection (2) (b) shall be replaced by a representative of the Public Service Commission . Section 11(15) Despite the foregoing provisions of this section, the President, in consultation with the Prime Minister may by notice in the Gazette, extend the period specified in respect of any matter under this section by a period not exceeding twenty-one days.
Section 11Verify source
§ 12ESTABLISHMENT AND STATUS OF COMMISSION - 12. 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 12. Oath of office Section The chairperson , members and the secretary ("the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in;") shall each make and subscribe, before the Chief Justice, the oath or affirmation set out in the First Schedule.
Section 12Verify source
§ 13ESTABLISHMENT AND STATUS OF COMMISSION - 13. Powers of thechairpersonProvision

The chairperson must convene the Commission's first meeting within seven days of members' appointment, must preside over meetings, be the spokesperson, and supervise and direct the Commission; the vice-chairperson must exercise those powers if the chairperson is vacant or unable to act.

Section 13. Powers of thechairperson Section 13(1) The chairperson shall, within seven days of the appointment of the members, convene the first meeting of the Commission at which the members shall elect the vice- chairperson of the Commission from amongst the members. Section 13(2)(a) preside over all meetings of the Commission ; Section 13(2)(b) be the spokesperson for the Commission ; and Section 13(2)(c) supervise and direct the work of the Commission . Section 13(3) If the office of chairperson becomes vacant or if the chairperson is unable to exercise the powers or perform the functions of his office owing to absence, illness or any other cause, the vice- chairperson shall exercise those powers or perform those functions.
Section 13Verify source
§ 14ESTABLISHMENT AND STATUS OF COMMISSION - 14. Tenure of officeProvision

The chairperson and members of the Commission must be appointed for a single six-year term (no re-appointment) and must serve full-time.

Section 14. Tenure of office Section 14(1) The chairperson and members of the Commission shall be appointed for a single term of six years and are not eligible for re-appointment. Section 14(2) The chairperson and members of the Commission shall serve on a full-time basis.
Section 14Verify source
§ 15ESTABLISHMENT AND STATUS OF COMMISSION - 15. Vacancy of office ofchairpersonand membersProvision

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

Section 15. Vacancy of office ofchairpersonand members Section 15(1)(a) dies; Section 15(1)(b) by notice in writing addressed to the President resigns from office; Section 15(1)(c) is removed from office under any of the circumstances specified in Article 251 and Chapter Six of the Constitution. Section 15(2) The President shall notify every resignation, vacancy or termination in the Gazette within seven days.
Section 15Verify source
§ 16ESTABLISHMENT AND STATUS OF COMMISSION - 16. Removal from officeProvision

The chairperson or member of the Commission may be removed from office in accordance with Article 251 of the Constitution.

Section 16. Removal from office Section The chairperson or member of the Commission may be removed from office in accordance with Article 251 of the Constitution.
Section 16Verify source
§ 17ESTABLISHMENT AND STATUS OF COMMISSION - 17. Filling of vacancyProvision

A member appointed to fill a vacancy serves a six-year term and is not eligible for re-appointment.

Section 17. Filling of vacancy Section 17(1) Where a vacancy occurs in the membership of the Commission under section 15 or 16 , the appointment procedure provided for under this Act shall apply. Section 17(2) A member appointed under subsection (1) to fill a vacancy shall serve for a term of six years but shall not be eligible for re-appointment.
Section 17Verify source
§ 18ESTABLISHMENT AND STATUS OF COMMISSION - 18. Committees of theCommissionProvision

The Commission may, from time to time, establish committees to better carry out its functions.

Section 18. Committees of theCommission Section 18(1) The Commission may, from time to time, establish, committees for the better carrying out of its functions. Section 18(2)(a) co-opt into the membership of a committee established under subsection (1) other persons whose knowledge and skills are necessary for the functions of the Commission ; Section 18(2)(b) hire such experts or consultants as are necessary for the functions of the Commission .
Section 18Verify source
§ 19ESTABLISHMENT AND STATUS OF COMMISSION - 19. Procedures of theCommissionProvision

The Commission's business and affairs must be conducted according to the Second Schedule, and the Commission may regulate its own procedure except as provided in the Second Schedule.

Section 19. Procedures of theCommission Section 19(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule. Section 19(2) Except as provided in the Second Schedule, the Commission may regulate its own procedure.
Section 19Verify source
§ 20ProvisionProvision

The Salaries and Remuneration Commission must determine the salaries, allowances and other terms and conditions of service for the chairperson and members of the Commission.

Section 20. Terms and conditions of service Section The salaries and allowances payable to, and other terms and conditions of service of the chairperson and members of the Commission shall be determined by the Salaries and Remuneration Commission .
Section 20Verify source
§ 21ESTABLISHMENT AND STATUS OF COMMISSION - 21. Appointment ofsecretaryProvision

The secretary shall be the Commission's chief executive, head of the secretariat, responsible to the Commission, and shall hold office for five years with eligibility for one five-year re-appointment; the appointment is through a competitive recruitment process and subsection (2) lists qualification requirements.

Section 21. Appointment ofsecretary Section 21(1) The appointment of the secretary ("the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in;") to the Commission under Article 250 (12) of the Constitution shall be through a competitive recruitment process. Section 21(2)(a) is a citizen of Kenya; Section 21(2)(b) holds a degree from a university recognized in Kenya; Section 21(2)(c) has had at least ten years proven experience at management level; Section 21(2)(d) has extensive experience in public administration; and Section 21(2)(e) meets the requirements of Chapter Six of the Constitution. Section 21(3) The secretary ("the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in;") shall be the chief executive officer of the Commission and head of the secretariat and shall be responsible to the Commission . Section 21(4) The secretary ("the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in;") shall hold office for a term of five years and shall be eligible for re-appointment for a further term of five years.
Section 21Verify source
§ 22ESTABLISHMENT AND STATUS OF COMMISSION - 22. Removal ofsecretaryProvision

Specifies grounds for removal of the secretary (incapacity, gross misconduct, incompetence or neglect, violation of the Constitution, or other service-related grounds) and requires notice of allegations and an opportunity to present a defence.

Section 22. Removal ofsecretary Section 22(1)(a) inability to perform the functions of the office of secretary ("the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in;") arising out of physical or mental incapacity; Section 22(1)(b) gross misconduct or misbehaviour; Section 22(1)(c) incompetence or neglect of duty; Section 22(1)(d) violation of the Constitution; or Section 22(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 22(2)(a) sufficient notice of the allegations made against him or her; and Section 22(2)(b) an opportunity to present his or her defence against the allegations.
Section 22Verify source
§ 23ESTABLISHMENT AND STATUS OF COMMISSION - 23. Appointment of staffProvision

The Commission may appoint staff; appointed staff shall serve on terms the Commission (with Salaries and Remuneration Commission in consultation) determines; the Government may second public officers; seconded officers are deemed Commission officers and subject to its direction and control.

Section 23. Appointment of staff Section 23(1) The Commission may appoint such staff as may be necessary for the proper discharge of its functions under this Act, and upon such terms and conditions of service as the Commission may determine. Section 23(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Commission , in consultation with the Salaries and Remuneration Commission may determine. Section 23(3) The Government may, upon request by the Commission , second to the Commission such number of public officers as may be necessary for the proper performance of the functions of the Commission . Section 23(4) 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 23Verify source
§ 24ESTABLISHMENT AND STATUS OF COMMISSION - 24. The common seal of theCommissionProvision

The Commission must keep its common seal in custody as it directs and must not use it except on the Commission's order.

Section 24. The common seal of theCommission Section 24(1) The common seal of the Commission shall be kept in such custody as the Commission shall direct and shall not be used except on the order of the Commission . Section 24(2) The common seal of the Commission 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 under this section shall be presumed to have been duly given.
Section 24Verify source
§ 25ESTABLISHMENT AND STATUS OF COMMISSION - 25. Protection from personal liabilityProvision

Actions taken by a member, officer, employee or agent of the Commission while executing the Commission’s functions, powers or duties and done in good faith affect personal liability for any action, claim or demand.

Section 25. Protection from personal liability Section No matter or thing done by a member of the Commission or any officer, employee or agent of the Commission shall, if the matter or thing is done in good faith while executing the functions, powers or duties of the Commission , render the member, officer, employee or agent personally liable for any action, claim or demand whatsoever.
Section 25Verify source
§ 26ESTABLISHMENT AND STATUS OF COMMISSION - 26. General powers ofCommissionProvision

The Commission has the power to issue summons when it deems necessary to fulfil its mandate.

Section 26. General powers ofCommission Section issue summons as it deems necessary for the fulfilment of its mandate;
Section 26Verify source
§ 27ESTABLISHMENT AND STATUS OF COMMISSION - 27. Powers of a courtProvision

A court has the power to issue summonses or other orders requiring a person to attend before the Commission and to produce documents or records relevant to Commission investigations.

Section 27. Powers of a court Section issue summonses or other orders requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission ;
Section 27Verify source
§ 3ESTABLISHMENT AND STATUS OF COMMISSION - 3. Establishment of theCommissionProvision

Establishes the National Gender and Equality Commission as a Commission.

Section 3. Establishment of theCommission Section 3(1) There is established a Commission to be known as the National Gender and Equality Commission . Section 3(2) The Commission shall be a successor in title to the Kenya National Human Rights and Equality Commission established by Article 59 of the Constitution, pursuant to clauses (4) and (5) of that Article.
§ 4ESTABLISHMENT AND STATUS OF COMMISSION - 4. Status of successorCommissionProvision

The Commission, as successor Commission, shall be a Commission under Chapter Fifteen of the Constitution and shall have the status and powers of a Commission under that Chapter.

Section 4. Status of successorCommission Section For the avoidance of doubt, the Commission as a successor Commission shall, pursuant to Article 59 (5) (c) of the Constitution, be a Commission within the meaning of Chapter Fifteen of the Constitution and shall have the status and powers of a Commission under that Chapter.
§ 5ESTABLISHMENT AND STATUS OF COMMISSION - 5. Powers ofCommissionas a body corporateProvision

The Commission has the power to acquire, hold, charge and dispose of movable and immovable property.

Section 5. Powers ofCommissionas a body corporate Section acquire, hold, charge and dispose of movable and immovable property; and
§ 6ESTABLISHMENT AND STATUS OF COMMISSION - 6. HeadquartersProvision

The Commission must have its headquarters in the capital city and may establish branches anywhere in Kenya.

Section 6. Headquarters Section The headquarters of the Commission shall be in the capital city but the Commission may establish branches at any place in Kenya.
§ 7ESTABLISHMENT AND STATUS OF COMMISSION - 7. Guiding principles ofCommissionProvision

Guiding principles include "the diversity of the people of Kenya."

Section 7. Guiding principles ofCommission Section the diversity of the people of Kenya;
§ 8ESTABLISHMENT AND STATUS OF COMMISSION - 8. Functions of theCommissionProvision

The Commission must promote gender equality and freedom from discrimination in accordance with Article 27 of the Constitution.

Section 8. Functions of theCommission Section promote gender equality and freedom from discrimination in accordance with Article 27 of the Constitution;
§ 9ESTABLISHMENT AND STATUS OF COMMISSION - 9. Membership ofCommissionProvision

The Commission must consist of a chairperson and four other members appointed in accordance with the Constitution and this Act.

Section 9. Membership ofCommission Section The Commission shall consist of a chairperson and four other members appointed in accordance with the Constitution and the provisions of this Act.

Part III

INVESTIGATIONS BY THE COMMISSION

§ 28INVESTIGATIONS BY THE COMMISSION - 28. Powers relating to investigationsProvision

Section 28 gives the Commission powers to employ government officers or agencies for investigations, to summon persons, demand documents, requisition public records (subject to the Constitution and written law), and requires employed officers/agencies to investigate and report; the Commission must verify such reports and may further inquire.

Section 28. Powers relating to investigations Section 28(1) The Commission may, for the purpose of conducting any investigation pertaining to an inquiry, employ the services of any public officer or investigation agency of the Government at the expense of the Commission . Section 28(2)(a) summon and enforce the attendance of any person for examination; Section 28(2)(b) require the discovery and production of any document; and Section 28(2)(c) subject to the Constitution and any written law requisition any public record or copy thereof from any public officer . Section 28(3) The provisions of section 40 shall apply in relation to any statement made by a person before any public officer or agency whose services are employed under subsection (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission. Section 28(4) The public officer or agency whose services are employed under subsection (1) shall investigate any matter pertaining to the inquiry and submit a report thereon to the Commission in that behalf. Section 28(5) The Commission shall satisfy itself on the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under subsection (4) and for that purpose, the Commission may make such inquiry (including the examination of any person or persons who conducts or assists in the investigation) as it deems fit.
Section 28Verify source
§ 29INVESTIGATIONS BY THE COMMISSION - 29. Jurisdiction in investigationsProvision

The Commission must try to resolve matters by conciliation, mediation or negotiation, and if those fail and it finds unjust or unreasonable discrimination it must make recommendations.

Section 29. Jurisdiction in investigations Section 29(1)(a) relation to any person, Section 29(1)(b) a public office or a private institution; or Section 29(1)(c) any other body or agency of the State. Section 29(2) The Commission shall endeavor to resolve any matter brought before it by conciliation, mediation or negotiation. Section 29(3) If the matter referred to under subsection (2) cannot be resolved by conciliation, mediation or negotiation and the Commission determines that there is discrimination carried out unjustly or unreasonably, the Commission shall make such recommendations as it deems fit.
Section 29Verify source
§ 30INVESTIGATIONS BY THE COMMISSION - 30. Limitation of jurisdictionProvision

This section limits the Commission's jurisdiction in respect of a matter pending before any court or judicial tribunal.

Section 30. Limitation of jurisdiction Section a matter pending before any court or judicial tribunal;
Section 30Verify source
§ 31INVESTIGATIONS BY THE COMMISSION - 31. Power not limited by other provisionsProvision

The Commission may investigate or carry out an inquiry into any matter despite a provision in any written law that the action is final or cannot be appealed, challenged, reviewed, questioned or called in question.

Section 31. Power not limited by other provisions Section The Commission may investigate or carry out an inquiry into any matter despite a provision in any written law to the effect that the action is final or cannot be appealed, challenged, reviewed, questioned or called in question.
Section 31Verify source
§ 32INVESTIGATIONS BY THE COMMISSION - 32. ComplaintsProvision

Only the person aggrieved may make a complaint to the Commission; if that person cannot act, a family member or other suitable person may; alternatively a member of the National Assembly may complain with the aggrieved person's consent.

Section 32. Complaints Section 32(1) A complaint to the Commission may only be made by the person aggrieved by the matter complained of or on his behalf as specified under subsection (2). Section 32(2)(a) if the aggrieved person is dead or otherwise not able to act for himself or herself, by a member of his or her family or other person suitable to represent the aggrieved person; or Section 32(2)(b) by a member of the National Assembly with the consent of the aggrieved person or other person who, under paragraph (a), is entitled to make the complaint on behalf of the aggrieved person.
Section 32Verify source
§ 33INVESTIGATIONS BY THE COMMISSION - 33. Form of complaintProvision

Sets how complaints alleging discrimination may be lodged and what the Commission must and may do in relation to such complaints.

Section 33. Form of complaint Section 33(1) A person wishing to lodge a complaint alleging discrimination may do so orally or in writing addressed to the secretary ("the secretary to the Commission appointed by the Commission under Article 250 (12) of the Constitution in accordance with the procedure set out in;") or such other person as may be duly authorised by the Commission for that purpose. Section 33(2) Where a complaint under subsection (1) is made orally, the Commission shall cause the complaint to be recorded in writing. Section 33(3) A complaint under subsection (1) shall be in such form and contain such particulars as the Commission may prescribe. Section 33(4)(a) call for information or a report regarding such complaint from any person within such reasonable time as may be specified by the Commission ; and Section 33(4)(b) without prejudice to paragraph (a), initiate such inquiry as it considers necessary, having regard to the nature of the complaint. Section 33(5) If the information or report called for under subsection (4)(a) is not received within the time stipulated by the Commission , the Commission may proceed to inquire into the complaint without such information or report. Section 33(6) If on receipt of the information or report the Commission is satisfied either that no further action is required or that the required action has been initiated by a State organ or other body responsible for the matters complained of, the Commission shall, in writing, inform the complainant accordingly and take no further action.
Section 33Verify source
§ 34INVESTIGATIONS BY THE COMMISSION - 34. Discretion not to investigateProvision

Section 34. Discretion not to investigate Section there are in existence adequate remedies under any written law or administrative practice; or

Section 34. Discretion not to investigate Section there are in existence adequate remedies under any written law or administrative practice; or
Section 34Verify source
§ 35INVESTIGATIONS BY THE COMMISSION - 35. Notice if complaint not investigatedProvision

If the Commission decides not to investigate, or discontinues an investigation, it must inform the complainant in writing of that decision and the reasons as soon as reasonably practicable.

Section 35. Notice if complaint not investigated Section If the Commission decides not to investigate a complaint or to discontinue the investigation of a complaint, the Commission shall inform the complainant in writing of that decision and the reasons for the decision as soon as reasonably practicable.
Section 35Verify source
§ 36INVESTIGATIONS BY THE COMMISSION - 36. Representations if adverse findings, etc.Provision

The Commission must give any person, State organ, public office or organization against whom an adverse finding or recommendation is made an opportunity to make representations before including the finding in its report.

Section 36. Representations if adverse findings, etc. Section The Commission shall give any person, State organ, public office or organization against whom an adverse finding or recommendation is made, an opportunity to make representations concerning the finding or recommendation before the Commission includes the finding in its report.
Section 36Verify source
§ 37INVESTIGATIONS BY THE COMMISSION - 37. Notice of investigation to organizationProvision

Before starting an investigation under the Act, the Commission must notify the administrative head of the relevant State organ, public office or organization of the intended investigation.

Section 37. Notice of investigation to organization Section Before commencing an investigation under this Act, the Commission shall give notice of the intended investigation to the administrative head of the State organ, public office or organization to which the investigation relates.
Section 37Verify source
§ 38INVESTIGATIONS BY THE COMMISSION - 38. Hearings ofCommissionProvision

The hearings of the Commission during an inquiry may be open to the public.

Section 38. Hearings ofCommission Section The hearings of the Commission during an inquiry may be open to the public.
Section 38Verify source
§ 39INVESTIGATIONS BY THE COMMISSION - 39. Persons likely to be prejudiced or affected to be heardProvision

If an inquiry may prejudice a person’s reputation or it is necessary to inquire into their conduct, that person must be given an opportunity to appear before the Commission to give evidence in their defence.

Section 39. Persons likely to be prejudiced or affected to be heard Section 39(1)(a) considers it necessary to inquire into the conduct of any person; or Section 39(1)(b) is of the opinion that the reputation of any person is likely to be prejudiced by the inquiry, it shall give that person an opportunity to appear before the Commission by himself or by an advocate to give evidence in his own defence. Section 39(2) This section shall not apply where the credibility of a witness is being impeached.
Section 39Verify source
§ 40INVESTIGATIONS BY THE COMMISSION - 40. Statements made by persons to theCommissionProvision

Persons who give evidence before the Commission are entitled not to be subjected to civil or criminal proceedings for statements made while giving evidence, except where the statement constitutes giving false evidence.

Section 40. Statements made by persons to theCommission Section No statement made by a person in the course of giving evidence before the Commission shall subject such person to any civil or criminal proceedings except for giving false evidence by such statement.
Section 40Verify source
§ 41INVESTIGATIONS BY THE COMMISSION - 41. Action after inquiryOffence

If an inquiry into a discrimination complaint reveals a criminal offence, the Commission must refer the matter to the Director of Public Prosecutions or another relevant authority, or take other action it deems fit against the person(s) concerned.

Section 41. Action after inquiry Section where the inquiry into a complaint of discrimination discloses a criminal offence, refer the matter to the Director of Public Prosecutions or any other relevant authority or undertake such other action as the Commission may deem fit against the concerned person or persons;
Section 41Verify source

Part IV

REPORT AND RECOMMENDATIONS

§ 42REPORT AND RECOMMENDATIONS - 42. Report to organizationProvision

After concluding an investigation or inquiry, the Commission must make a report to the State organ, public office or organization concerned; the Commission may require that entity to submit a report within a specified period on steps taken to implement recommendations; if recommendations are not implemented in time, the Commission may submit the report to Parliament.

Section 42. Report to organization Section 42(1) After concluding an investigation or an inquiry under this Act, the Commission shall make a report to the State organ, public office or organization to which the investigation relates. Section 42(2)(a) the findings of the investigation and any recommendations made by the Commission ; Section 42(2)(b) the action the Commission considers should be taken and the reasons for the action; and Section 42(2)(c) any recommendation the Commission considers appropriate. Section 42(3) The Commission may require the State organ, public office or organization that was the subject of the investigation to submit a report to the Commission within a specified period on the steps, if any, taken to implement the recommendations of the Commission . Section 42(4) If the recommendations of the Commission are not implemented within the specified time, the Commission may submit the report to Parliament as the Commission thinks fit.
Section 42Verify source
§ 43REPORT AND RECOMMENDATIONS - 43. Report to the complainantProvision

The Commission must inform the complainant in writing of the results of the investigation.

Section 43. Report to the complainant Section The Commission shall inform the complainant on the results of the investigation in writing.
Section 43Verify source
§ 44REPORT AND RECOMMENDATIONS - 44. Report of misconduct to appropriate authorityProvision

If, after an investigation, the Commission believes there is evidence of misconduct by a person or officer investigated under this Act, the Commission must report the matter to the appropriate authority.

Section 44. Report of misconduct to appropriate authority Section If, after an investigation, the Commission is of the opinion that there is evidence that a person, an officer or employee of the State organ, public office or organization which was investigated under this Act is guilty of misconduct, the Commission shall report the matter to the appropriate authority.
Section 44Verify source

Part V

FINANCIAL PROVISIONS

§ 45FINANCIAL PROVISIONS - 45. Funds of theCommissionProvision

The Commission's funds are monies allocated by Parliament.

Section 45. Funds of theCommission Section monies allocated by Parliament for the purposes of the Commission ;
Section 45Verify source
§ 46FINANCIAL PROVISIONS - 46. Financial yearProvision

The Commission's financial year is the twelve-month period ending on 30 June each year.

Section 46. Financial year Section The financial year of the Commission shall be the period of twelve months ending on the thirtieth of June in each year.
Section 46Verify source
§ 47FINANCIAL PROVISIONS - 47. Annual estimatesCommencement

The Commission must prepare, approve and submit annual estimates of its revenue and expenditure before each financial year; it may create funds for future or contingent liabilities.

Section 47. Annual estimates Section 47(1) 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 47(2)(a) payment of the salaries, allowances and other charges in respect of the staff of the Commission ; Section 47(2)(b) payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Commission ; Section 47(2)(c) maintenance of the buildings and grounds of the Commission ; Section 47(2)(d) funding of training, research and development of activities of the Commission ; Section 47(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. Section 47(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 National Assembly. Section 47(4) No expenditure shall be incurred for the purposes of the Commission except in accordance with the annual estimates approved under subsection (3).
Section 47Verify source
§ 48FINANCIAL PROVISIONS - 48. Accounts and auditProvision

The Commission must ensure that proper books and records of account are kept for its income, expenditure, assets and liabilities.

Section 48. Accounts and audit Section 48(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 48(2)(a) statement of the income and expenditure of the Commission during that year; and Section 48(2)(b) statement of the assets and liabilities of the Commission on the last day of that financial year. Section 48(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 Public Audit Act, 2003 ( No. 12 of 2003 ).
Section 48Verify source
§ 49FINANCIAL PROVISIONS - 49. Bank accountsProvision

The Commission must open and maintain bank accounts necessary to perform its functions.

Section 49. Bank accounts Section The Commission shall open and maintain such bank accounts as shall be necessary for the performance of its functions.
Section 49Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 50MISCELLANEOUS PROVISIONS - 50. Management of informationProvision

The Commission and its staff must keep matters learned in their duties confidential; they must not be called to give evidence about such matters (subject to Article 35 of the Constitution); but the Commission may disclose matters in its reports to explain its findings and recommendations.

Section 50. Management of information Section 50(1) The Commission and the staff of the Commission shall maintain confidence in respect of all matters that come to their knowledge in the exercise of their duties. Section 50(2) Subject to the provisions of Article 35 of the Constitution, the Commission and the staff of the Commission shall not be called to give evidence in respect of any matter that comes to their knowledge in the exercise of their duties. Section 50(3) Notwithstanding subsection (1), the Commission may disclose in any report made by the Commission under this Act, any matter that in the opinion of the Commission may be disclosed in order to establish grounds for the Commission ’s findings and recommendations of the Commission .
Section 50Verify source
§ 51MISCELLANEOUS PROVISIONS - 51. Correspondence from persons in custody, etc.Provision

Persons in charge of prisons, remand or mental institutions, or institutions with patients or inmates must ensure correspondence from those persons to the Commission is transmitted in confidence and kept sealed.

Section 51. Correspondence from persons in custody, etc. Section Every person in charge of a prison, remand or mental institution where a person is held in custody, or of any institution where a person is a patient or inmate shall ensure, notwithstanding the provisions of any other written law, that any correspondence from such person to the Commission is transmitted in confidence and any written communication in that regard shall remain sealed.
Section 51Verify source
§ 52MISCELLANEOUS PROVISIONS - 52. OffencesOffence

Without justification or lawful excuse, obstructing, hindering or threatening the Commission or a member of staff acting under this Act is an offence.

Section 52. Offences Section without justification or lawful excuse, obstructs hinders, threatens the Commission or a member of staff acting under this Act;
Section 52Verify source
§ 53MISCELLANEOUS PROVISIONS - 53. Report of the CommissionProvision

The Commission must prepare an annual report containing specified content, submit it to the President and Parliament within six months after the end of the year, and publish it in the Gazette and a national newspaper; the President, National Assembly or Senate may require ad hoc reports.

Section 53. Report of the Commission Section 53(1)(a) the financial statements of the Commission; Section 53(1)(b) a description of the activities of the Commission; Section 53(1)(c) recommendations on specific actions to be taken in furtherance of the findings of the Commission; Section 53(1)(d) recommendations on legal and administrative measures to address specific concerns identified by the Commission; and Section 53(1)(e) any other information relating to its functions that the Commission considers relevant. Section 53(1A) The Commission shall submit the annual report in subsection (1) to the President and Parliament within six months after the end of the year to which it relates. Section 53(2) The Commission shall publish the report in the Gazette and in at least one newspaper with national circulation. Section 53(3) The President, the National Assembly or the Senate may at any time require the Commission to submit a report on a particular issue. [Act No. 19 of 2023 , Sch.]
Section 53Verify source
§ 54MISCELLANEOUS PROVISIONS - 54. Report to Parliament on the implementation of reportProvision

The Cabinet Secretary must prepare and submit an annual report on implementation of human rights to Parliament and must report to the National Assembly reasons if recommendations from that report are not implemented.

Section 54. Report to Parliament on the implementation of report Section 54(1) The Cabinet Secretary shall, prepare an annual report on the implementation of human rights and shall submit the report to Parliament in accordance with Article 153 (4) (b) of the Constitution. Section 54(2) Where any of the recommendations contained in a report submitted under subsection (1) have not been implemented, the Cabinet Secretary shall report to the National Assembly the reasons therefor.
Section 54Verify source
§ 55MISCELLANEOUS PROVISIONS - 55. RegulationsProvision

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

Section 55. Regulations Section The Commission may make regulations for the better carrying into effect of the provisions of this Act.
Section 55Verify source

Part VII

SAVINGS AND TRANSITIONAL PROVISIONS

§ 56SAVINGS AND TRANSITIONAL PROVISIONS - 56. Transfer of complaints to theCommissionCommencement

Complaints made to the Kenya National Human Rights and Equality Commission and the former National Commission on Gender and Development immediately before this Act commenced are deemed to have been made to the Commission at commencement.

Section 56. Transfer of complaints to theCommission Section All complaints, which immediately before the commencement of this Act were made to the Kenya National Human Rights and Equality Commission and the former National Commission on Gender and Development shall at the commencement of this Act, be deemed to have been made to the Commission .
Section 56Verify source
§ 57SAVINGS AND TRANSITIONAL PROVISIONS - 57. ContractsCommencement

The Commission must be bound by all contracts, including any contracts of service that were in force when this Act commenced and to which the Kenya National Human Rights and Equality Commission was a party.

Section 57. Contracts Section The Commission shall be bound in all contracts, including contracts of service, if any, subsisting at the commencement of this Act and to which the Kenya National Human Rights and Equality Commission was party.
Section 57Verify source
§ 58SAVINGS AND TRANSITIONAL PROVISIONS - 58. SavingsCommencement

Persons who were members of the former National Commission on Gender and Development and who became members of the Kenya National Human Rights and Equality Commission shall become members of the Commission upon commencement of this Act for their unexpired term.

Section 58. Savings Section 58(1)(a) any order or notice made or issued by the Kenya National Human Rights and Equality Commission and the former Kenya National Commission on Human Rights shall be deemed to have been made or issued under this Act; Section 58(1)(b) any function carried out by the Kenya National Human Rights and Equality Commission and the former Kenya National Commission on Human Rights during the transition period shall be deemed to have been carried out under this Act; Section 58(1)(c) all assets and liabilities which immediately before the commencement of this Act were vested in the Kenya National Human Rights and Equality Commission shall vest in the Commission ; Section 58(1)(d) all rights, powers and duties, whether arising under any written law or otherwise which immediately before the coming into operation of this Act were vested in the Kenya National Human Rights and Equality Commission shall be transferred to, vested, imposed on, or be enforceable by or against the Commission ; Section 58(1)(e) all actions, suits or legal proceedings by or against the Kenya National Human Rights and Equality Commission shall be carried out on, prosecuted by or against the Commission and no such suit, action or legal proceedings shall abate or be affected by the coming into operation of this Act. Section 58(2) Notwithstanding section 9 , the persons who were members of the former National Commission on Gender and Development who became members of the Kenya National Human Rights and Equality Commission pursuant to section 26 of the Sixth Schedule to the Constitution shall become members of the Commission upon the commencement of this Act for their unexpired term.
Section 58Verify source
§ 59SAVINGS AND TRANSITIONAL PROVISIONS - 59. Repeal of ActNo. 13 of 2003Repeal

The National Commission on Gender and Development Act, 2003 (No. 13 of 2003) is repealed.

Section 59. Repeal of ActNo. 13 of 2003 Section The National Commission on Gender and Development Act, 2003 ( No. 13 of 2003 ), is repealed.
Section 59Verify source

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.

A–F

3 instruments

  • ActNo. 13 of 2003 The National Commission on Gender and Development Act, 2003

    Section 59
  • Articles 226 and 229 of the Constitution and the Public Audit Act, 2003

    Section 48
  • Commission upon commencement of this Act

    Section 58

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint
  • 11 Dec 2023 · currentEnglish

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

About this LexChat collection

Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.