Kenya Law Reform Commission Act

This Act may be cited as the Kenya Law Reform Commission Act.

Defines terms used in the Act: "Cabinet Secretary", "Chairperson", "Commission", "member", "Salaries and Remuneration Commission", and "secretary".

When fulfilling its mandate, the Commission must act in accordance with the values and principles set out in the Constitution and any written law.

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

Sets out how the selection panel is convened and runs the process to nominate and the President or Cabinet Secretary to appoint the Chairperson and members of the Commission, including timelines, advertisement and shortlisting requirements and gender and disability/youth balance.

The Chairperson is appointed for a single six-year term and is not eligible for re-appointment; other appointed members (not ex officio) are appointed for a single five-year term and are not eligible for re-appointment; certain members serve full-time and others part-time.

Before assuming office, the Chairperson and members must make and subscribe to an oath of office as prescribed under the First Schedule.

Section 14: Vacancy. Section dies;

Sets how removal complaints are handled: a person may complain to the Public Service Commission, which must investigate, report and recommend to the President or Cabinet Secretary; the Commission must dismiss and inform the petitioner if there is no case; the President or Cabinet Secretary must act on recommendations within 21 days and may accept or reject them but must give reasons if rejecting or partially adopting.

The Chairperson, members and the staff of the Commission must be paid remuneration or allowances determined by the Public Service Commission on the advice of the Salaries and Remuneration Commission.

The Commission must conduct its business and affairs in accordance with the Second Schedule; it may regulate its own procedure except as provided in the Second Schedule; any three members present constitute a quorum; presence or absence of an ex officio member is not counted in the quorum.

The Commission may establish committees and may co‑opt people into committee membership; co‑opted persons may join meetings and take part in deliberations but are not allowed to vote.

The Commission must appoint a suitably qualified secretary through an open, transparent and competitive recruitment process; the secretary must meet specified qualifications, serve on terms set by the Commission, hold office for five years (and may be reappointed), be responsible to the Commission, and perform duties including acting as CEO and accounting officer and managing day-to-day affairs and staff.

Section 20 lists grounds for removal of the Secretary (including physical or mental infirmity, gross misconduct, incompetence or negligence, violation of the Constitution or other written law, or other contract terms) and requires that the secretary be informed in writing of reasons for intended removal and given an opportunity to be heard in accordance with Article 47.

Section 21 establishes a secretariat for the Commission and provides that the Commission may appoint staff and that the Public Service Commission may second public officers to the Commission upon the Commission's request.

National and county governments may second public officers to the Commission on the Commission's request; seconded officers are treated as Commission officers and subject only to its direction and control during secondment.

The Commission decides the form of its seal (to be determined by the Commission) and the Secretary shall keep the seal; the affixing of the seal must be authenticated by the Chairperson or a person authorized by resolution of the Commission; documents under the seal are admissible in evidence in the absence of proof to the contrary.

Members of the Commission and persons acting under the Commission's instructions are not personally liable for actions, claims or demands when acting in good faith to execute the Commission's powers, functions or duties under the Constitution or this Act.

Members and employees of the Commission must subscribe to the code of conduct in the Third Schedule; the Commission may make further regulations prescribing that code.

Persons present at Commission meetings who (or whose spouses) have a private interest in a matter must declare that interest as soon as practicable after the meeting starts and must not take part in discussion or voting on the matter unless the Commission or committee directs otherwise; the disclosure must be recorded; Chairperson, members, and staff must not transact business with the Commission; contravention is an offence punishable by a fine not exceeding one million shillings or imprisonment for a term not exceeding two years or both.

The Commission must keep a record of the proceedings of every meeting of the Commission.

There is established the Kenya Law Reform Commission.

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

Functions of the Commission include ensuring that the law conforms to the letter and spirit of the Constitution.

The Commission's headquarters are in the capital city; it may establish offices elsewhere in Kenya, and it shall ensure access to its services across the Republic in accordance with Article 6(3) of the Constitution.

Section 8 lists the Commission's composition: a Chairperson appointed by the President; a member appointed by the Attorney‑General; a Law Society of Kenya representative who must be an advocate of the High Court; an Attorney‑General's officer appointed by the Attorney‑General; representatives of the Director of Public Prosecutions and the Chief Justice appointed in writing; a law professor appointed by the Attorney‑General; and a person nominated by the Council of Governors and appointed by the Attorney‑General. Representatives of the Attorney‑General, the Director of Public Prosecutions and the Chief Justice are ex officio members.

Lists qualifications required for appointment as Chairperson or member, including academic degrees, professional standing, experience, a distinguished career, and compliance with Chapter Six of the Constitution.

Funds of the Commission include: monies allocated by Parliament; grants, gifts, donations or other endowments given to the Commission; and funds that vest in or accrue to the Commission in performing its functions.

The Commission must prepare, approve and submit annual estimates of its revenue and expenditure, including specified categories of expenditure, with the estimates prepared at least three months before each financial year and approved before that year starts.

Defines 'financial year of the Commission' as the period commencing on the day on which this Act comes into operation and ending on the thirtieth day of June next following.

The Commission must keep proper books and records of account showing its income, expenditure, assets and liabilities.

The Commission must prepare an annual report each financial year, submit it to the President and Parliament within three months after the end of the year, include specified contents, and may determine how to publish and publicize the report.

The Commission must not be subject to the direction or control of any person or authority when performing its functions, except as provided under this Act.

The Commission must publish and publicize important information within its mandate that affects the nation, subject to Article 35 of the Constitution.

The Commission may make Regulations to carry the Act into effect.

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

"former Commission" is defined as the Law Reform Commission established under the Law Reform Commission Act (Repealed).

Chairperson and commissioners who were serving at the former Commission immediately before commencement shall continue in office for the unexpired period of their term.

Persons employed by the Government and serving at the former Commission immediately before commencement become employees of the Commission; those employees are given an option, upon commencement, to serve in the Commission or be redeployed in the Public Service within one year.