Scorecard on Constitutional Implementation

Commissions and Independent Offices

The Constitution of Kenya 2010 establishes eleven Commissions and requires Parliament to establish one more. Each of these Commissions along with the two independent offices i.e. the Controller of Budget and the Auditor General are protected in this chapter. The chapter declares their independence, ensures that the appointment of members to serve in these institutions is open and transparent and it protects the members from arbitrary removal and sets out their powers.

So far the National Assembly has managed to establish three constitutional commissions required by the Constitution of Kenya 2010:

• The Constitutional Implementation Commission
• The Judicial Service Commission and
• The Commission on Revenue Allocation
• The Transition Authority

The Constitutional Implementation Commission and the Revenue Allocation were both established six months later than scheduled. The Judicial Service Commission is now fully constituted following the appointment of the Chief Justice and his deputy in June.
The Commissions and Independent Offices are established as legal bodies with clear succession mechanisms and can sue or be sued. The objects of the Commissions and the Independent Offices are to:

• Protect the sovereignty of the people.
• Secure the observance by all State organs of democratic values and principles.
• Promote the rule of law.

The Commissions and holders of Independent Offices are subject only to the Constitution and the law. They are Independent and not under control of any person or authority. The Commission and holder of an independent office are to submit reports annually to the President and to Parliament. Every report will be published and publicized.