Article 203 of the Constitution of Kenya

(c) a summary of any significant deviation from the Commission on Revenue Allocation’s recommendations, with an explanation for each such deviation.129 Constitution of Kenya, 2010 Transfer of equitable share. 219. A county’s share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under Article 225. PART 5—BUDGETS AND SPENDING Form, content and timing of budgets. 220. (1) Budgets of the national and county governments shall contain— (a) estimates of revenue and expenditure, differentiating between recurrent and development expenditure; (b) proposals for financing any anticipated deficit for the period to which they apply; and (c) proposals regarding borrowing and other forms of public liability that will increase public debt during the following year. (2) National legislation shall prescribe— (a) the structure of the development plans and budgets of counties; (b) when the plans and budgets of the counties shall be tabled in the county assemblies; and (c) the form and manner of consultation between the national government and county governments in the process of preparing plans and budgets. Budget estimates and annual Appropriation Bill. 221. (1) At least two months before the end of each financial year, the Cabinet Secretary responsible for finance shall submit to the National Assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the National Assembly. (2) The estimates referred to in clause (1) shall— (a) include estimates for expenditure from the Equalisation Fund; and (b) be in the form, and according to the procedure, prescribed by an Act of Parliament. (3) The National Assembly shall consider the estimates submitted 130 Constitution of Kenya, 2010 under clause (1) together with the estimates submitted by the Parliamentary Service Commission and the Chief Registrar of the Judiciary under Articles 127 and 173 respectively. (4) Before the National Assembly considers the estimates of revenue and expenditure, a committee of the Assembly shall discuss and review the estimates and make recommendations to the Assembly. (5) In discussing and reviewing the estimates, the committee shall seek representations from the public and the recommendations shall be taken into account when the committee makes its recommendations to the National Assembly. (6) When the estimates of national government expenditure, and the estimates of expenditure for the Judiciary and Parliament have been approved by the National Assembly, they shall be included in an Appropriation Bill, which shall be introduced into the National Assembly to authorise the withdrawal from the Consolidated Fund of the money needed for the expenditure, and for the appropriation of that money for the purposes mentioned in the Bill. (7) The Appropriation Bill mentioned in clause (6) shall not include expenditures that are charged on the Consolidated Fund by this Constitution or an Act of Parliament. Expenditure before annual budget is passed 222. (1) If the Appropriation Act for a financial year has not been assented to, or is not likely to be assented to, by the beginning of that financial year, the National Assembly may authorise the withdrawal of money from the Consolidated Fund. (2) Money withdrawn under clause (1) shall— (a) be for the purpose of meeting expenditure necessary to carry on the services of the national government during that year until such time as the Appropriation Act is assented to; (b) not exceed in total one-half of the amount included in the estimates of expenditure for that year that have been tabled in the National Assembly; and (c) be included, under separate votes for the several services in respect of which they were withdrawn, in the Appropriation Act. Supplementary appropriation. 223. (1) Subject to clauses (2) to (4), the national government 131 Constitution of Kenya, 2010 may spend money that has not been appropriated if— (a) the amount appropriated for any purpose under the Appropriation Act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Act; or (b) money has been withdrawn from the Contingencies Fund. (2) The approval of Parliament for any spending under this Article shall be sought within two months after the first withdrawal of the money, subject to clause (3). (3) If Parliament is not sitting during the time contemplated in clause (2), or is sitting but adjourns before the approval has been sought, the approval shall be sought within two weeks after it next sits. (4) When the National Assembly has approved spending under clause (2), an appropriation Bill shall be introduced for the appropriation of the money spent. (5) In any particular financial year, the national government may not spend under this Article more than ten per cent of the sum appropriated by Parliament for that financial year unless, in special circumstances, Parliament has approved a higher percentage. County appropriation Bills. 224. On the basis of the Division of Revenue Bill passed by Parliament under Article 218, each county government shall prepare and adopt its own annual budget and appropriation Bill in the form, and according to the procedure, prescribed in an Act of Parliament. PART 6—CONTROL OF PUBLIC MONEY Financial control. 225. (1) An Act of Parliament shall provide for the establishment, functions and responsibilities of the national Treasury. (2) Parliament shall enact legislation to ensure both expenditure control and transparency in all governments and establish mechanisms to ensure their implementation. (3) Legislation under clause (2) may authorise the Cabinet Secretary responsible for finance to stop the transfer of funds to a State organ or any other public entity—132 Constitution of Kenya, 2010 (a) only for a serious material breach or persistent material breaches of the measures established under that legislation; and (b) subject to the requirements of clauses (4) to (7). (4) A decision to stop the transfer of funds under clause (3) may not stop the transfer of more than fifty per cent of funds due to a county government. (5) A decision to stop the transfer of funds as contemplated in clause (3)— (a) shall not stop the transfer of funds for more than sixty days; and (b) may be enforced immediately, but will lapse retrospectively unless, within thirty days after the date of the decision, Parliament approves it by resolution passed by both Houses. (6) Parliament may renew a decision to stop the transfer of funds but for no more than sixty days at a time. (7) Parliament may not approve or renew a decision to stop the transfer of funds unless— (a) the Controller of Budget has presented a report on the matter to Parliament; and (b) the public entity has been given an opportunity to answer the allegations against it, and to state its case, before the relevant parliamentary committee. Accounts and audit of public entities. 226. (1) An Act of Parliament shall provide for— (a) the keeping of financial records and the auditing of accounts of all governments and other public entities, and prescribe other measures for securing efficient and transparent fiscal management; and (b) the designation of an accounting officer in every public entity at the national and county level of government. (2) The accounting officer of a national public entity is accountable to the National Assembly for its financial management, and the accounting officer of a county public entity is accountable to the county assembly for its financial management.133 Constitution of Kenya, 2010 (3) Subject to clause (4), the accounts of all governments and State organs shall be audited by the Auditor-General. (4) The accounts of the office of the Auditor-General shall be audited and reported on by a professionally qualified accountant appointed by the National Assembly. (5) If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not. Procurement of public goods and services. 227. (1) When a State organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. (2) An Act of Parliament shall prescribe a framework within which policies relating to procurement and asset disposal shall be implemented and may provide for all or any of the following— (a) categories of preference in the allocation of contracts; (b) the protection or advancement of persons, categories of persons or groups previously disadvantaged by unfair competition or discrimination; (c) sanctions against contractors that have not performed according to professionally regulated procedures, contractual agreements or legislation; and (d) sanctions against persons who have defaulted on their tax obligations, or have been guilty of corrupt practices or serious violations of fair employment laws and practices. PART 6—FINANCIAL OFFICERS AND INSTITUTIONS Controller of Budget. 228. (1) There shall be a Controller of Budget who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. (2) To be qualified to be the Controller, a person shall have extensive knowledge of public finance or at least ten years experience in auditing public finance management.134 Constitution of Kenya, 2010 (3) The Controller shall, subject to Article 251, hold office for a term of eight years and shall not be eligible for re-appointment. (4) The Controller of Budget shall oversee the implementation of the budgets of the national and county governments by authorising withdrawals from public funds under Articles 204, 206 and 207. (5) The Controller shall not approve any withdrawal from a public fund unless satisfied that the withdrawal is authorised by law. (6) Every four months, the Controller shall submit to each House of Parliament a report on the implementation of the budgets of the national and county governments. Auditor-General. 229. (1) There shall be an Auditor-General who shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. (2) To be qualified to be the Auditor-General, a person shall have extensive knowledge of public finance or at least ten years experience in auditing or public finance management. (3) The Auditor-General holds office, subject to Article 251, for a term of eight years and shall not be eligible for re-appointment. (4) Within six months after the end of each financial year, the Auditor-General shall audit and report, in respect of that financial year, on— (a) the accounts of the national and county governments; (b) the accounts of all funds and authorities of the national and county governments; (c) the accounts of all courts; (d) the accounts of every commission and independent office established by this Constitution; (e) the accounts of the National Assembly, the Senate and the county assemblies; (f) the accounts of political parties funded from public funds; (g) the public debt; and (h) the accounts of any other entity that legislation requires the Auditor-General to audit.135 Constitution of Kenya, 2010 (5) The Auditor-General may audit and report on the accounts of any entity that is funded from public funds. (6) An audit report shall confirm whether or not public money has been applied lawfully and in an effective way. (7) Audit reports shall be submitted to Parliament or the relevant county assembly. (8) Within three months after receiving an audit report, Parliament or the county assembly shall debate and consider the report and take appropriate action. Salaries and Remuneration Commission. 230. (1) There is established the Salaries and Remuneration Commission. (2) The Salaries and Remuneration Commission consists of the following persons appointed by the President— (a) a chairperson; (b) one person each nominated by the following bodies from among persons who are not members or employees of those bodies— (i) the Parliamentary Service Commission; (ii) the Public Service Commission; (iii) the Judicial Service Commission; (iv) the Teachers Service Commission; (v) the National Police Service Commission; (vi) the Defence Council; and (vii) the Senate, on behalf of the county governments; (c) one person each nominated by— (i) an umbrella body representing trade unions; (ii) an umbrella body representing employers; and (iii) a joint forum of professional bodies as provided by legislation; (d) one person each nominated by— (i) the Cabinet Secretary responsible for finance; and136 Constitution of Kenya, 2010 (ii) the Attorney-General; and (e) one person who has experience in the management of human resources in the public service, nominated by the Cabinet Secretary responsible for public service. (3) The Commissioners under clause (1) ( d) and (e) shall have no vote. (4) The powers and functions of the Salaries and Remuneration Commission shall be to— (a) set and regularly review the remuneration and benefits of all State officers; and (b) advise the national and county governments on the remuneration and benefits of all other public officers. (5) In performing its functions, the Commission shall take the following principles into account— (a) the need to ensure that the total public compensation bill is fiscally sustainable; (b) the need to ensure that the public services are able to attract and retain the skills required to execute their functions; (c) the need to recognise productivity and performance; and (d) transparency and fairness. Central Bank of Kenya. 231. (1) There is established the Central Bank of Kenya. (2) The Central Bank of Kenya shall be responsible for formulating monetary policy, promoting price stability, issuing currency and performing other functions conferred on it by an Act of Parliament. (3) The Central Bank of Kenya shall not be under the direction or control of any person or authority in the exercise of its powers or in the performance of its functions. (4) Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolise Kenya or an aspect of Kenya but shall not bear the portrait of any individual. (5) An Act of Parliament shall provide for the composition, powers, functions and operations of the Central Bank of Kenya.137 Constitution of Kenya, 2010 CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE Values and principles of public service. 232. (1) The values and principles of public service include— (a) high standards of professional ethics; (b) efficient, effective and economic use of resources; (c) responsive, prompt, effective, impartial and equitable provision of services; (d) involvement of the people in the process of policy making; (e) accountability for administrative acts; (f)transparency and provision to the public of timely, accurate information; (g) subject to paragraphs ( h) and (i), fair competition and merit as the basis of appointments and promotions; (h) representation of Kenya’s diverse communities; and (i)affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of— (i)men and women; (ii)the members of all ethnic groups; and (iii) persons with disabilities. (2) The values and principles of public service apply to public service in— (a) all State organs in both levels of government; and (b) all State corporations. (3) Parliament shall enact legislation to give full effect to this Article. PART 2—THE PUBLIC SERVICE COMMISSION The Public Service Commission. 233. (1) There is established the Public Service Commission.138 Constitution of Kenya, 2010 (2) The Public Service Commission consists of a chairperson, a vice chairperson and seven other members appointed by the President with the approval of the National Assembly. (3) Subject to clause (4), a person is not eligible for appointment as a member of the Commission if the person–– (a) has, at any time within the preceding five years, held office, or stood for election as— (i) a member of Parliament or of a county assembly; or (ii) a member of the governing body of a political party; or (b) holds any State office; (c) is, or has at any time been, a candidate for election as a member of Parliament or of a county assembly; or (d) is, or has at any time been, the holder of an office in any political organisation that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of Parliament or of a county assembly. (4) Clause (3) (c) and (d) cease to apply to a person after two general elections for Parliament have been held since the person ceased to be such a candidate or office holder. (5) There shall be a secretary to the Commission. (6) The secretary— (a) is the chief executive of the Commission; and (b) shall be appointed by the Commission for a term of five years, and is eligible for re-appointment once. Functions and powers of the Public Service Commission. 234. (1) The functions and powers of the Commission are as set out in this Article. (2) The Commission shall— (a) subject to this Constitution and legislation— (i) establish and abolish offices in the public service; and (ii) appoint persons to hold or act in those offices, and to confirm appointments;139 Constitution of Kenya, 2010 (b) exercise disciplinary control over and remove persons holding or acting in those offices; (c) promote the values and principles referred to in Articles 10 and 232 throughout the public service; (d) investigate, monitor and evaluate the organisation, administration and personnel practices of the public service; (e) ensure that the public service is efficient and effective; (f) develop human resources in the public service; (g) review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service; (h) evaluate and report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service ; (i) hear and determine appeals in respect of county governments’ public service; and (j) perform any other functions and exercise any other powers conferred by national legislation. (3) Clauses (1) and (2) shall not apply to any of the following offices in the public service— (a) State offices; (b) an office of high commissioner, ambassador or other diplomatic or consular representative of the Republic; (c) an office or position subject to— (i)the Parliamentary Service Commission; (ii) the Judicial Service Commission; (iii) the Teachers Service Commission; (iv) the National Police Service Commission; or (b) an office in the service of a county government, except as contemplated in clause (2) ( i). 140 Constitution of Kenya, 2010 (4) The Commission shall not appoint a person under clause (2) to hold or act in any office on the personal staff of the President or a retired President, except with the consent of the President or retired President. (5) The Commission may delegate, in writing, with or without conditions, any of its functions and powers under this Article to any one or more of its members, or to any officer, body or authority in the public service. Staffing of county governments. 235. (1) A county government is responsible, within a framework of uniform norms and standards prescribed by an Act of Parliament, for — (a) establishing and abolishing offices in its public service; (b) appointing persons to hold or act in those offices, and confirming appointments; and (c) exercising disciplinary control over and removing persons holding or acting in those offices. (2) Clause (1) shall not apply to any office or position subject to the Teachers Service Commission. Protection of public officers. 236. A public officer shall not be— (a) victimised or discriminated against for having performed the functions of office in accordance with this Constitution or any other law; or (b) dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law. PART 3—TEACHERS SERVICE COMMISSION Teachers Service Commission. 237. (1) There is established the Teachers Service Commission. (2) The functions of the Commission are— (a) to register trained teachers; (b) to recruit and employ registered teachers;141 Constitution of Kenya, 2010 (c) to assign teachers employed by the Commission for service in any public school or institution; (d) to promote and transfer teachers; (e) to exercise disciplinary control over teachers; and (f) to terminate the employment of teachers. (3) The Commission shall— (a) review the standards of education and training of persons entering the teaching service; (b) review the demand for and the supply of teachers; and (c) advise the national government on matters relating to the teaching profession. CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS Principles of national security. 238. (1) National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests. (2) The national security of Kenya shall be promoted and guaranteed in accordance with the following principles— (a) national security is subject to the authority of this Constitution and Parliament; (b) national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms; (c) in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya; and (d) recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions. National security organs. 239. (1) The national security organs are—142 Constitution of Kenya, 2010 (a) the Kenya Defence Forces; (b) the National Intelligence Service; and (c) the National Police Service. (2) The primary object of the national security organs and security system is to promote and guarantee national security in accordance with the principles mentioned in Article 238 (2). (3) In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not— (a) act in a partisan manner; (b) further any interest of a political party or cause; or (c) prejudice a political interest or political cause that is legitimate under this Constitution. (4) A person shall not establish a military, paramilitary, or similar organisation that purports to promote and guarantee national security, except as provided for by this Constitution or an Act of Parliament. (5) The national security organs are subordinate to civilian authority. (6) Parliament shall enact legislation to provide for the functions, organisation and administration of the national security organs. Establishment of the National Security Council 240. (1) There is established a National Security Council. (2) The Council consists of— (a) the President; (b) the Deputy President; (c) the Cabinet Secretary responsible for defence; (d) the Cabinet Secretary responsible for foreign affairs; (e) the Cabinet Secretary responsible for internal security; (f) the Attorney-General; (g) the Chief of Kenya Defence Forces;143 Constitution of Kenya, 2010 (h) the Director-General of the National Intelligence Service; and (i)the Inspector-General of the National Police Service. (3) The Council shall exercise supervisory control over national security organs and perform any other functions prescribed by national legislation. (4) The President shall preside at meetings of the Council. (5) The Council shall appoint its secretary. (6) The Council shall— (a) integrate the domestic, foreign and military policies relating to national security in order to enable the national security organs to co-operate and function effectively; and (b) assess and appraise the objectives, commitments and risks to the Republic in respect of actual and potential national security capabilities. (7) The Council shall report annually to Parliament on the state of the security of Kenya. (8) The Council may, with the approval of Parliament— (a) deploy national forces outside Kenya for— (i)regional or international peace support operations; or (ii) other support operations; and (b) approve the deployment of foreign forces in Kenya. PART 2—THE KENYA DEFENCE FORCES Establishment of Defence Forces and Defence Council. 241. (1) There are established the Kenya Defence Forces. (2) The Defence Forces consist of— (a) the Kenya Army; (b) the Kenya Air Force; and (c) the Kenya Navy. (3) The Defence Forces—144 Constitution of Kenya, 2010 (a) are responsible for the defence and protection of the sovereignty and territorial integrity of the Republic; (b) shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances; and (c) may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly. (4) The composition of the command of the Defence Forces shall reflect the regional and ethnic diversity of the people of Kenya. (5) There is established a Defence Council. (6) The Council consist of— (a) the Cabinet Secretary responsible for defence, who is the chairperson; (b) the Chief of the Kenya Defence Forces; (c) the three commanders of the defence forces; and (d) the Principal Secretary in the Ministry responsible for defence. (7) The Council— (a) is responsible for the overall policy, control, and supervision of the Kenya Defence Forces; and (b) performs any other functions prescribed by national legislation. PART 3—THE NATIONAL INTELLIGENCE SERVICE Establishment of National Intelligence Service. 242. (1) There is established the National Intelligence Service. (2) The National Intelligence Service— (a) is responsible for security intelligence and counter intelligence to enhance national security in accordance with this Constitution; and (b) performs any other functions prescribed by national legislation.145 Constitution of Kenya, 2010 PART 4—THE NATIONAL POLICE SERVICE Establishment of the National Police Service. 243. (1) There is established the National Police Service. (2) The National Police Service consists of— (a) the Kenya Police Service; and (b) the Administration Police Service. (3) The National Police Service is a national service and shall function throughout Kenya. (4) Parliament shall enact legislation to give full effect to this Article. Objects and functions of the National Police Service. 244. The National Police Service shall— (a) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and (e) foster and promote relationships with the broader society. Command of the National Police Service. 245. (1) There is established the office of the Inspector-General of the National Police Service. (2) The Inspector-General— (a) is appointed by the President with the approval of Parliament; and (b) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.146 Constitution of Kenya, 2010 (3) The Kenya Police Service and the Administration Police Service shall each be headed by a Deputy Inspector-General appointed by the President in accordance with the recommendation of the National Police Service Commission. (4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to— (a) the investigation of any particular offence or offences; (b) the enforcement of the law against any particular person or persons; or (c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service. (5) Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article 157(4), shall be in writing. (6) The Inspector-General shall be appointed for a single four-year term, and is not eligible for re-appointment. (7) The Inspector-General may be removed from office by the President only on the grounds of— (a) serious violation of this Constitution or any other law, including a contravention of Chapter Six; (b) gross misconduct whether in the performance of the office holder’s functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) incompetence; (e) bankruptcy; or (f) any other just cause. (8) Parliament shall enact legislation to give full effect to this Article. National Police Service Commission. 246. (1) There is established the National Police Service 147 Constitution of Kenya, 2010 Commission. (2) The Commission consists of— (a) the following persons, each appointed by the President— (i)a person who is qualified to be appointed as a High Court Judge; (ii)two retired senior police officers; and (iii) three persons of integrity who have served the public with distinction; (b) the Inspector-General of the National Police Service; and (c) both Deputy Inspectors-General of the National Police Service. (3) The Commission shall— (a) recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service; (b) observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and (c) perform any other functions prescribed by national legislation. (4) The composition of the National Police Service shall reflect the regional and ethnic diversity of the people of Kenya. Other police services. 247. Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service. CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES Application of Chapter. 248. (1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides otherwise. (2) The commissions are—148 Constitution of Kenya, 2010 (a) the Kenya National Human Rights and Equality Commission; (b) the National Land Commission; (c) the Independent Electoral and Boundaries Commission; (d) the Parliamentary Service Commission; (e) the Judicial Service Commission; (f) the Commission on Revenue Allocation; (g) the Public Service Commission; (h) the Salaries and Remuneration Commission; (i) the Teachers Service Commission; and (j) the National Police Service Commission. (3) The independent offices are— (a) the Auditor-General; and (b) the Controller of Budget. Objects, authority and funding of commissions and independent offices. 249. (1) The objects of the commissions and the independent offices are to— (a) protect the sovereignty of the people; (b) secure the observance by all State organs of democratic values and principles; and (c) promote constitutionalism. (2) The commissions and the holders of independent offices— (a) are subject only to this Constitution and the law; and (b) are independent and not subject to direction or control by any person or authority. (3) Parliament shall allocate adequate funds to enable each commission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote.149 Constitution of Kenya, 2010 Composition, appointment and terms of office. 250. (1) Each commission shall consist of at least three, but not more than nine, members. (2) The chairperson and each member of a commission, and the holder of an independent office, shall be— (a) identified and recommended for appointment in a manner prescribed by national legislation; (b) approved by the National Assembly; and (c) appointed by the President. (3) To be appointed, a person shall have the specific qualifications required by this Constitution or national legislation. (4) Appointments to commissions and independent offices shall take into account the national values referred to in Article 10, and the principle that the composition of the commissions and offices, taken as a whole, shall reflect the regional and ethnic diversity of the people of Kenya. (5) A member of a commission may serve on a part-time basis. (6) A member of a commission, or the holder of an independent office— (a) unless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment; and (b) unless ex officio or part-time, shall not hold any other office or employment for profit, whether public or private. (7) The remuneration and benefits payable to or in respect of a commissioner or the holder of an independent office shall be a charge on the Consolidated Fund. (8) The remuneration and benefits payable to, or in respect of, a commissioner or the holder of an independent office shall not be varied to the disadvantage of that commissioner or holder of an independent office. (9) A member of a commission, or the holder of an independent office, is not liable for anything done in good faith in the performance of a function of office.150 Constitution of Kenya, 2010 (10) The members of a commission shall elect a vice-chairperson from among themselves— (a) at the first sitting of the commission; and (b) whenever it is necessary to fill a vacancy in the office of the vice-chairperson. (11) The chairperson and vice-chairperson of a commission shall not be of the same gender. (12) There shall be a Secretary to each commission who shall be — (a) appointed by the commission; and (b) the chief executive officer of the commission. Removal from office. 251. (1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for— (a) serious violation of this Constitution or any other law, including a contravention of Chapter Six; (b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankruptcy. (2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground. (3) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President. (4) On receiving a petition under clause (3), the President— (a) may suspend the member or office holder pending the outcome of the complaint; and151 Constitution of Kenya, 2010 (b) shall appoint a tribunal in accordance with clause (5). (5) The tribunal shall consist of— (a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson; (b) at least two persons who are qualified to be appointed as High Court judges; and (c) one other member who is qualified to assess the facts in respect of the particular ground for removal. (6) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days. (7) A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended. General functions and powers. 252. (1) Each commission, and each holder of an independent office— (a) may conduct investigations on its own initiative or on a complaint made by a member of the public; (b) has the powers necessary for conciliation, mediation and negotiation; (c) shall recruit its own staff; and (d) may perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by this Constitution. (2) A complaint to a commission or the holder of an independent office may be made by any person entitled to institute court proceedings under Article 22 (1) and (2). (3) The following commissions and independent offices have the power to issue a summons to a witness to assist for the purposes of its investigations— (a) the Kenya National Human Rights and Equality Commission; (b) the Judicial Service Commission;152 Constitution of Kenya, 2010 (c) the National Land Commission; and (d) the Auditor-General. Incorporation of commissions and independent offices. 253. Each commission and each independent office— (a) is a body corporate with perpetual succession and a seal; and (b) is capable of suing and being sued in its corporate name. Reporting by commissions and independent offices. 254. (1) As soon as practicable after the end of each financial year, each commission, and each holder of an independent office, shall submit a report to the President and to Parliament. (2) At any time, the President, the National Assembly or the Senate may require a commission or holder of an independent office to submit a report on a particular issue. (3) Every report required from a commission or holder of an independent office under this Article shall be published and publicised. CHAPTER SIXTEEN—AMENDMENT OF THIS CONSTITUTION Amendment of this Constitution. 255. (1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following matters— (a) the supremacy of this Constitution; (b) the territory of Kenya; (c) the sovereignty of the people; (d) the national values and principles of governance referred to in