The Commissions and Independent Offices in Kenya

Chapter fifteen of the Constitution speaks about the commissions and independent offices in Kenya. Their objectives are to protect the sovereignty of the people, secure the observance of democratic values and principles by all State organs and promote constitutionalism.

The commissions and the holders of independent offices are subject only to the Constitution and the law. In addition, they are independent and not subject to direction or control by any person or authority.

Parliament shall allocate adequate funds to enable each commission and independent office to perform its functions. The budget of each commission and independent office shall be a separate vote, that is, the budget shall be entered separately in the national budget.

Table of ContentsShow/Hide

The Independent Commissions in Kenya

Article 248 of the Constitution states the independent commissions in Kenya.

1. Kenya National Human Rights And Equality Commission

Article 59 of the Kenyan Constitution establishes the Kenya National Human Rights and Equality Commission.

The law restructures the Commission into three separate commissions: National Gender and Equality Commission, Commission on Administrative Justice and Kenya National Commission on Human Rights.

1.1. National Gender and Equality Commission

The National Gender and Equality Commission derives its mandate from:

• Articles 10, 27, 43, 59, and Chapter Fifteen of the Constitution; and
• Section 8 of the National Gender and Equality Commission Act.

The main objectives of the Commission are to promote gender equality and freedom from discrimination.

Continue reading about the National Gender and Equality Commission.

1.2. Commission on Administrative Justice

The Commission on Administrative Justice is also known as the Office of the Ombudsman. The Commission on Administrative Justice Act establishes the Office of the Ombudsman in Kenya.

The Commission on Administrative Justice in Kenya has many mandates. Among the mandates of the Office of the Ombudsman in Kenya are to:

• investigate any conduct in state affairs or any act or omission in public administration in any sphere of Government and
• investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair, or unresponsive official conduct.

Continue reading about the Commission on Administrative Justice.

1.3 Kenya National Commission on Human Rights

The Commission is established through an Act of Parliament (the Kenya National Commission on Human Rights Act). It is the state’s lead agency in the promotion and protection of human rights.

The Commission plays two key broad mandates;

• it acts as a watch-dog over the Government in the area of human rights.
• it provides key leadership in moving the country towards a human rights state.

Continue reading about the Kenya National Commission On Human Rights.

2. National Land Commission

Article 67 of the Constitution establishes and states the functions of the National Land Commission in Kenya. The National Land Commission is also one of the independent commissions established by Chapter 15 of the Kenyan Constitution.

The National Land Commission Act makes further provisions concerning the powers and functions of the National Land Commission, and the qualifications and procedures for appointments to the Commission.

The major function of the Commission is to manage public land on behalf of the national and county governments. Continue reading about the National Land Commission.

3. Independent Electoral and Boundaries Commission

Article 88 of the Kenyan Constitution establishes and states the role of the Independent Electoral and Boundaries Commission (IEBC).

The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by the Constitution, and any other elections as prescribed by an Act of Parliament.

Continue reading about the Independent Electoral and Boundaries Commission.

4. Parliamentary Service Commission

Article 127 of the Kenyan Constitution establishes and defines the composition and functions of the Parliamentary Service Commission (PSC). The Parliamentary Service Act contains more provisions on the Commission.

The major function of the Parliamentary Service Commission is to ensure the smooth running of both Houses of Parliament, the Senate and the National Assembly.

Continue reading about the Parliamentary Service Commission.

5. Judicial Service Commission

Article 171 of the Kenyan Constitution establishes the Judicial Service Commission. Article 172 of the Constitution states the functions of the Judicial Service Commission in Kenya.

The Judicial Service Act contains more information about the Commission.

The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice.

Continue reading about the Judicial Service Commission.

6. Commission on Revenue Allocation

Article 215 of the Kenyan Constitution establishes the Commission on Revenue Allocation (CRA).

The major function of the Commission is to make recommendations concerning the basis for the equitable sharing of revenue raised by the national government:

• between the national and county governments; and
• among the county governments.

Continue reading about the Commission on Revenue Allocation.

7. Public Service Commission

Article 233 of the Kenyan Constitution establishes the Public Service Commission.

Article 234 of the Kenyan Constitution sets out the powers and functions of the Public Service Commission in Kenya, which include:

• subject to the Constitution and legislation–
  • establish and abolish offices in the public service; and
  • appoint persons to hold or act in those offices, and to confirm appointments;

Continue reading about the Public Service Commission.

8. Salaries and Remuneration Commission

Article 230 of the Constitution and the Salaries and Remuneration Commission (SRC) Act establish the Salaries and Remuneration Commission.

Article 230(4) of the Kenyan Constitution says the powers and functions of the Salaries and Remuneration Commission shall be-

• to set and regularly review the remuneration and benefits of all State officers; and
• to advise the national and county governments on the remuneration and benefits of all other public officers.

Continue reading about the Salaries and Remuneration Commission.

9. Teachers Service Commission

Article 237 of the Kenyan Constitution establishes the Teachers Service Commission. Further provisions about the Commission are in the Teachers Service Commission (TSC) Act, an Act of Parliament.

Article 237 of the Kenyan Constitution states the mandate and functions of the Teachers Service Commission (TSC) include to:

• register trained teachers;
• recruit and employ registered teachers;
• assign teachers employed by the Commission for service in any public school or institution;
• promote and transfer teachers;

Continue reading about the Teachers Service Commission.

10. National Police Service Commission

Article 246 of the Constitution establishes the National Police Service Commission. It took over, among other functions, the human resource management function of the National Police Service, that previously was being handled by the Public Service Commission.

The Commission is in charge of human resource management of the National Police Service, which comprises the Kenya Police, the Administration Police and the Directorate of Criminal Investigations.

Continue reading about the National Police Service Commission.

The independent offices in Kenya

Article 248 of the Constitution states independent offices in Kenya.

1. the Auditor-General

The Kenyan Constitution establishes the Office of the Auditor General in Kenya under Article 229.

The primary role of the Auditor General in Kenya is the oversight or assurance role of ensuring accountability within the three arms of government (the Legislature, the Judiciary, and the Executive) as well as the Constitutional Commissions and Independent Offices.

Continue reading about the role of the Auditor General.

2. the Controller of Budget

Article 228 of the Kenyan Constitution establishes the Office of the Controller of Budget. The Office of the Controller of Budget (OCOB) oversees the implementation of the national and county government budgets.

The office exercises the oversight by authorizing withdrawals from public funds.

Continue reading about the Controller of Budget.

For more about commissions and independent offices in Kenya, refer to Chapter 15 of the Kenyan Constitution.