Commissions and Independent Offices under the New Constitution

Open. Accountable. Responsible

Introduction

Commissions and Independent Offices are at the very center of national values, democratic governance, and accountability - three of the key pillars of the New Constitution. Indeed, only the people of Kenya themselves can, under the exceptional circumstances of a constitutional referendum, choose to adjust the independence levels of Commissions and Independent offices. Excerpts from Chapter Sixteen - Amendment of this Constitution, Article 255: 

255. (1) A proposed amendment to this Constitution shall be enacted ...... and approved ...... by a referendum, if the amendment relates to any of the following matters— (g) the independence of ...... commissions and independent offices .......

There are provided ten constitutional Commissions. Excerpts from Article 248 of Chapter Fifteen - Commissions and Independent Offices:

248. (2) The commissions are— (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.

The Independent Offices in the Republic of Kenya are that of the Auditor General and the Director of Budget. Excerpts from Article 248:

248. (3) The independent offices are— (a) the Auditor-General; and (b) the Controller of Budget.