Chapter 15 of the Constitution of Kenya establishes commissions and independent offices to uphold democracy, constitutionalism, and the sovereignty of the people. These entities operate independently, without influence from any person or authority, and are funded separately in the national budget.
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The Independent Commissions in Kenya
Article 248 of the Constitution lists independent commissions that serve various governance, legal, electoral, and public service functions.
1. Kenya National Human Rights and Equality Commission
- Established under Article 59 of the Constitution.
- Later restructured into three commissions:
- National Gender and Equality Commission (NGEC)
- Commission on Administrative Justice (Office of the Ombudsman)
- Kenya National Commission on Human Rights (KNCHR)
1.1 National Gender and Equality Commission (NGEC)
- Mandate: Promotes gender equality and protection from discrimination.
- Draws authority from Articles 10, 27, 43, 59, and the National Gender and Equality Commission Act.
1.2 Commission on Administrative Justice (Office of the Ombudsman)
- Investigates maladministration, abuse of power, unfair treatment, and injustice in public administration.
- Established under the Commission on Administrative Justice Act.
1.3 Kenya National Commission on Human Rights (KNCHR)
- Monitors human rights violations and ensures government compliance with human rights laws.
- Functions as an oversight body in promoting constitutional human rights standards.
2. National Land Commission (NLC)
- Established under Article 67 of the Constitution.
- Manages public land on behalf of national and county governments.
- The National Land Commission Act further outlines its powers and responsibilities.
3. Independent Electoral and Boundaries Commission (IEBC)
- Established under Article 88 of the Constitution.
- Conducts elections, referenda, and delimits electoral boundaries.
- Oversees electoral integrity and voter registration.
4. Parliamentary Service Commission (PSC)
- Established under Article 127 of the Constitution.
- Ensures smooth functioning of Parliament (National Assembly and Senate).
- Provides administrative and financial support to MPs and parliamentary staff.
5. Judicial Service Commission (JSC)
- Established under Article 171 of the Constitution.
- Promotes judicial independence, accountability, and administration of justice.
- Mandated under Article 172 and the Judicial Service Act.
6. Commission on Revenue Allocation (CRA)
- Established under Article 215 of the Constitution.
- Advises on equitable revenue sharing between:
- National and county governments.
- Among counties.
7. Public Service Commission (PSC)
- Established under Article 233 of the Constitution.
- Responsible for:
- Establishing and abolishing public service positions.
- Appointing and managing public service employees.
- Ensuring public service efficiency and integrity.
8. Salaries and Remuneration Commission (SRC)
- Established under Article 230 of the Constitution.
- Sets and reviews salaries and benefits for:
- State officers.
- Other public servants at national and county levels.
9. Teachers Service Commission (TSC)
- Established under Article 237 of the Constitution.
- Responsible for:
- Registering, recruiting, and deploying teachers.
- Managing teacher promotions and transfers.
- Disciplinary actions in public schools.
10. National Police Service Commission (NPSC)
- Established under Article 246 of the Constitution.
- Manages human resources for:
- Kenya Police Service.
- Administration Police Service.
- Directorate of Criminal Investigations (DCI).
The Independent Offices in Kenya
Article 248 of the Constitution also establishes two independent offices:
1. Office of the Auditor-General
- Established under Article 229 of the Constitution.
- Oversight authority for:
- Executive, Judiciary, and Legislature.
- Commissions and independent offices.
- State corporations and counties.
- Ensures financial accountability in public institutions.
2. Office of the Controller of Budget (OCOB)
- Established under Article 228 of the Constitution.
- Monitors and approves withdrawals from:
- National and county government funds.
- Ensures budget implementation is within legal limits.
Conclusion
Kenya’s commissions and independent offices play a critical role in upholding democracy, governance, and the rule of law. These entities ensure checks and balances in areas such as human rights, public finance, elections, security, and public service management.
For more details, refer to Chapter 15 of the Kenyan Constitution.
