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Commissions and Offices
Schedules - Schedules
Article 6. Commissions and Offices

Part 6 – Commissions and Offices



Constitutional Commissions
     25.   (1) The Commission on the Implementation of the Constitution and the Commission on Revenue Allocation shall be constituted within ninety days after the effective date.
          (2)  The Salaries and Remuneration Commission shall be constituted within nine months after the effective date.
          (3)  Until the legislation referred to in Article 250 is in force, the persons appointed as members or as chairperson of the Salaries and Remuneration Commission shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.



The Kenya National Human Rights and Equality Commission
     26.   (1) The commissioners of the Kenya National Commission on Human Rights appointed under the Kenya National Commission on Human Rights Act, 2002 (No. 9 of 2002) and the commissioners of the National Commission on Gender and Development, appointed under the National Commission on Gender and Development Act, 2003 (No. 13 of 2003) other  than the Permanent Secretaries and the Attorney-General or a               representative of the Attorney-General, shall become members of the Kenya National Human Rights and Equality Commission for their unexpired term but each shall retain the terms of service as at the effective date.
          (2)  The chairperson of the Kenya National Commission on Human Rights shall be the chairperson of the Kenya National Human Rights and Equality Commission for the unexpired term of that chairperson, and the chairperson of the National Commission on Gender and Development shall be the Vice-Chairperson of the Kenya National Human Rights and Equality Commission for that chairperson’s unexpired term.



The Interim Independent Boundaries Commission
     27.  (1)  The Boundaries Commission established under the former Constitution shall continue to function as constituted under that Constitution and in terms of sections 41B and 41C but--
               (a)   it shall not determine the boundaries of the counties established under this Constitution;
               (b)   it shall determine the boundaries of constituencies and wards using the criteria mentioned in this Constitution;
                     and
               (c)   members of the Commission shall be subject to Chapter Seven of this Constitution.
           (3)  The requirement in Article 89(2) that a review of constituency and ward boundaries shall be completed at least twelve months before a general election does not apply to the review of boundaries preceding the first elections under this Constitution.
           (4)  The Boundaries Commission shall ensure that the first review of constituencies undertaken in terms of this Constitution shall not result in the loss of a constituency existing on the effective date.



The Interim Independent Electoral Commission and Independent Electoral and Boundaries Commission
     28.   (1)  The Interim Independent Electoral Commission established under section 41 of the former Constitution shall continue in office in terms of the former Constitution for its unexpired term or until the Independent Electoral and Boundaries Commission established under this Constitution is established, whichever is later.
           (2)  When members of the Independent Electoral and Boundaries Commission are selected, regard shall be had to the need for continuity and the retention of expertise and experience.



New appointments
     29.   (1)  The process of appointment of persons to fill vacancies arising in consequence of the coming into force of this Constitution shall begin on the effective date and be finalised within one year.
           (2)  Unless this Schedule prescribes otherwise, when this Constitution requires an appointment to be made by the President with the approval of the National Assembly, until after the first elections under this Constitution, the President shall, subject to the National Accord and Reconciliation Act, appoint a person after consultation with the Prime Minister and with the approval of the National Assembly.


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