Constitution of Kenya (Repealed) - Kenya Law Reports

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28 Constitution of Kenya[Rev. 2009(4) A person shall be qualified to be appointed as a member ofthe Commission if he-(a) is a citizen of Kenya;(b) holds a degree from a University recognized in Kenya; and(c) is a person of high moral character and integrity.(5) The Chairman of the Commission shall be a person who hasheld or is qualified to hold the office of judge of the High Court underthis Constitution.(6) A person shall not be qualified to be appointed a member ofthe Commission if he-(a) is a member of the National Assembly;(b) is a member of a local authority;(c) is a member of the executive body of a political party; or(d) holds or is acting in any office in the public service or in thearmed forces of the Republic.(7) Subject to this section, the office of a member of theCommission shall become vacant if circumstances arise that, if he werenot a member of the Commission, would cause him to be disqualifiedfor appointment as such.(8) Subject to subsection (9), a member of the Commission maybe removed from office only for inability to exercise the functions ofhis office (whether arising from infirmity of body or mind or from anyother cause) or for misbehaviour, and shall not be so removed exceptin accordance with this section.(9) A member of the Commission shall be removed from office ifthe National Assembly so resolves, by resolution supported by a majorityfor its members (excluding the ex- officio members).(10) In the exercise of its functions under this Constitution, theCommission shall not be subject to the direction or control of any otherperson or authority.(11) Subject to this Constitution and without prejudice tosubsection (10), Parliament may provide for the orderly and effectiveconduct of the operations and business of the Commission and of the
Rev. 2009]Constitution of Kenya 29powers of the Commission to appoint staff and establish committeesand regulate their procedure.(12) The Commission may, subject to its rules of procedure,act notwithstanding a vacancy in its membership or the absence of amember, and its proceedings shall not be invalidated by the presenceor participation of a person not entitled to be present or to participatein those proceedings:Provided that any decision of the Commission shall require theconcurrence of a majority of all its members.(13) The Commission shall stand dissolved twenty four monthsafter the commencement of this section or three months after thepromulgation of a new Constitution, whichever is the earlier.(14) Notwithstanding the provisions of subsection (2), a personwho immediately before the commencement of this section servedas a Commissioner or was a member of the staff of the ElectoralCommission of Kenya established by section 41 (now repealed) shallcease to be a Commissioner or member of staff at the commencementof this section:Provided that a member of staff affected by this section shall beeligible for redeployment in the Public Service.(15) The provisions of subsection (14) shall not apply to theRegistrar of Political Parties Act appointed under the Political PartiesAct.41A. The Interim Independent Electoral Commission shall beresponsible for the-(a) reform of the electoral process and the management of electionsin order to institutionalize free and fair elections;10 of 2007.Functions of theInterim IndependentElectoralCommission.10 of 2008, s. 2.(b) establishment of an efficient and effective secretariat;(c) promotion of free and fair elections;(d) fresh registration of voters and the creation of a new voterregister;(e) efficient conduct and supervision of elections and referenda;(f) development of a modern system for the collection, collation,transmission and tallying of electoral data;
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