Constitution of Kenya (Repealed) - Kenya Law Reports

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30 Constitution of Kenya[Rev. 2009(g) facilitation of the observation, monitoring and evaluation ofelections and referenda;(h) promotion of voter education and the culture of democracy;(i) settlement of minor electoral disputes during an election asmay be provided by law; and(j) performance of such other functions as may be prescribedby law.Interim IndependentBoundaries ReviewCommission.10 of 2008, s. 2.41B. (1) There shall be an Interim Independent BoundariesReview Commission, which shall consist of a chairman and not morethan eight other members.(2) The chairman and other members of the Commission shall benominated through a competitive process by the Parliamentary SelectCommittee and upon approval by the National Assembly be appointedby President in consultation with the Prime Minister.(3) 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 recognized University recognized inKenya;(c) is a person of high moral character and integrity; and(d) has knowledge and proven experience in public administrationand management of public affairs.(4) A person shall not be qualified to be appointed as a memberof the 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.
Rev. 2009]Constitution of Kenya 31(5) 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.(6) Subject to subsection (7), 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.(7) 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).(8) In the exercise of its functions under this Constitution, theCommission shall not be subject to the direction or control of any otherperson or authority.(9) Subject to this Constitution and without prejudice to subsection(8), Parliament may provide for the orderly and effective conduct ofthe operations and business of the Commission and of the powers ofthe Commission to appoint staff and establish committees and regulatetheir procedure.(10) 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.(11) 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.41C. The Interim Independent Boundaries Review Commissionshall be responsible for –(a) making recommendations to Parliament on the delimitationof constituencies and local authority electoral units and the optimalnumber of constituencies on the basis of equality of votes taking intoaccount –Functions of theInterim IndependentBoundaries ReviewCommission.10 of 2008, s. 2.(i) density of population, and in particular the need to
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