Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
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Rev. 2009]<strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong> 31(5) Subject to this section, the <strong>of</strong>fice <strong>of</strong> a member <strong>of</strong> theCommission shall become vacant if circumstances arise that, if he werenot a member <strong>of</strong> the Commission, would cause him to be disqualifiedfor appointment as such.(6) Subject to subsection (7), a member <strong>of</strong> the Commission maybe removed from <strong>of</strong>fice only for inability to exercise the functions <strong>of</strong>his <strong>of</strong>fice (whether arising from infirmity <strong>of</strong> body or mind or from anyother cause) or for misbehaviour, and shall not be so removed exceptin accordance with this section.(7) A member <strong>of</strong> the Commission shall be removed from <strong>of</strong>fice ifthe National Assembly so resolves, by resolution supported by a majorityfor its members (excluding the ex- <strong>of</strong>ficio members).(8) In the exercise <strong>of</strong> its functions under this <strong>Constitution</strong>, theCommission shall not be subject to the direction or control <strong>of</strong> any otherperson or authority.(9) Subject to this <strong>Constitution</strong> and without prejudice to subsection(8), Parliament may provide for the orderly and effective conduct <strong>of</strong>the operations and business <strong>of</strong> the Commission and <strong>of</strong> the powers <strong>of</strong>the Commission to appoint staff and establish committees and regulatetheir procedure.(10) The Commission may, subject to its rules <strong>of</strong> procedure,act notwithstanding a vacancy in its membership or the absence <strong>of</strong> amember, and its proceedings shall not be invalidated by the presenceor participation <strong>of</strong> a person not entitled to be present or to participatein those proceedings:Provided that any decision <strong>of</strong> the Commission shall require theconcurrence <strong>of</strong> a majority <strong>of</strong> all its members.(11) The Commission shall stand dissolved twenty four monthsafter the commencement <strong>of</strong> this section or three months after thepromulgation <strong>of</strong> a new <strong>Constitution</strong>, whichever is the earlier.41C. The Interim Independent Boundaries Review Commissionshall be responsible for –(a) making recommendations to Parliament on the delimitation<strong>of</strong> constituencies and local authority electoral units and the optimalnumber <strong>of</strong> constituencies on the basis <strong>of</strong> equality <strong>of</strong> votes taking intoaccount –Functions <strong>of</strong> theInterim IndependentBoundaries ReviewCommission.10 <strong>of</strong> 2008, s. 2.(i) density <strong>of</strong> population, and in particular the need to