Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports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> 87(2) The members <strong>of</strong> the Commission shall be appointed by thePresident.7 <strong>of</strong> 1984, s. 4,4 <strong>of</strong> 1988, s. 6,17 <strong>of</strong> 1990, s. 5.(3) Subject to subsection (4), a person shall not be qualified to beappointed as a member <strong>of</strong> the Commission if -(a) he is, or has at any time been, a member <strong>of</strong> the NationalAssembly, or he has at any time been a member <strong>of</strong> eitherHouse <strong>of</strong> the National Assembly formerly established for<strong>Kenya</strong>, a member <strong>of</strong> a Provincial Council or a RegionalAssembly formerly established for <strong>Kenya</strong> or a member (otherthan an ex <strong>of</strong>ficio, an appointed or a nominated member) <strong>of</strong>any Legislative Council established for <strong>Kenya</strong> at any timebefore 12 th December, 1963; or(b) he is, or has at any time been, nominated as a candidate forelection as a member <strong>of</strong> the National Assembly, or <strong>of</strong> a formerHouse <strong>of</strong> the National Assembly, or <strong>of</strong> a former ProvincialCouncil, Regional Assembly or Legislative Council; or(c) he is, or has at any time been, the holder <strong>of</strong> an <strong>of</strong>fice in anypolitical organization that sponsors or otherwise supports, orhas at any time sponsored or otherwise supported, a candidatefor election as a member <strong>of</strong> the National Assembly or <strong>of</strong>any such former House <strong>of</strong> the National Assembly, formerProvincial Council, Regional Assembly or LegislativeCouncil.(4) The disqualifications referred to in subsection (3) shall ceaseto be disqualifications in respect <strong>of</strong> a person when Parliament has beendissolved on two occasions after that person ceased to be such a member,candidate or holder <strong>of</strong> <strong>of</strong>fice.(5) Subject to subsection (7), the <strong>of</strong>fice <strong>of</strong> a member <strong>of</strong> theCommission shall become vacant -(a) at the expiration <strong>of</strong> three years from the date <strong>of</strong> hisappointment; or(b) if he accepts any <strong>of</strong>fice the holding <strong>of</strong> which, if he were nota member <strong>of</strong> the Commission, would make him ineligible forappointment to the <strong>of</strong>fice <strong>of</strong> member <strong>of</strong> the Commission.(6) The President may remove a member <strong>of</strong> the Commission from<strong>of</strong>fice only for failure to discharge the functions <strong>of</strong> his <strong>of</strong>fice (whetherarising from infirmity <strong>of</strong> body or mind or from any other cause) or for