Jobs up for grabs as tenures of commissioners draw to a close

Amid the heightened political and ethnical tensions are tens of positions at constitutional commissions and independent offices that will need to be filled within the current term of Parliament.

Article 250(6a) of the Constitution provides that “A member of a commission or holder of an independent office, unless ex-officio, shall be appointed for a single term of six years and is not eligible for re-appointment.”

The six-year limit does not apply to the Auditor General, Controller of Budget and the Director of Public Prosecutions, who are appointed on eight-year non-renewable terms.

PARLIAMENT

It therefore means that the majority of office holders in the Chapter Fifteen commissions and independent offices appointed during the Coalition Government by former President Mwai Kibaki and Prime Minister Raila are set to exit within the current term of Parliament.

With the terms of most commissioners expiring within the next three years, thousands who lost in the August 8 elections could be in line for the lucrative jobs. 

Law Society of Kenya (LSK) president Isaac Okero says the expiry of the pioneer commissioners’ terms should offer a period for “critical appraisal of the performance of each commission and office against the requirements of Article 249(1) and (2).”

As fresh terms are contemplated, the stage will be compounded by the clearly demonstrated control the executive has on the current legislature,” said Mr Okero.

Meanwhile, in a Gazette notice dated August 4, President Kenyatta controversially extended by a year the three-year-term of the Francis Kaparo-led National Cohesion and Integration Commission (NCIC) without going through Parliament, as is the procedure.

SRC

Other NCIC commissioners are Irene Wanyoike, Adan Abdi Mohammed, Dr Roba Sharamo, Dr Joseph Nasongo, Morris Dzoro, and Prof Gitile Naituli.

The end of terms of constitutional commissioners and independent office holders will, however, be more visible among public finance institutions, such as the Salaries and Remuneration Commission (SRC), chaired by Ms Sarah Serem.

The current commissioners’ terms end in January 2018. SRC performs two core mandates of setting and reviewing the remuneration and benefits of all State officers. It also advises the national and county governments on the remuneration of all other public officers.

About 20 months later, the terms of Auditor General Edward Ouko and Controller of Budget Agnes Odhiambo will end.

Both were appointed into office in August 2011 for a non-renewable eight-year term.

Mr Ouko’s exit will be a relief to the current administration, which has tried all ways to oust him because of his bold audit reports that often expose wastage and corruption in government.

TOBIKO

The Director of Public Prosecutions (DPP), Mr Keriako Tobiko, will be exiting in June 2019, having served his non-renewable term of eight years. The DPP’s office was delinked from the Attorney General’s office following promulgation of the Constitution.

Other offices affected include those of the National Police Service Commission (NPSC), the Kenya National Commission on Human Rights (KNHCR) and National Land Commission (NLC).

The term of NPSC commissioners, led by Mr Johnston Kavuludi, ends in October 2018. Their counterparts at KNHCR will have served their maximum six years by May 2020, while NLC, which is chaired by Dr Swazuri Muhammad, was appointed in February 2013. Its six-year term will end by February 2019.

Meanwhile, National Gender and Equality commissioners were appointed at different times.

Their terms will follow the respective appointment time-frame unless one resigns, is removed from office or dies.

Chairperson Winfred Lichuma and Simon Ndubai were appointed in May 2012 and will serve until May 2018, commissioner Gumato Ukur Yatani joined NGEC in April 2013 while commissioner Florence Wachira was appointed in March 2014.