Constitution of Kenya, 2010
153
(9) A member of a commission, or the holder of an independent
office, is not liable for anything done in good faith in the performance
of a function of office.
(10) The members of a commission shall elect a vice-chairperson
from among themselves—
(a) at the first sitting of the commission; and
(b) whenever it is necessary to fill a vacancy in the office of
the vice-chairperson.
(11) The chairperson and vice-chairperson of a commission shall
not be of the same gender.
be—
(12) There shall be a Secretary to each commission who shall
(a) appointed by the commission; and
(b) the chief executive officer of the commission.
251. (1) A member of a commission (other than an ex officio Removal from office.
member), or the holder of an independent office, may be removed from
office only for—
(a) serious violation of this Constitution or any other law,
including a contravention of Chapter Six;
(b) gross misconduct, whether in the performance of the
member’s or office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of
office;
(d) incompetence; or
(e) bankruptcy.
(2) A person desiring the removal of a member of a commission
or of a holder of an independent office on any ground specified in
clause (1) may present a petition to the National Assembly setting out
the alleged facts constituting that ground.
(3) The National Assembly shall consider the petition and, if it
is satisfied that it discloses a ground under clause (1), shall send the