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10
Data Protection
No.
2019
(b) shortlist qualified applicants;
(c) publish and publicise the names of the applicants
and the shortlisted applicants;
(d) conduct interviews of the shortlisted persons in an
open and transparent process;
(e) nominate three qualified applicants in the order of
merit for the position of Data Commissioner; and
(f) submit the names of the persons nominated under
paragraph (e) to the President.
(4) The President shall nominate and, with approval of
the National Assembly, appoint the Data Commissioner.
7. (1) A person shall be qualified for appointment as
the Data Commissioner if that person—
Qualifications of
Data
Commissioner.
(a) holds a degree from a university recognized in
Kenya in—
(i)
data science;
(ii) law;
(iii) information technology; or
(iv) any other related field;
(b) has knowledge and relevant experience of not less
than ten years;
(c) meets the requirements of Chapter Six of the
Constitution; and
(d) holds a master’s degree.
(2) The Data Commissioner shall be appointed for a
single term of six years and shall not be eligible for a reappointment.
8. (1) The Office shall—
(a) oversee the implementation of and be responsible
for the enforcement of this Act;
(b) establish and maintain a register of data controllers
and data processors;
(c) exercise oversight on data processing operations,
either of own motion or at the request of a data
Functions of the
Office.