(d) Institute of Engineers of Kenya;
(e) Public Relations Society of Kenya;
(f) Kenya National Union of Teachers;
(g) Consumers Federation of Kenya; and
(h) the Ministry responsible for matters relating to media.
(3) At their first meeting, the panel shall appoint a chairperson and a vice-chairperson who shall be of
opposite gender.
(4) An application in respect of a vacancy declared under subsection (1) shall be forwarded to the
selection panel within seven days of the publication of the notice, and may be made by—
(a) any qualified person; or
(b) any person, organisation or group of persons proposing the nomination of any qualified person.
(5) The selection panel shall, subject to this section, determine its own procedure and the Cabinet
Secretary shall provide it with such facilities and other support as it may require for the discharge of
its functions under this section.
(6) The selection panel shall consider the applications, shortlist and publish the names and
qualifications of all the applicants and those shortlisted by the panel in the Gazette and on the
official website of the Ministry, within seven days from the expiry of the deadline of receipt of
applications under subsection (4).
(7) The selection panel shall interview the shortlisted applicants within fourteen days from the date
of publication of the list of shortlisted applicants under subsection (6).
(8) Upon carrying out the interviews, the selection panel shall select—
(a) three persons qualified to be appointed as chairperson; and
(b) two persons, in relation to each vacancy, qualified to be appointed as members of the Board,
and shall forward the names to the President or the Cabinet Secretary, as the case may be.
(9) The President or the Cabinet Secretary shall, within fourteen days of receipt of the names under
subsection (8), appoint the chairperson and the members, respectively.
(10) In selecting, shortlisting and appointing the chairperson and members of the Board, the
President and the Cabinet Secretary shall—
(a) ensure that the appointees to the Board reflect the interests of all sections of society;
(b) ensure equal _opportunities for persons with disabilities and other marginalised groups; and
(c) ensure that not more than two-thirds of the members are of the same gender.
(11) Every appointment made under this section shall be published in the Kenya Gazette.
47. It is the applicant’s case that the membership of the selection panel save for the
1st interested party was never disclosed despite the 1st respondent being constitutionally
obligated to ensure its actions complied with Article 10 of the Constitution with respect to
good governance and transparency.
48. Article 35 of the Constitution of Kenya provides: