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SPECIAL ISSUE
Kenya Gazette Supplement No.87 (National Assembly Bills No. 33)
REPUBLIC OF KENYA
KENYA GAZETTE SUPPLEMENT NATIONAL ASSEMBLY B]LLS, 2OI5 NAIROBI, 19th June, 2015
CONTENT
Bill for Introduction into the National AssemblyPecB The Ethics and Anti-Comrption Commission (Amendment)
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THE ETHICS AND ANTI.CORRUPTION C0MMISSION (AMENDMENT) BrLL, 20ls A Bill for
AN Act of Parliament to amcnd the Ethics and AntiCorruption Commission Act, 2015 ENACTED By the Parliament of Kenya,
l.
as
follows-
This Act may be cited as the Ethics and Anti-
Short-title.
Comrption Commission (Amendment) Act, 2015.
2.
The Ethics and Anti-Comrption Commission Act, 2011, in this Act referred to as "the principal Act", is amended in section 4 by deleting the word "two" and substituting therefor the word "four".
3.
The principal Act is amended in section 7 by deleting the expression "full-time" appearing in subsection
Amendment of wtion 4 of No. 22
of 201
l.
Amendment of section 7 of No.22
of 201
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(2) and substituting therefor the expression "part-time".
4.
The principal Act is amended by repealing section l0 and replacing it with the following new section-
FillingofVacancy. 10. (l) Where a vacancy arises in the membership of the Commission, the President shall, within twenty-one days following the @currence of the event giving rise to the vacancy, constitute a selection panel for purposes of filling the vacancy.
(2\ The selection panel constituted under subsection (l) shall, following the procedure set out in iection 6, shortlist-three qualified applicants for each vacancy and forward the names of the applicants so qualified to the President for appointment in accordance with that section.
Repeal and replacement of section l0 ofNo.22
of 201
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2128
Ethics and Anti-Corruption Commission (Amendment) Bill,2015
MEMORANDUM OF OBJECTS AND REASONS The Bill seeks to amend'the Ethibs and Anti-Comrption Commission to increase the number of Commissioners from three to five. The Bill also seeks to provide for the Chairperson and the, members of the Commission to serve on a part-time basis. '- j ^ I i ; * .''' .i:;;,, ' :';,.J ' ' The Bill further seeks,.to provide. for,the,appointment of the Chairperson and members of the Commission when a vacancy arises in the Cbmmission. The amendment is to provide for the p'eriod within which a vacanqy shall be filled. ,
The Bill does not delegate legislative powers nor fundamental rights and freedoms. The Bill does not'coficern'county lovernments in terihs of Article 109(3) of theConstitution and it does not affect the functions dndlioWers of county governments recognized'in :the' Fdurth Schedule' bfi"the Constitution. The enactment of this Bilt. shBll not'occasion'additional experdituie'of public funds. Dated the I 9th'Junel'20l5.
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:-
i:-
SAMUEL CHEPKONG'A,
The Ethics and Anti-Corruption Commission (Amendment)
Section 4 of No. 22 of 201
I
Bill, 2015 2129
which it is proposed to amend-
4. Composition and appointment of the Commission.
The Commission shall consist of a chairperson and two other members appointed in accordance with the provisions of the Constitution and this Act. Section 7 of No. 22 of 201
I
which it is proposed to amend-
7. Term of Officer
(1) The appointed for appointment.
chairperson and members of the Commission shall be a single term of six years and are not eligible for re-
(2) The chairperson and members of the Commission shall serve on a full time basis. Section 10 of No. 22 of 201I which it is proposed to repeal and replace10.
Filling of Vacancy
(1) Where a vacancy occurs in the membership of the Commission, the President shall appoint a replacement in accordance with the procedure provided for under this Act.
(2)
A
member appointed under subsection
Commission for a single term of six years.
(1) shall
serve the
