ADVOKS GLOBAL · KENYA
National Police Service Commission Act
6. Appointment of the chairperson and members
Edition: 2025-11-04 · In force
6. Appointment of the chairperson and members
(1)The President shall, within fourteen days after the commencement of this Act, constitute a selection panel comprising one person from each of the following bodies respectively—(a)the Office of the President;(b)the Office of the Prime Minister;(c)the Judicial Service Commission;(d)the Commission for the time being responsible for matters relating to anti-corruption;(e)the Kenya National Commission on Human Rights;(f)the Commission for the time being responsible for matters relating to gender; and(g)the Association of Professional Societies in East Africa.(2)The Public Service Commission shall—(a)convene the first meeting of the selection panel, at which the members of the selection panel shall elect a chairperson from among their number, and(b)provide the selection panel with such facilities and other support as it may require for the discharge of its functions.(3)The selection panel shall, within seven days of its convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for nomination and appointment for the position of the chairperson and members of the Commission under Article 246(2) (a) of the Constitution and this Act.(4)The selection panel shall—(a)consider the applications received under subsection (3) to determine their compliance with the provisions of the Constitution and this Act;(b)short list the applicants;(c)publish the names of the shortlisted applicants and the qualified applicants in at least two daily newspapers of national circulation; and(d)conduct public interviews of the shortlisted persons;(e)shortlist three qualified applicants for the position of chairperson;(f)shortlist eight qualified applicants for the position of the members of the Commission; and(g)forward the names of the qualified persons under paragraph (e) and (f) to the President(5)The President shall, if he approves, within fourteen days of receipt of the names of successful applicants forwarded under subsection (4)(g), select the chairperson and members of the Commission and forward the names of the persons so selected to the National Assembly for approval.(6)The National Assembly shall, within twenty-one days of the day it next sits after receipt of the names of the applicants under subsection (5), vet and consider all the applicants, and may approve or reject any or all of them.(7)Where the National Assembly approves of the applicants, the Speaker of the National Assembly shall forward the names of the approved applicants to the President for appointment.(8)The President shall, within seven days of receipt of the approved applicants from the National Assembly, by notice in the Gazette, appoint the chairperson and members approved by the National Assembly.(9)Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit fresh nominations.(10)Where a nominee is rejected by the National Assembly under subsection (9), the President shall within seven days, submit to the National Assembly a fresh nomination from amongst the persons shortlisted and forwarded by the selection panel under subsection (5).(11)If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under subsection (10), the provisions of subsections (1) to (6) shall apply.(12)In shortlisting, nominating or appointing persons as chairperson and members of the Commission, the selection panel, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender.(13)The selection panel may, subject to this section, determine its own procedure.(14)After the first general elections under the Constitution, the member of the selection panel under subsection (1)(b) shall be replaced by a representative of the Public Service Commission.(15)The selection panel shall stand dissolved upon the appointment of the chairperson and members under subsection (9).(16)Where the provisions of subsection (11) apply, the selection panel shall continue to exist but shall stand dissolved upon the requisite appointments being made under subsection (12).