ADVOKS GLOBAL · KENYA
Science, Technology and Innovation Act
5. Board of the Commission
Edition: 2026-06-16 · In force
5. Board of the Commission
(1)The Commission shall be governed by a Board which consist of nine persons appointed by the Cabinet Secretary as follows—(a)the Chairperson, who shall be an eminent scientist in any of the scheduled sciences set out in the Second Schedule;(b)the Principal Secretary in the Ministry for the time being responsible for research, science and technology;(c)the Principal Secretary in the Ministry for the time being responsible for finance;(d)the Director of the Kenya National Innovation Agency established under section 28;(e)the Director of the National Research Fund established under section 32;(f)three persons, appointed by virtue of their knowledge and experience in science, technology and innovation;(g)one person nominated by the body currently recognised as representing the private section;(h)the Director-General, who shall be an ex officio member and the Secretary to the Board.(2)The members of the Commission, other than ex officio members, shall hold office for a period of three years and shall be eligible for reappointment for one further term.(3)The members of the Commission shall be appointed at different times so that their terms of office expire at different times.(4)In appointing members under this section, the Cabinet Secretary shall have regard to the objectives and need of development of science, technology and innovation and ensure that there are balanced competencies, gender equity, inclusion of persons with disabilities, the marginalised and other minority groups.(5)A member of the Commission, other than an ex officio member, shall vacate office if the member—(a)resigns by notice in writing to the Cabinet Secretary;(b)is unable to perform the functions of the office by reason of prolonged physical or mental incapacity;(c)is adjudged bankrupt by a court of competent jurisdiction; or(d)is convicted of an offence and sentenced to imprisonment for a period of six months or more;(e)is guilty of misconduct; or(f)fails to meet the requirements of Chapter Six of the Constitution.(6)Where the office of a member of the Commission becomes vacant, the Cabinet Secretary may, subject to the provisions of this Act, appoint another person to fill the vacancy for the remainder of the term of such member.(7)Notwithstanding the generality of the foregoing, the Board shall ensure that any member suspected to have committed an offence under Chapters Six or Thirteen of the Constitution, or any other written law, vacates office to pave way for investigations.(8)The chairperson and the members of the Commission under subsection (1)(f) shall be appointed by the Cabinet Secretary only from a list of, in case of the chairperson, three names, and in case of other members, nine names, submitted by a selection panel appointed by the Cabinet Secretary in accordance with subsection (8).(9)The selection panel referred to in subsection (8) shall comprise of a chairperson and six other persons appointed by the Cabinet Secretary as follows:—(a)a representative of the Public Service Commission;(b)a representative of the Attorney-General;(c)a representative of the Principal Secretary of the Ministry for the time being responsible for finance;(d)one person to represent the body currently recognised as representing the interests of the private sector;(e)one person to represent research institutions;(f)one person to represent universities.(10)The selection panel shall regulate its own procedure.(11)The selection panel shall advertise for the vacancies and publicize the applicants and shortlisted candidates in at least two newspapers with a wide national circulation.(12)The selection panel shall stand dissolved after the appointment of the members of the Commission.(13)A person shall be qualified for appointment as a chairperson or member of the Commission, if the person-(a)in the case of the chairperson—(i)holds a doctorate degree from a university recognised in Kenya;(ii)has at least fifteen years' experience in leadership and management of public or private institutions;(b)in the case of a member of the Commission, holds a Master's degree from a university recognised in Kenya.(14)The chairperson or member of the commission shall be a person of high moral character and integrity in accordance with Chapter Six of the Constitution and capable of contribution to science, technology and innovation.(15)All appointments under this section shall be by notice in the Gazette.