National cohesion and integration commission act

Nothing contained in this Part shall render unlawful any act done—

in affording persons of a particular ethnic group access to facilities or services to meet the special needs of persons of that group in regard to their education, training or welfare, or any ancillary benefits;

by a person on grounds other than race or ethnic or national origins for the benefit of persons who are not Kenyan in affording them access to facilities for education or training or any ancillary benefits, where it appears to him that the persons in question do not intend to remain in Kenya after the period of education and training there.

Nothing in this Part shall render unlawful any act done in relation to particular work by any person in or in connection with—

affording only persons of a particular racial group access to facilities for training which would help to equip them for that work; or

encouraging only persons of a particular ethnic group to take advantage of opportunities for doing that work, where it reasonably appears to that person that any time within the twelve months immediately preceding the doing of the act—

there were no persons of that group among those doing that work in Kenya; or

the proportion of persons of that group among those doing that work in Kenya was small in comparison with the proportion of persons of that group among the population of Kenya.

Where in relation to particular work it reasonably appears to any person that although the condition for the operation of subsection (2) is not met for the whole of Kenya it is met for an area within Kenya, nothing in this Part shall render unlawful any act done by that person in or in connection with—

affording persons who are of the ethnic group in question, and who appear likely to take up that work in that area, access to facilities for training which could help to fit them for that work; or

encouraging persons of that group to take advantage of opportunities in the area for doing that work.

Subsections (2) and (3) shall not apply to any discrimination which is rendered unlawful by Part II.

There is established a Commission to be known as the National Cohesion and Integration Commission.

The Commission shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—

suing and being sued;

purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;

borrowing or lending money; and

doing or performing all other things or acts for the furtherance of the provisions of this Act which may lawfully be done or performed by a body corporate.

The headquarters of the Commission shall be in Nairobi, but the Commission may establish branches at any place in Kenya.

Subject to the provisions of any other written law as to the meetings of the Commission, the Commission may hold its sittings at any place in Kenya.

The Commission shall consist of—

a chairperson nominated by the President and approved by the National Assembly in accordance with the First Schedule; and

seven commissioners nominated by the President and approved by the National Assembly in accordance with the First Schedule.

The commissioners shall, at their first meeting, elect a vice-chairperson from amongst the commissioners appointed under subsection (1) (b).

The chairperson and vice-chairperson of the Commission shall not be of the same gender.

In appointing members to the Commission, the principles of gender equity, ethnic and regional representation shall apply.

The chairperson shall—

preside over the meetings of the Commission; and

be the spokesperson of the Commission.

If the office of the chairperson becomes vacant or if the chairperson is unable to exercise the powers or perform the functions of his or her office owing to absence, illness or any other cause, the vice-chairperson shall exercise those powers or perform those functions until a substantive chairperson is appointed.

A person qualifies for appointment as a commissioner if the person—

is a citizen of Kenya;

has knowledge and at least ten years experience in the case of the chairperson, and at least two years experience in the case of a commissioner, in matters relating to race, ethnic and human relations, public affairs and human rights, peace and security;

holds a degree from a university recognised in Kenya; and

meets the requirements of Chapter Six of the Constitution.

A person shall not be eligible for appointment as the chairperson or a member if such person—

is a State Officer;

is a member of the governing body of or is actively involved in the affairs of a political party;

has promoted sectoral, ethnic, racial or religious animosity or openly advocated for partisan ethnic positions or interests;

is an undischarged bankrupt;

has served as a Member of the Commission;

has been removed from office for contravening the provisions of the Constitution or any other law; or

has not met his or her legal obligations relating to tax and other statutory obligations.

The chairperson and members of the Commission shall be appointed for a single term of six years and are not eligible for re-appointment.

There shall be a Secretary to the Commission who shall be appointed by the Commission upon such terms and conditions as the Commission may determine.

Subject to the general control of the Commission, the Secretary shall—

be responsible for the administration and day-to-day management of the affairs of the Commission and of the control of the other staff of the Commission; and

perform such other functions as may be assigned by the Commission.

The Chairperson, the commissioners and the Secretary shall each make and subscribe before the Chief Justice the oath or affirmation set out in the Second Schedule.

The office of the Chairperson or a commissioner shall become vacant if the holder—

resigns from office by writing under his hand addressed to the President;

is removed from office in accordance with the provisions of section 23;

is convicted of an offence and sentenced to imprisonment for a term of three months or more without the option of a fine;

is unable to discharge the functions of his office by reason of physical or mental infirmity;

is absent from three consecutive meetings of the Commission without good cause; or

is declared bankrupt.

The President shall notify every vacancy in the Gazette within seven days of the occurrence of the vacancy.

The Chairperson or a commissioner may be removed from office by the President—

for misbehaviour or misconduct; or

if convicted of an offence involving moral turpitude,

but shall not be removed except in accordance with this section.

A person who wishes to have a commissioner removed from office may apply for removal of the commissioner to the President through the Cabinet Secretary, and such application shall be copied to the Chairperson.

Where the subject of an application for removal from office under subsection (2) is the Chairperson, the application shall be made to the Cabinet Secretary and copied to the vice-chairperson.

The Cabinet Secretary shall, within seven days of receipt of an application under subsection (2), forward the application to the relevant Parliamentary Committee, and the Committee shall inquire into the matter and report on the facts to the President through the Cabinet Secretary, giving its recommendations as to whether or not the Chairperson or the commissioner ought to be removed from office, and the Cabinet Secretary shall communicate the recommendations of the Committee to the President.

Where the question of removing the Chairperson or a commissioner has been referred to the relevant Parliamentary Committee under subsection (4), the President may suspend the Chairperson or the commissioner concerned, and the suspension may at any time be lifted by the President and shall, in any case, cease to have effect if the Parliamentary Committee recommends that the Chairperson or the commissioner, as the case may be, should be removed.

A commissioner shall be removed from office if two thirds of the members of the National Assembly vote to remove the member, on the recommendation of the Parliamentary Committee.

Where a vacancy occurs in the Commission as a result of death, disability, resignation or removal of a commissioner, the President shall appoint a replacement from among the short listed persons considered by the National Assembly in accordance with the First Schedule.

A person who is appointed in place of a commissioner whose office has become vacant under this section shall hold office for the remainder of the term of office of that commissioner.

The object and purpose for which the Commission is established is to facilitate and promote equality of opportunity, good relations, harmony and peaceful co-existence between persons of the different ethnic and racial communities of Kenya, and to advise the Government on all aspects thereof.

Without prejudice to the generality of subsection (1), the Commission shall—

promote the elimination of all forms of discrimination on the basis of ethnicity or race;

discourage persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices on the ground of ethnicity or race;

promote tolerance, understanding and acceptance of diversity in all aspects of national life and encourage full participation by all ethnic communities in the social, economic, cultural and political life of other communities;

plan, supervise, co-ordinate and promote educational and training programmes to create public awareness, support and advancement of peace and harmony among ethnic communities and racial groups;

promote respect for religious, cultural, linguistic and other forms of diversity in a plural society;

promote equal access and enjoyment by persons of all ethnic communities and racial groups to public or other services and facilities provided by the Government;

promote arbitration, conciliation, mediation and similar forms of dispute resolution mechanisms in order to secure and enhance ethnic and racial harmony and peace;

investigate complaints of ethnic or racial discrimination and make recommendations to the Attorney-General, the Human Rights Commission or any other relevant authority on the remedial measures to be taken where such complaints are valid;

investigate on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations;

identify and analyze factors inhibiting the attainment of harmonious relations between ethnic communities, particularly barriers to the participation of any ethnic community in social, economic, commercial, financial, cultural and political endeavours, and recommend to the Government and any other relevant public or private body how these factors should be overcome;

determine strategic priorities in all the socio-economic political and development policies of the Government impacting on ethnic relations and advise on their implementation;

recommend to the Government criteria for deciding whether any public office or officer has committed acts of discrimination on the ground of ethnicity or race;

monitor and review all legislation and all administrative acts relating to or having implications for ethnic or race relations and equal opportunities and, from time to time, prepare and submit to the Government proposals for revision of such legislation and administrative acts;

initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;

monitor and make recommendations to the Government and other relevant public and private sector bodies on factors inhibiting the development of harmonious relations between ethnic groups and on barriers to the participation of all ethnic groups in the social, economic, commercial, financial, cultural and political life of the people;

undertake research and studies and make recommendations to the Government on any issue relating to ethnic affairs including whether ethnic relations are improving;

make recommendations on penalties to be imposed on any person for any breach of the provisions of the Constitution or of any law dealing with ethnicity;

monitor and report to the National Assembly the status and success of implementation of its recommendations;

issue notices directing persons or institutions involved in actions or conduct amounting to violations of human rights on the basis of ethnicity or race to stop such actions or conduct within a given period; and

do all other acts and things as may be necessary to facilitate the efficient discharge of its functions.