[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
(6) 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.
(7) 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 in at least two daily newspapers of national circulation,
within seven days from the expiry of the deadline of receipt of applications under
subsection (5).
(8) The selection panel shall interview the shortlisted applicants within fourteen
days from the date of publication of the list of short listed applicants under
subsection (7).
(9) After carrying out the interviews, the selection panel shall select three
persons qualified to be appointed as members of the Tribunal, for each vacant
position, and forward the names to the Cabinet Secretary.
(10) The Cabinet Secretary, shall, within seven days of receipt of the names,
by notice in the Gazette, appoint a member or members to the Tribunal.
(11) Upon receipt of the notice of rejection under subsection (11), the selection
panel shall submit fresh nominations and the procedure set out under this section
shall, with necessary modifications, apply.
(12) Despite the foregoing provisions of this section, the Cabinet Secretary
may, by notice in the Gazette, extend the period specified in respect of any matter
under this section by a period not exceeding fourteen days.
(13) In selecting, nominating, approving or appointing the members of the
Tribunal, the selection panel and the Cabinet Secretary shall—
(a) ensure that the nominees to the Tribunal reflect the interests of all
sections of the society;
(b) ensure equal opportunities for persons with disabilities and other
marginalized groups; and
(c) ensure that not more than two-thirds of the members shall be of the
same gender.
(14) The selection panel shall stand dissolved upon the appointment of the
members of the Tribunal.
(15) The members of the Tribunal shall hold office for a period of three years, but
shall be eligible for reappointment for one further term for a period not exceeding
three years.
(16) The office of a member of the Tribunal shall become vacant—
(a) at the expiration of three years from the date of appointment;
(b) if the member accepts any office the holding of which, if he or she
were not a member of the Tribunal, would make him or her ineligible,
for appointment to the office of a member of the Tribunal;
(c) if he or she is removed from the membership of the Tribunal by the
Cabinet Secretary on the recommendation of a tribunal set up for that
purpose under subsection (17); and
(d) if he or she resigns the office of member of the Tribunal.
(17) A person desiring the removal of a member of the Tribunal on the ground
specified in subsection (16)(c) may present a complaint under oath to the Cabinet
Secretary setting out the alleged facts constituting that ground.
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