Public Appointments (Parliamentary Approval) Act

LAWS OF KENYA
THE PUBLIC APPOINTMENTS (PARLIAMENTARY APPROVAL) ACT
CAP. 7F
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Public Appointments (Parliamentary Approval) Act
Cap. 7F
Legislation as at 31 December 2022
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Public Appointments (Parliamentary Approval) Act (Cap. 7F)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Exercise of powers of appointment ......................................................................................................................................................... 1
4. Notification of vetting requirements ....................................................................................................................................................... 1
5. Notification of nomination .......................................................................................................................................................................... 1
6.

................................................................................................................................................. 1
6.

Approval hearing ............................................................................................................................................................................................. 2
7. Issues for consideration ................................................................................................................................................................................ 2
8. Period for consideration and report ........................................................................................................................................................ 2
9. Failure of Parliament to act on nomination ......................................................................................................................................... 3
10. Rejection of nomination ............................................................................................................................................................................ 3
11.

................................................................................................................................................ 3
11.

Notification of decision .............................................................................................................................................................................. 3
12. Powers of the committee .......................................................................................................................................................................... 3
13. Extension of time ......................................................................................................................................................................................... 3
SCHEDULE [s. 6(8)] .............................................................................................................................................................................................. 4

.................................................................................................................................................... 4

Public Appointments (Parliamentary Approval) Act (Cap. 7F) Kenya
PUBLIC APPOINTMENTS (PARLIAMENTARY APPROVAL) ACT
CAP. 7F
Published in Kenya Gazette Vol. CXIII—No. 112 on 18 November 2011
Assented to on 11 November 2011
Commenced on 14 November 2011
[Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of the Parliament to provide for procedures for parliamentary approval of constitutional and
statutory appointments and for connected purposes
1. Short title
This Act may be cited as the Public Appointments (Parliamentary Approval) Act. 2.

and
statutory appointments and for connected purposes
1. Short title
This Act may be cited as the Public Appointments (Parliamentary Approval) Act. 2.

Interpretation
In this Act, unless the context otherwise requires—
"appointment" includes any re-appointment to the same body, whether or not in the same capacity;
"appointing authority" means any person who, under the Constitution or any other law, is required to
make an appointment for which the approval of Parliament is required;
"candidate" means a person who has been proposed or nominated for appointment to a public office;
"Clerk" means the Clerk of the relevant House of Parliament; and
"Committee" means the relevant committee of Parliament or such other Committee as the Speaker may,
for good reasons, direct. 3. Exercise of powers of appointment
An appointment under the Constitution or any other law for which the approval of Parliament is required
shall not be made unless the appointment is approved or deemed to have been approved by Parliament in
accordance with this Act. 4. Notification of vetting requirements
Any advertisement inviting applications for nomination for appointment to an office to which this Act
applies shall indicate that candidates so nominated shall be required to appear before a committee of
Parliament for vetting. 5.

ice to which this Act
applies shall indicate that candidates so nominated shall be required to appear before a committee of
Parliament for vetting. 5.

Notification of nomination
(1) An appointing authority shall, upon nominating a person for an appointment to which this Act
applies, notify the relevant House of Parliament accordingly. (2) A notification under subsection (1) shall be —
(a) in writing;
(b) be lodged with the Clerk of the relevant House of Parliament. 1

nt accordingly. (2) A notification under subsection (1) shall be —
(a) in writing;
(b) be lodged with the Clerk of the relevant House of Parliament. 1

Public Appointments (Parliamentary Approval) Act (Cap. 7F) Kenya
(3) A notification of appointment shall be accompanied by information concerning the nominee,
having regard to the issues mentioned in section 7. (4) For purposes of this Act, a notification of nomination shall be deemed to be duly given on the day
on which it complies fully with subsections (2) and (3). 6. Approval hearing
(1) Upon receipt of a notification of appointment, the Clerk shall invite the Committee to hold an
approval hearing. (2) The Committee shall determine the time and place for the holding of the approval hearing and shall
inform the Clerk. (3) The Clerk shall notify a candidate of the time and place for the holding of an approval hearing. (4) The Committee shall notify the public of the time and place for holding an approval hearing at least
seven days prior to the hearing. (5) Subject to this Act, all Committee proceedings on public appointments shall be open and
transparent. (6) Despite subsection (5), a Committee may, on its own motion or on the application of a candidate or
any other concerned person, determine that the whole or part of its sittings shall be held in camera.

n motion or on the application of a candidate or
any other concerned person, determine that the whole or part of its sittings shall be held in camera.

(7) An approval hearing shall focus on a candidate’s academic credentials, professional training and
experience, personal integrity and background. (8) The criteria specified in the Schedule shall be used by a Committee during an approval hearing for
the purposes of vetting a candidate. (9) Any person may, prior to the approval hearing, and by written statement on oath, provide the Clerk
with evidence contesting the suitability of a candidate to hold the office to which the candidate has
been nominated. (10) A candidate may, at any time, by notice in writing addressed to the Clerk, withdraw from the
approval process and the candidate’s nomination shall thereupon lapse. 7. Issues for consideration
The issues for consideration by the relevant House of Parliament in relation to any nomination shall be—
(a) the procedure used to arrive at the nominee;
(b) any constitutional or statutory requirements relating to the office in question; and
(c) the suitability of the nominee for the appointment proposed having regard to whether the
nominee’s abilities, experience and qualities meet the needs of the body to which nomination is
being made. 8.

t proposed having regard to whether the
nominee’s abilities, experience and qualities meet the needs of the body to which nomination is
being made. 8.

Period for consideration and report
(1) Unless otherwise provided in any law, a Committee shall consider a nomination and table its report
in the relevant House for debate and decision within twenty-eight days from the date on which the
notification of nomination was given in accordance with section 5. (2) At the conclusion of an approval hearing, the Committee shall prepare its report on the suitability
of the candidate to be appointed to the office to which the candidate has been nominated, and shall
include in the report, such recommendations as the Committee may consider necessary. [Act No. 20 of 2020, Sch.]
2

didate has been nominated, and shall
include in the report, such recommendations as the Committee may consider necessary. [Act No. 20 of 2020, Sch.]
2

Public Appointments (Parliamentary Approval) Act (Cap. 7F) Kenya
9. Failure of Parliament to act on nomination
If, after expiry of the period for consideration specified in section 8, Parliament has neither approved nor
rejected a nomination of a candidate, the candidate shall be deemed to have been approved. 10. Rejection of nomination
Where the nomination of a candidate is rejected by Parliament, the appointing authority may submit to
the relevant House the name of another candidate, and the procedure for approval specified in this Act
shall apply accordingly. 11. Notification of decision
The Clerk shall notify the appointing authority of the decision of the relevant House of Parliament within
seven days of the decision. 12. Powers of the committee
(1) The committee shall have power to summon any person to appear before it for the purpose of giving
evidence or providing information during approval hearing.

mmittee shall have power to summon any person to appear before it for the purpose of giving
evidence or providing information during approval hearing.

(2) For purposes of subsection (1), the committee shall have the same powers as the High Court to—
(a) enforce the attendance of witnesses and examine them on oath, affirmation or otherwise;
(b) compel the production of documents; and
(c) issue a commission or request to examine witnesses abroad. (3) Any person who—
(a) disobeys any order made by a committee for attendance or for production of papers, books,
documents or records; or
(b) refuses to be examined before, or to answer any lawful and relevant question put by, a
committee,
commits an offence and shall be liable, on conviction, to a fine not exceeding two hundred thousand
shillings or to imprisonment for a term not exceeding one year, or to both. 13. Extension of time
(1) Despite the provisions of this Act or any other written law, where a time is prescribed for doing an
act or taking a proceeding by the National Assembly relating to a public appointment, the National
Assembly may, by resolution, extend that time by a period not exceeding fourteen days. (2) Where an extension of time is granted under subsection (1), the doing of all other acts
consequential thereto shall be deemed to have been extended accordingly.

xtension of time is granted under subsection (1), the doing of all other acts
consequential thereto shall be deemed to have been extended accordingly.

(3) The power of the National Assembly contemplated under subsection (1), may be exercised —
(a) only once in a session of the National Assembly in respect of a particular matter; and
(b) only in exceptional circumstances to be certified by the Speaker. [Act No. 18 of 2014, Sch.]
3

nal Assembly in respect of a particular matter; and
(b) only in exceptional circumstances to be certified by the Speaker. [Act No. 18 of 2014, Sch.]
3

Public Appointments (Parliamentary Approval) Act (Cap. 7F) Kenya
SCHEDULE [s. 6(8)]
CRITERIA FOR VETTING/APPROVAL OF NOMINEES FOR
APPOINTMENT TO PUBLIC OFFICE BY PARLIAMENT
QUESTIONNAIRE
____________________________________________________________
Notes:
(a) This questionnaire applies to appointments to public office arising by or under the Constitution or any
other law where parliamentary approval is required. (b) The questionnaire shall be used by the relevant parliamentary committee to vet a nominee appearing
before the committee in the process of parliamentary approval. (c) The questionnaire shall be filled and submitted by the nominee to the relevant parliamentary committee
through the Clerk of the relevant House of Parliament on or before a date set by the committee. (d) The submission of false information in the questionnaire is an offence and may result in prosecution. (e) Any form of canvassing by a nominee shall lead to disqualification. (f) The nominee must answer all the questions. ___________________________________________________________
1. Name: (State full name). 2. Position: (State office to which you have been nominated). 3. Sex:
4.

_________________________________________________
1. Name: (State full name). 2. Position: (State office to which you have been nominated). 3. Sex:
4.

Date of Birth: (State year and place of birth). 5. Marital Status:
6. Daytime phone number:
7. Mobile phone number:
8. Email Address:
9. ID Number:
10. PIN Number:
11. Nationality:
12. Postal Address:
13. Town/City:
14. Knowledge of Languages: (Specify Languages). 15. Education: (List, in reverse chronological order, each university, college, or any other institution of higher
education attended and indicate, in respect of each, the dates of attendance, academic award obtained, whether a
degree was awarded, and the dates on which each such degree was awarded). Employment Record: (List in reverse chronological order all government agencies, business or professional
corporations, companies, firms or other enterprises with which you have been affiliated as an officer, director,
partner, proprietor, employee or consultant). 4

ns, companies, firms or other enterprises with which you have been affiliated as an officer, director,
partner, proprietor, employee or consultant). 4

Public Appointments (Parliamentary Approval) Act (Cap. 7F) Kenya
16. Honours and Awards: (List any scholarships, fellowships, honorary degrees, academic or professional
honours, honorary society memberships, military awards and any other special recognition for outstanding
service or achievement and in respect of each, state the date of award and the institution or organization that
made the award). 17. Professional Association (where applicable): (List all professional associations of which you are or have a
member and give any positions held and the respective dates when each such position was held). 18. Memberships: (List all professional, business, fraternal, scholarly, civic, charitable or other organizations,
(other than those listed in response to Question 16) to which you belong or have belonged). 19. Published Writings:
(a) List the titles, publishers and dates of books, articles, reports letters to the editor, editorial pieces or other
published materials you have authored or edited.

es, publishers and dates of books, articles, reports letters to the editor, editorial pieces or other
published materials you have authored or edited.

(b) Supply four (4) copies of any reports, memoranda or policy statements you prepared or contributed in the
preparation of any bar association, committee, conference or organization of which you were a member. 20. Public Office, Political Activities and Affiliations:
(a) List chronologically any public offices you have held or are currently holding, including the terms of
service and whether such positions were elected or appointed. (b) List all memberships and offices held in and services rendered, whether compensated or not, to any
political party or election committee. If you have ever held a position or played a role in a political
campaign, identify the particulars of the campaign, including the candidate, dates of the campaign, your
title and responsibilities. Also include any linkage you have to a political party at present. (c) Have you ever been dismissed or otherwise removed from office for a contravention of the provisions of
Article 75 of the Constitution? (d) Have you ever been adversely associated with practices that depict bias, favouritism or nepotism in the
discharge of public duties? 21.

stitution? (d) Have you ever been adversely associated with practices that depict bias, favouritism or nepotism in the
discharge of public duties? 21.

Deferred Income/Future Benefits: (List the sources, amounts and dates of all anticipated receipts from
deferred income arrangements, stock, options, uncompleted contracts and other future benefits which you expect
to derive from previous business relationships, professional services, firm memberships, etc). 22. Outside commitment during service in office: (Do you have any plans, commitments or agreements to
pursue outside employment with or without compensation during your service in office? If so explain). 23. Sources of Income: (List sources and amounts of all income received during the calendar year preceding your
nomination and in the current calendar year). 24. Tax Status: (State whether you have fully complied with your tax obligations to the State up to the end of the
financial year immediately preceding the nomination for appointment). 25. Statement of Net Worth: (State you financial net worth). 26. Potential Conflicts of Interest:
(a) Identity the family members or other persons, parties, categories of litigation or financial arrangements
that are likely to present potential conflicts of interest when you first assume the position to which you
have been nominated.

financial arrangements
that are likely to present potential conflicts of interest when you first assume the position to which you
have been nominated.

Explain how you would address any such conflict if it were to rise. (b) Explain how you will resolve any potential conflict of interest, including the procedure you will follow in
determining these areas of concern. 27. Pro Bono/Charity Work/Donations to charity: (Describe what you have done by way of pro bono or charity
work, listing specific instances, the amount contributed and the amount of time devoted to each). 5

Public Appointments (Parliamentary Approval) Act (Cap. 7F) Kenya
28. Have you ever been charged in a court or law in the last three years? If so, specify the nature of the charge,
where the matter is ongoing, the present status of the matter, or where the matter is concluded, the judgment of
the court, or otherwise, how the case was concluded.
29. Have you ever been adversely mentioned in an investigatory report of Parliament or any other Commission of
inquiry in the last three years?
30. Have you any objection to the making of enquiries with your present employer/referees in the course of
consideration of your nomination?
31. References: (List three persons who are not your relatives who are familiar with your character, qualification
and work).
6