Was it right to extend Kaparo’s term at NCIC?

National Cohesion and Integration Commission(NCIC) Chairman Francis Ole Kaparo

By a Gazette notice, the President extended the term of the Chairman and Commissioners of the National Cohesion and Integration Commission (NCIC) by one year. Now, Francis ole Kaparo was appointed NCIC chairman on August, 12 2014, alongside seven other commissioners. Section 19 of the National Cohesion and Integration Act No 12 of 2008 provides that the Term of office of the Chairperson and the commissioners shall hold office for a term of three years and shall be eligible for re-appointment for one further term of three years. There is no provision for extension of term nor can the term be limited to one year.

In addition, the Procedure in the First Schedule to the Act, for nominating commissioners must be through the National Assembly. The Clerk of the National Assembly is required to invite applications from persons qualified under the Act for nomination as commissioners. The relevant Parliamentary committee in consultation with the Cabinet Secretary responsible shall, within seven days of the expiry of the 21 days-period consider all the applications received and recommend to the National Assembly suitably qualified fifteen persons for nomination as commissioners. The names of the nominees are then submitted to the Cabinet Secretary for onward transmission to the President to appoint therefrom eight commissioners.