The Commission of Inquiry Amendment Bill, 2026

In short

The Commission of Inquiry Amendment Bill 2026 seeks to reform how public inquiries are established and run in Kenya. Currently, the President has sole power to set up commissions of inquiry. This Bill introduces checks and balances by requiring the National Assembly's approval for such appointments. It also protects the independence of other constitutional bodies by preventing the President from creating inquiries on matters already under their mandates, unless joint action is necessary. Additionally, it safeguards judicial independence by requiring the Chief Justice's approval before any sitting judge can serve as a commissioner.

Clause by clause

1. Clause 2 (Section 3(1))

   Parliamentary Approval for Commissions

   Requires the President to obtain the approval of the National Assembly before appointing commissioners to conduct a public inquiry.

2. Clause 2 (Section 3(2))

   No Duplication with Constitutional Commissions

   Prevents the President from appointing commissions of inquiry to investigate matters that fall under the mandate of Constitutional Commissions or Independent Offices, unless joint coordination is required.

3. Clause 2 (Section 3(5))

   Protection of Reputation and Fair Hearing

   Ensures that evidence damaging to a person's reputation is only admitted if relevant, and guarantees the affected person the right to be notified, present, and cross-examine witnesses.

4. Clause 2 (Section 3(6))

   Public Hearings and Privacy Protections

   Mandates that inquiries must be held in public, but allows private sessions to protect order, safety, or witness reputations, with strict bans on publishing identifying details of witnesses in private sessions.

5. Clause 2 (Section 3(7))

   Penalties for Disobeying Summons

   Imposes a fine of up to two hundred thousand shillings, imprisonment for up to six months, or both, for anyone who fails to obey an order to attend inquiry proceedings.

6. Clause 2 (Section 3(8))

   Disqualification from Appointment

   Disqualifies Members of Parliament, County Assembly members, Governors, Deputy Governors, bankrupt individuals, and persons dismissed for constitutional violations from being appointed as commissioners.

7. Clause 2 (Section 3(9))

   Appointment of Serving Judges

   Allows serving judges to be appointed to a commission of inquiry only after consultation with and approval from the Chief Justice.