The Kenyan Constitution was written in response to a system of governance that had centralised and militarised political power. The Kanu regime that ruled the country for decades abused constitutional authority to benefit a section of the population and persecute individuals who were opposed to those in power. National resources were distributed at the whim of a presidency that governed with fiat, brooked no opposition and wallowed in the miasma of blind obedience.

The Kanu administration over time mutilated the independence Constitution to make it impossible for fair political competition and equitable sharing of national wealth. Systems for checks and balances, accountability, integrity and transparency in the management of public affairs were deliberately weakened. The result was dominance of public space by a brutal and avaricious political elite whose main inspiration was accumulation of wealth and power by breaking every rule in the book aided by those entrusted with leadership. Forces of dissent and divergent thought were met with brutal force of even death.

This informed the setting up of independent offices and commissions, to check the Executive, Legislature and Parliament. Their main objective is to promote good governance, the rule of law and constitutionalism. These are the bodies that are domiciled in Chapter 15 of the Constitution.

By virtue of their mandate, members of these commissions should be independent men and women of integrity, independence and principle. They must be able to stand up to even the most powerful person in government and speak out against excesses of power without fear. They have to ensure that the entity they serve discharges its mandate with integrity, professionalism and within the law.

This boils down to the manner of their appointment. It is unfortunate that Chapter 15 commissions have been used as lucrative dumping grounds for political rejects, pseudo-scholars, relatives, charlatans and sycophants of the governing party. This defeats the letter and spirit of the Constitution. That is why most of them have been rendered ineffective leeches on the Kenyan taxpayer.

Our attention is, therefore, drawn to reports that the terms of commissioners with the Salaries and Remuneration Commission, the Commission on Administration of Justice (Ombudsman), the Gender and Equality Commission and the Independent Policing Oversight Authority ended. These vacancies should not become another opportunity to recycle the old guard, as happened with Cabinet appointments.

The recruitment must demonstrate true fidelity to the rule of law.