The Commission of Inquiry (Amendment) Bill, 2026
Status Timeline
Proposed
Done ยท 14 Sep 2026
Public Review
Active now
Debate
Pending
Executive
Pending
Final
Pending
National Assembly Approval Required for Commissioner Appointments
Under the proposed amendment to section 3(1), any appointment of commissioners by the President must be made with the approval of the National Assembly. This replaces the existing framework where the President possesses sole discretion over these appointments.
Restricting Duplication of Constitutional Commission Mandates
The new section 3(2) prohibits the President from appointing commissioners to inquire into matters that fall under the mandate of a Constitutional Commission or an Independent Office, unless:
- The matter requires coordination or joint action by two or more Constitutional Commissions or Independent Offices.
- The matter would be most effectively addressed through a commission of inquiry.
Strict Disqualifications for Appointed Commissioners
The Bill introduces section 3(8) to explicitly bar certain individuals from serving as commissioners. Disqualified persons include:
- Members of Parliament
- Members of County Assemblies, Governors, Deputy Governors, or members of County Executive Committees
- Persons dismissed or removed from office for contravening the Constitution or other written laws
- Undischarged bankrupts
Approval of the Chief Justice Mandated for Serving Judges
To safeguard judicial independence, the proposed section 3(9) stipulates that a serving judge may only be appointed to a Commission of Inquiry subject to prior consultation with and the formal approval of the Chief Justice.
KSh 200,000 Fine for Violating Witness Privacy Orders
The Bill updates the rules for private hearings and introduces section 3(7). Where a commission orders a private hearing to protect a witness's reputation or safety, publishing the name, address, or photograph of that witness is an offence punishable by a fine of up to KSh 200,000, imprisonment for up to six months, or both.
Bill No.
No. 23 of 2026
Gazette No.
Supplement No. 104 of 2026
Sponsor
Gabriel Koshal Tongoyo
Background
The Commissions of Inquiry Act (Cap. 102) regulates the setup and powers of commissions appointed by the state to investigate matters of public interest. The Commission of Inquiry (Amendment) Bill, 2026 seeks to align the Act with constitutional principles, specifically enforcing checks and balances on executive appointments, preventing jurisdictional conflicts with Constitutional Commissions, and safeguarding judicial independence.
Key Amendments
- Legislative Oversight of Executive Appointments (Section 3(1)): Mandates that any commission of inquiry issued by the President is subject to approval by the National Assembly.
- Preventing Institutional Duplication (Section 3(2)): Bars inquiries into matters that fall within the scope of Constitutional Commissions or Independent Offices, unless the issues are highly complex, require joint action among multiple bodies, and are deemed best resolved through a commission.
- Judicial Safeguards (Section 3(9)): Sets a clear rule that any sitting judge appointed as a commissioner must be selected in consultation with, and with the approval of, the Chief Justice.
New Obligations
- Rules of Evidence and Fairness (Section 3(5)): Commissions are bound by strict conduct rules when executing their mandate. Specifically:
- Evidence adversely affecting a person's reputation must not be received unless the commissioner is satisfied of its relevance and the affected person is given prior warning of the general nature of the evidence.
- Affected parties must be given a reasonable opportunity to be present (personally or represented by a legal practitioner) to cross-examine witnesses and adduce evidence in refutation.
- Hearsay evidence that adversely affects a person's reputation must not be received.
- Witness Protection Orders (Section 3(6)): Commissions are empowered to hold private hearings under specific circumstances (public order, protection of witness reputation, etc.) and issue orders prohibiting the publication of any witness identifiers, such as names, addresses, or photographs.
Penalties
- Unauthorised Witness Disclosure (Section 3(7)): Any person who violates a non-publication order by disclosing the name, address, or photograph of a protected witness commits an offence. Upon conviction, the offender is liable to a fine not exceeding KSh 200,000, imprisonment for a term not exceeding six months, or both.
Gazettement
The Bill was published in Kenya Gazette No. 104 on 17 April 2026 and was scheduled to mature on 30 April 2026.
Gazettement
The Bill was published in Kenya Gazette No. 104 on 17 April 2026 and was scheduled to mature on 30 April 2026.
First Reading
The Bill was read a First Time in the National Assembly on 12 August 2026.
Committed to Committee
The Bill was committed to the Departmental Committee on Administration and Internal Security for consideration.