Constitutional commissions should be free from executive control

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The 2010 Constitution created commissions and independent offices, which was a new phenomenon. These bodies, as the description suggests, had a special status under the law. They were envisioned as a quasi-fourth arm of government, operating independently of the traditional executive, legislative, and judicial branches. Commissions and independent offices are creatures of the Constitution, deriving their authority and mandates solely from it, the sovereign people of Kenya and from the specific legislation that enables their work.

The creation of constitutional commissions and independent offices was driven by the need to separate critical issues-historically prone to abuse by the executive-from the direct control of the government. These issues include land adjudication, which has been a major source of conflict, especially during the 2007-2008 post-election violence. Other sensitive areas include election management, criminal prosecution, policing, human rights violations, and the fight against corruption-each of which has threatened the country's stability at various points in its history.