In Kenya, independent commissions were conceived as pillars of accountability, transparency, and fairness. They were designed to shield key public functions from political interference, ensuring that the rule of law prevails and citizens’ rights are protected. Commissions such as the Ethics and Anti-Corruption Commission (EACC), the Independent Electoral and Boundaries Commission (IEBC), and the Commission on Administrative Justice (CAJ) were intended to operate above the partisan fray, acting as impartial guardians of governance.
But today, one has to ask: are these commissions still independent, or have they become extensions of political influence?
The Promise of Independence
The 2010 Constitution brought hope. By granting commissions constitutional safeguards, Kenya sought to end decades of unchecked executive influence. Independent commissions were empowered to investigate corruption, oversee elections, protect citizens’ rights, and enforce ethical standards across public institutions.
In theory, this independence means that commissioners should operate free of political pressure, make evidence-based decisions, and hold powerful actors accountable. Citizens were promised a fairer, more transparent governance framework—a system where no one is above scrutiny.
Signs of Erosion
Unfortunately, the reality is increasingly murky. Several trends suggest that independence has been compromised:
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Appointments under political influence
While the Constitution provides procedures for appointment, the reality is that nominees often have close ties to political elites. This raises legitimate concerns about impartiality. When commissioners owe their positions to political patronage, their ability to act without fear or favour is naturally diminished. -
Budgetary and institutional dependence
Many commissions remain financially and operationally dependent on government allocations. Budgetary constraints, delayed disbursements, or politicised funding can influence priorities, forcing commissions to navigate between principle and survival. -
Selective enforcement
Citizens notice when certain high-profile individuals or political parties appear untouchable, while smaller actors are rigorously investigated. This selective application undermines confidence in institutional neutrality. -
Public perception matters
Even when commissions act with integrity, the perception of bias can be just as damaging as actual bias. Political narratives and media framing often paint commissions as either instruments of the state or shields for politicians, eroding trust.
Why Independence Still Matters
The importance of truly independent commissions cannot be overstated. Kenya’s democracy hinges on institutions that can operate beyond the reach of partisan politics. From fair elections to anti-corruption enforcement, independent commissions are critical in shaping citizens’ trust in governance. Without them, the system risks sliding back into patronage, impunity, and selective justice.
Restoring Credibility
What can be done to reinforce independence?
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Transparent appointments: Commissioners should be selected through open, merit-based processes with parliamentary oversight.
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Protected budgets: Commissions must receive stable, non-politicised funding to operate effectively.
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Strict enforcement of conflict-of-interest rules: Commissioners must avoid political affiliations that compromise impartiality.
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Civic engagement: Citizens and media must actively monitor and hold commissions accountable, ensuring their mandate is respected.
Independence is not simply a constitutional label; it is an ongoing process. Commissioners must act with courage and integrity, and society must demand that they do so consistently, without fear or favour.
Conclusion
Kenya’s independent commissions were envisioned as bulwarks against corruption, political interference, and institutional decay. Yet, over the years, political pressures, operational constraints, and public scepticism have chipped away at this ideal. The question we must ask ourselves is not just whether commissions are independent in law, but whether they are perceived to act independently in practice.
For democracy to thrive, these institutions must reclaim their autonomy, enforce accountability impartially, and restore the confidence of the Kenyan citizen. Only then can the promise of independence become a reality.
