Continuation and specific reference...
See section 10 of the Election Laws (Amendment) Act No. 15 of 2000.
Appointment of the Chairperson and Commissioners:
Chairperson
The Chairman shall be a person who holds, has held or is qualified to hold the office of Judge of the High Court or the Court of Appeal or any other fit and proper person who is appointed from a list of six persons, who are not unacceptable to the President, submitted by the Leader of the Opposition after he has meaningfully consulted with the non-governmental political parties represented in the National Assembly. If the Leader of the Opposition does not submit such a list of persons then the President shall appoint a person who holds, has held or is qualified to hold the office of Judge of the High Court or the Court of Appeal. The current Chairman of the Commission was chosen by the President from a list of six persons submitted by the Leader of the Opposition.
[See Constitution (Amendment) Act No. 2 of 2000]
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Note this specific part ...
If the Leader of the Opposition does not submit such a list of persons then the President shall appoint a person who holds, has held or is qualified to hold the office of Judge of the High Court or the Court of Appeal.