Constitution of Kenya (Repealed) - Kenya Law Reports

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106 Constitution of Kenya[Rev. 2009attaining an age specified therein.(7) Where this Constitution vests in a person or authority thepower to appoint a person to act in or to exercise the functions of anoffice if the holder thereof is himself unable to exercise those functions,no such appointment shall be called in question on the grounds that theholder of the office was not unable to exercise those functions.(8) No provision of this Constitution that a person or authorityshall not be subject to the direction or control of any other person orauthority in the exercise of any functions under this Constitution shall beconstrued as precluding a court from exercising jurisdiction in relationto any question whether that person or authority has exercised thosefunctions in accordance with this Constitution or any other law.(9) In this Constitution, unless the context otherwise requires -(a) words importing the masculine gender shall includefemales;(b) words in the singular shall include the plural, and words inthe plural shall include the singular.(10) Where an order, regulation or rule, or any amendment orrevocation thereof, made under a power conferred by this Constitutioncomes into operation on a particular day, it shall come into operationat the beginning of that day.(11) Where a power is conferred by this Constitution to makean order, regulation or rule or pass a resolution or give a direction ormake a declaration or designation, the power shall be construed asincluding the power, exercisable in the same manner and subject to thesame conditions, if any, to amend or revoke the order, regulation, rule,resolution, direction, declaration or designation.(12) A reference in this Constitution to a law made before12 th December, 1963 shall, unless the context otherwise requires, beconstrued as a reference to that law as it had effect on 11 th December,1963.(13) A reference in this Constitution to a law that amends orreplaces another law shall be construed as including a reference to a lawthat modifies, re-enacts, with or without amendment or modification,or makes different provision in place of that other law.
Rev. 2009]Constitution of Kenya 107CHAPTER XITRANSITORY124. This Chapter shall have effect notwithstanding the foregoingprovisions of this Constitution, and accordingly, if any such provisionis inconsistent with a provision of this Chapter, the provision of thisChapter shall prevail.125. (1) This section shall have effect for the purpose of enablingan officer to whom this section applies or his personal representativesto appeal against any of the following decisions -(a) a decision of the Public Service Commission to givesuch concurrence as is required by section 113 (1) or (2) inrelation to the refusal, withholding, reduction in amount orsuspending of any pensions benefits in respect of such anofficer’s service as a public officer;Effect of Chapter.Appeals in respectof certain decisionsaffecting pensionsbenefits.(b) a decision, whether of a Commission established by thisConstitution or some other person or authority, to removesuch an officer from office if the consequence of the removalis that any pensions benefits cannot be granted in respect ofthe officer’s service as a public officer; or(c) a decision, whether of a Commission established by thisConstitution or some other person or authority, to takesome other disciplinary action in relation to such an officerif the consequence of the action is, or in the opinion of theCommission or other person or authority taking the decisionmight be, to reduce the amount of any pensions benefitsthat may be granted in respect of the officer’s service as apublic officer.(2) In the following provisions of this section, references to theCommission shall be construed -(a) in relation to a decision referred to in subsection (1) (a), asreferences to the Public Service Commission;(b) in relation to a decision referred to in subsection (1) (b) or(c), being a decision taken by a Commission established bythis Constitution, as references to that Commission; and(c) in relation to a decision referred to in subsection (1) (b) or(c), being a decision taken by some other person or authority,as references to that person or authority.
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Constitution of Kenya (Repealed) - Kenya Law Reports

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