Constitution of Kenya (Repealed) - Kenya Law Reports

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108 Constitution of Kenya[Rev. 2009(3) The Commission shall cause to be delivered to the officerconcerned, or to his personal representatives, a written notice of adecision referred to in subsection (1), stating the time, not being lessthan fourteen days from the date on which the notice is delivered, withinwhich he, or his personal representatives, may apply to the Commissionfor the case to be referred to an Appeals Board.(4) If application is duly made within the time stated in the notice,the Commission shall notify the President in writing of that applicationand thereupon the President shall appoint an Appeals Board consistingof-(a) one member, who shall not be a member of the Commission,selected by the President;(b) one member selected by an association representative ofpublic officers or by a professional body, nominated in eithercase by the applicant; and(c) one member selected by the two other members jointly(or, in default of agreement between those members, by theJudicial Service Commission) who shall be the chairmanof the Board.(5) The Appeals Board shall inquire into the facts of the case,and for that purpose -(a) shall hear the applicant if he so requests in writing andshall consider any representations that he wishes to makein writing;(b) may hear any other person who, in the opinion of the Board,is able to give the Board information on the case; and(c) shall have access to and shall consider all documents thatwere available to the Commission and shall also consider anyfurther document relating to the case that may be producedby or on behalf of the applicant or the Commission.(6) When the Appeals Board has completed its consideration ofthe case, then -(a) if the decision that is the subject of the reference to theBoard is a decision referred to in subsection (1) (a), the Boardshall advise the Commission whether the decision should beaffirmed, reversed or modified and the Commission shall actin accordance with that advice; and
Rev. 2009]Constitution of Kenya 109(b) if the decision that is the subject of the reference to theBoard is a decision referred to in subsection (1) (b) or (c),the Board shall not have power to advise the Commissionto affirm, reverse or modify the decision but -(i) where the officer has been removed from office the Boardmay direct that there shall be granted all or any part ofthe pensions benefits that, under any law, might havebeen granted in respect of his service as a public officerif he had retired voluntarily at the date of his removaland may direct that any law with respect to pensionsbenefits shall in any other respect have effect as if hehad so retired; andNorth-EasternProvince andcontiguous Districts.6 of 1992, s. 12.(ii) where some other disciplinary action has been takenin relation to the officer the Board may direct that thereshall be adopted with respect to the calculation of anypensions benefits that, under any law, may be granted inrespect of his service as a public officer such measuresas the Board may specify in order to off-set all or anypart of the reduction in the amount of the benefits that,in the opinion of the Board, would or might otherwisebe a consequence of the disciplinary action,and any direction given by the Board under this paragraphshall be complied with notwithstanding the provisions ofany other law.(7) In this section the expression “pensions benefits” has themeaning assigned to it in section 113.(8) This section applies to an officer who holds a pensionableoffice in the public service and-(a) is designated under the Overseas Service Aid Scheme; or(b) is a member of Her Majesty’s Overseas Civil Service or HerMajesty’s Overseas Judiciary; or(c) whose conditions of service include an entitlement tofree passages from East Africa for the purpose of leave ofabsence, other than sabbatical leave, upon the completionof a tour of duty.126. (1) If the President so requests, the authorities having powerto make appointments in any branch of the public service shall considerCompulsoryretirement to
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Constitution of Kenya (Repealed) - Kenya Law Reports

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