Constitution of Kenya (Repealed) - Kenya Law Reports

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110 Constitution of Kenya[Rev. 2009facilitate appointmentof local candidatesand report to the President whether there are more candidates belongingto Kenya (hereinafter referred to as “local candidates”) who are suitablyqualified for appointment to, or promotion in, that branch than thereare vacancies in that branch that could appropriately be filled by thelocal candidates; if those authorities report to the President that suchis the case, the authority having power to remove from office personsholding office in that branch (in this subsection and in subsection (2)referred to as “the nominating authority”) shall, if so requested bythe President, select officers to whom this section applies who areserving in that branch and whose retirement would, in the opinion ofthe nominating authority, cause vacancies that could appropriately befilled by such suitably qualified local candidates as are available andfit for appointment and inform the President of the number of officersso selected; if the President specifies a number of officers to be calledupon to vacate their appointments (not exceeding the number of officersso selected), the nominating authority shall nominate that number ofofficers from among the officers so selected and the provisions ofsubsections (2), (3), and (4) shall apply in the case of any officer sonominated.(2) The nominating authority shall report the name of the officerto the chairman of the Public Service Commission who in turn shallcirculate that name to the authority having power to make appointmentsin any branch of the public service in which the officer is eligible forappointment; and each such authority shall then consider whether thereis any vacancy to which it is willing to appoint the officer.(3) If an authority indicates to the chairman of the Public ServiceCommission that it is willing to appoint the officer to fill a vacancy theofficer shall be so informed and that appointment shall be made, butwithout prejudice to the right of the officer to retire voluntarily fromthe public service in the manner provided by any law:Provided that where more than one authority is willing to appointthe officer to fill a vacancy, the Public Service Commission shall decidewhich vacancy he shall be appointed to fill.(4) If no authority is willing to appoint the officer to fill a vacancy,the chairman of the Public Service Commission, shall by notice inwriting so inform him and require him to retire from the public service,and he shall retire accordingly.(5) A notice given under subsection (4) requiring an officer toretire from the public service shall-(a) in the case of an officer who, when he receives the notice,is on leave of absence upon the completion of a tour of duty,
Rev. 2009]Constitution of Kenya 111specify the date on which he shall so retire which shall benot earlier than the expiration of six months from the datewhen he receives the notice or, if his leave of absence wouldotherwise expire later, when it would otherwise expire;and(b) in the case of any other officer, specify the period, whichshall be not less than six months from the date when hereceives the notice, at the expiration of which he shallproceed upon leave of absence pending retirement:Provided that the officer may agree to the notice specifying anearlier date or, as the case may be, a shorter period.(6) In determining the date or the period to be specified inpursuance of subsection (5) in a notice given to an officer, the chairmanof the Public Service Commission shall act in accordance with the adviceof the authority that nominated that officer under subsection (1).(7) 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 to freepassages from East Africa for the purpose of leave of absence,other than sabbatical leave, upon the completion of a tourof duty; or(d) is an overseas officer who, after 11 th December, 1963, isappointed to any office in the public service (otherwise thanon promotion or transfer from another such office) and whois notified at the time of his appointment that this sectionwill apply to him.(8) In this section “overseas officer” means an officer in the publicservice who is, either individually or as a member of a class, declaredby the appropriate Commission to be an overseas officer, and “theappropriate Commission” means -(a) in relation to an officer who can be removed from his officeby the Judicial Service Commission, that Commission;and
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Constitution of Kenya (Repealed) - Kenya Law Reports

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