Constitution of Kenya (Repealed) - Kenya Law Reports

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18 Constitution of Kenya[Rev. 2009(a) if the President so directs; or(b) if the holder of the office ceases to be a member ofthe National Assembly otherwise than by reason of thedissolution of Parliament; or(c) in the case of an Assistant Minister who, immediatelybefore the dissolution of Parliament, was a member of theNational Assembly, if when the Assembly first meets afterthat dissolution, he is not then a member thereof; orAbsence of Vice-President, Ministersand AssistantMinisters fromKenya.Oaths to be takenby Ministers andAssistant Ministers.Appointmentof permanentsecretaries.(d) upon the election of a person to the office of President.20. The Vice-President, a Minister or an Assistant Ministershall not absent himself from Kenya except with the consent of thePresident.21. A Minister or an Assistant Minister shall not enter upon theduties of his office unless he has taken and subscribed the oath ofallegiance and such oath for the due execution of his office as may beprescribed by Parliament.22. (1) The President may appoint such number of permanentsecretaries as he may determine.(2) There shall be a permanent secretary to the Office of thePresident.(3) Where the Vice-President or any other Minister has beencharged with responsibility for a department of Government he shallexercise general direction and control over that department and, subjectto that direction and control, every department of Government shall beunder the supervision of a permanent secretary.(4) The office of a permanent secretary shall be an office in thepublic service.(5) Two or more Government departments may be placed underthe direct supervision of one permanent secretary and a Governmentdepartment may be placed under the supervision of one or morepermanent secretaries or two or more permanent secretaries.Executive authorityof Government ofKenya.PART 3Executive Powers23. (1) The executive authority of the Government of Kenya shallvest in the President and, subject to this Constitution, may be exercisedby him either directly or through officers subordinate to him.
Rev. 2009]Constitution of Kenya 19(2) Nothing in this section shall prevent Parliament from conferringfunctions on persons or authorities other than the President.24. Subject to this Constitution and any other law, the powers ofconstituting and abolishing offices for the Republic of Kenya, of makingappointments to any such office and terminating any such appointment,shall vest in the President.25. (1) Save in so far as may be otherwise provided by thisConstitution or by any other law, every person who holds office inthe service of the Republic of Kenya shall hold that office during thepleasure of the President:Constitution ofoffices.Tenure of office inthe service of theRepublic.Provided that this subsection shall not apply in the case of a personwho enters into a contract of service in writing with the Government ofKenya by which he undertakes to serve the Government for a periodwhich does not exceed three years.(2) In this section “office in the service of the Republic of Kenya”means office in or membership of the public service, the armed forces ofthe Republic, the National Youth Service or any other force or serviceestablished for the Republic of Kenya.26. (1) There shall be an Attorney-General whose office shall bean office in the public service.Attorney General(2) The Attorney-General shall be the principal legal adviser tothe Government of Kenya.(3) The Attorney-General shall have power in any case in whichhe considers it desirable so to do -(a) to institute and undertake criminal proceedings againstany person before any court (other than a court-martial) inrespect of any offence alleged to have been committed bythat person;(b) to take over and continue any such criminal proceedingsthat have been instituted or undertaken by another personor authority; and(c) to discontinue at any stage before judgment is deliveredany such criminal proceedings instituted or undertaken byhimself or another person or authority.(4) The Attorney-General may require the Commissioner of Policeto investigate any matter which, in the Attorney-General’s opinion,
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