Constitution of Kenya (Repealed) - Kenya Law Reports

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36 Constitution of Kenya[Rev. 2009parties forming the Government; and(ii) three shall be nominated by the parliamentary partyor parties forming the opposition.(2) A member of the Commission shall vacate office-(a) upon dissolution of the Parliament during which the memberwas appointed to the Commission:Provided that upon dissolution of Parliament, appointedmembers of the Commission shall continue in office untilnew members are appointed in their place by the nextNational Assembly;(b) if he ceases to be a member of the National Assemblyotherwise than by reason of the dissolution of Parliament;(c) if circumstances arise that, if he were not a member of theAssembly, would disqualify him for election as such;(d) if he is an appointed member, upon revocation of hisappointment by the Assembly or upon his resignation; or(e) if he is the Speaker or the leader of Government business,or the leader of the opposition party with the highest numberof seats in the National Assembly, upon ceasing to holdoffice as such.(3) If the office of chairman of the Commission is vacant orthe chairman is for any reason unable to exercise the functions of hisoffice, then, until a person has been elected Speaker and has assumedthe functions of chairman, or until the person holding that office hasresumed those functions, as the case may be, the vice-chairman or, ifthe office of the vice-chairman is vacant, or the vice-chairman is forany reason unable to perform the functions of the office of chairman,such one of the other appointed members as the Commission may electshall act as chairman; and the vice-chairman or the other member shall,subject to subsection (2), continue to act until a person has been electedto the office of Speaker and assumed the functions of chairman or, as thecase may be, until the person in whose place he is acting has assumedor resumed those functions.(4) If the office of an appointed member of the Commission isvacant or if such member is acting as chairman under subsection (3),or is for any reason unable to exercise the functions of his office, theAssembly may appoint a person who is qualified to be appointed to be
Rev. 2009]Constitution of Kenya 37a member to act in place of that member; and a person so appointedshall, subject to subsection (2), continue to act until a person has beenappointed to the office in which he is acting or has assumed the functionsof that office, as the case may be, until the person in whose place he isacting has resumed those functions.(5) The Parliamentary Service Commission shall have power -(a) to constitute and abolish offices in the parliamentaryservice;(b) to appoint persons to hold or act in the offices of the Service(including the power to confirm appointments) and toexercise disciplinary control over persons holding or actingin those offices (including the power to remove those personsfrom office);(c) to provide such services and facilities as are necessary toensure efficient and effective functioning of the Assembly;(d) to direct and supervise the administration of the servicesand facilities provided by, and exercise budgetary controlover, the Service;(e) in such manner as may be prescribed by or under an Actof Parliament -(i) to cause to be prepared and laid before the NationalAssembly in each financial year estimates of expenditure(which shall be a charge on the Consolidated Fund) ofthe parliamentary service for the next following financialyear;(ii) to cause to be audited and a report thereon laid before theAssembly at least once every year, the accounts of theCommission (also known as the accounts of the Clerkof the National Assembly) provided that until such timeas the manner of the audit and report is prescribed asaforesaid section 105 shall continue to apply mutatismutandis;(f) without prejudice to the generality of paragraphs (c) and(d), to provide security staff to maintain proper security formembers of the Assembly and for the services and facilitieswithin the precincts of the Assembly;(g) to determine the terms and conditions of service of persons
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