Constitution of Kenya (Repealed) - Kenya Law Reports

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38 Constitution of Kenya[Rev. 2009holding or acting in the offices of the Service;(h) from time to time as necessity arises, to appoint anindependent body to review and make recommendationson the salaries and allowances of the members of theAssembly;(i) to initiate, co-ordinate and harmonize policies and strategiesrelating to the development of the Service;(j) to undertake, singly or jointly with other relevant authoritiesand organisations, such programmes as will promote theideals of parliamentary democracy in Kenya.(k) to do such other things including review of parliamentarypowers and privileges as may be necessary for the well-beingof the members and staff of the National Assembly and toexercise such other functions as may be prescribed by orunder an Act of Parliament.(6) In the exercise of its powers or the performance of its functionsunder this Constitution, the Commission shall not be subject to thedirection or control of any other person or authority.(7) Subject to this section, the Commission may by regulationsor otherwise regulate its own procedure and, with the consent of thePresident or the Public Service Commission, as may be appropriate,may confer powers or impose duties on any public officer or authorityfor the purpose of the discharge of its functions.(8) Subject to any regulations made under subsection (7), theCommission may act notwithstanding a vacancy in its membership orabsence of a member, and its proceedings shall not be invalidated bythe presence or participation of a person not entitled to be present at orto participate in those proceedings.(9) The Commission shall endeavour to reach every decision byconsensus:Provided that where on any matter consensus cannot be obtained,the decision of the Commission shall require the concurrence of amajority of all the members thereof.(10) The Commission may, by directions in writing, delegate anyof its powers under this section to any one or more of its members orto any officer in the parliamentary service.
Rev. 2009]Constitution of Kenya 39(11) Notwithstanding anything to the contrary appearing in thissection, the Commission may -(a) engage persons under individual contracts of serviceupon such terms and conditions as the Commission maydetermine;(b) commission any person, who in its opinion possesses expertknowledge or is otherwise able to assist in connection withthe exercise of its functions, to make such inquiries or toconduct such research or to make such reports as may benecessary for the efficient and effective carrying out of itsfunctions;(c) appoint competent persons, whether members of theCommission or not, to be a committee or committees toassist the Commission on such matters within the scope ofits functions as are referred to them by the Commission.(12) Subject to this section, provision may be made by or underan Act of Parliament for prescribing the manner of the exercise of thefunctions of the Commission under this section and for any mattersincidental or supplementary to the exercise of those functions.(13) For the avoidance of doubt and without prejudice to thegenerality of subsection (14), section 48 and section 107(1) shall notapply in relation to the parliamentary service.(14) This Part shall have effect notwithstanding any otherprovision of this Constitution and, accordingly, if any such provisionis inconsistent with a provision of this Part, the provision of this Partshall apply.PART 2Legislation and Procedure in the National Assembly46. (1) Subject to this Constitution, the legislative power ofParliament shall be exercisable by Bills passed by the NationalAssembly.(2) When a Bill has been passed by the National Assembly, itshall be presented to the President for his assent.Exercise oflegislativepower of Parliament.6 of 1992, s. 9.(3) The President shall, within twenty-one days after the Bill hasbeen presented to him for assent under subsection (2), signify to theSpeaker that he assents to the Bill or refuses to assent to the Bill.
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