Constitution of Kenya (Repealed) - Kenya Law Reports

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54 Constitution of Kenya[Rev. 2009(a) the Chief Justice as chairman;(b) the Attorney-General;(c) two persons who are for the time being designated by thePresident from among the puisne judges of the High Courtand the judges of the Court of Appeal; and(d) the chairman of the Public Service Commission.(2) In the exercise of its functions under this Constitution, theCommission shall not be subject to the direction or control of any otherperson or authority.(3) Subject to this Chapter, the Commission may make regulationsregulating its own procedure and, with the consent of the President, mayconfer powers or impose duties on any public officer or authority forthe purpose of the discharge of its functions.(4) Subject to any regulations made under subsection (3), theCommission may act notwithstanding a vacancy in its membership orthe absence of a member, and its proceedings shall not be invalidatedby the presence or participation of a person not entitled to be presentat or to participate in those proceedings:Provided that a decision of the Commission shall require theconcurrence of a majority of all the members thereof.Appointment, etc., ofjudicial officers.4 of 1988, s. 4.69. (1) The power to appoint persons to hold or act in anoffice to which this section applies (including the power to confirmappointments), the power to exercise disciplinary control over personsholding or acting in those offices and the power to remove those personsfrom office shall vest in the Judicial Service Commission.(2) The Judicial Service Commission may, by directions inwriting and subject to such conditions as it thinks fit, delegate any ofits powers under subsection (1) to any one or more of its members orto any judge of the High Court or to any person holding or acting in anoffice to which this section applies:Provided that a power that relates to an office the holder of whichis required to possess legal qualifications may not be delegated underthis subsection except to one or more members of the Commission.(3) The offices to which this section applies are -
Rev. 2009]Constitution of Kenya 55(a) the office of Registrar or Deputy Registrar of the HighCourt;(b) the office of the Chief Magistrate, the Principal Magistrate,the Senior Resident Magistrate, Resident Magistrate orDistrict Magistrate;(c) the office of any other person empowered to hold orbe a member of a subordinate court exercising criminaljurisdiction;(d) the office of Chief Kadhi and Kadhi; and(e) such other offices of member of any court or connected withany court as may be prescribed by Parliament.CHAPTER VPROTECTION OF FUNDAMENTAL RIGHTS ANDFREEDOMS OF THE INDIVIDUAL70. Whereas every person in Kenya is entitled to the fundamentalrights and freedoms of the individual, that is to say, the right, whateverhis race, tribe, place of origin or residence or other local connexion,political opinions, colour, creed or sex, but subject to respect for therights and freedoms of others and for the public interest, to each andall of the following, namely -Fundamental rightsand freedoms of theindividual.(a) life, liberty, security of the person and the protection ofthe law;(b) freedom of conscience, of expression and of assembly andassociation; and(c) protection for the privacy of his home and other property andfrom deprivation of property without compensation,the provisions of this Chapter shall have effect for the purpose ofaffording protection to those rights and freedoms subject to suchlimitations of that protection as are contained in those provisions, beinglimitations designed to ensure that the enjoyment of those rights andfreedoms by any individual does not prejudice the rights and freedomsof others or the public interest.71. (1) No person shall be deprived of his life intentionally savein execution of the sentence of a court in respect of a criminal offenceunder the law of Kenya of which he has been convicted.Protection of rightto life.
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