Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
Constitution of Kenya (Repealed) - Kenya Law Reports
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54 <strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong>[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 <strong>of</strong> the High Courtand the judges <strong>of</strong> the Court <strong>of</strong> Appeal; and(d) the chairman <strong>of</strong> the Public Service Commission.(2) In the exercise <strong>of</strong> its functions under this <strong>Constitution</strong>, theCommission shall not be subject to the direction or control <strong>of</strong> any otherperson or authority.(3) Subject to this Chapter, the Commission may make regulationsregulating its own procedure and, with the consent <strong>of</strong> the President, mayconfer powers or impose duties on any public <strong>of</strong>ficer or authority forthe purpose <strong>of</strong> the discharge <strong>of</strong> its functions.(4) Subject to any regulations made under subsection (3), theCommission may act notwithstanding a vacancy in its membership orthe absence <strong>of</strong> a member, and its proceedings shall not be invalidatedby the presence or participation <strong>of</strong> a person not entitled to be presentat or to participate in those proceedings:Provided that a decision <strong>of</strong> the Commission shall require theconcurrence <strong>of</strong> a majority <strong>of</strong> all the members there<strong>of</strong>.Appointment, etc., <strong>of</strong>judicial <strong>of</strong>ficers.4 <strong>of</strong> 1988, s. 4.69. (1) The power to appoint persons to hold or act in an<strong>of</strong>fice to which this section applies (including the power to confirmappointments), the power to exercise disciplinary control over personsholding or acting in those <strong>of</strong>fices and the power to remove those personsfrom <strong>of</strong>fice 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 <strong>of</strong>its powers under subsection (1) to any one or more <strong>of</strong> its members orto any judge <strong>of</strong> the High Court or to any person holding or acting in an<strong>of</strong>fice to which this section applies:Provided that a power that relates to an <strong>of</strong>fice the holder <strong>of</strong> whichis required to possess legal qualifications may not be delegated underthis subsection except to one or more members <strong>of</strong> the Commission.(3) The <strong>of</strong>fices to which this section applies are -