Constitution of Kenya (Repealed) - Kenya Law Reports

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86 Constitution of Kenya[Rev. 2009(6) Nothing in this section shall be construed as prejudicing theprovisions of section 112 (which protects certain pensions rights).Controller andAuditor-General.105. (1) There shall be a Controller and Auditor-General whoseoffice shall be an office in the public service.(2) It shall be the duty of the Controller and Auditor-General -(a) to satisfy himself that any proposed withdrawal from theConsolidated Fund is authorized by law, and, if so satisfied,to approve the withdrawal;(b) to satisfy himself that all moneys that have been appropriatedby Parliament and disbursed have been applied to thepurposes to which they were so appropriated and that theexpenditure conforms to the authority that governs it; and(c) at least once in every year to audit and report on the publicaccounts of the Government of Kenya, the accounts of allofficers and authorities of that Government, the accounts ofall courts in Kenya (other than courts no part of the expensesof which are defrayed directly out of moneys provided byParliament), the accounts of every Commission establishedby this Constitution and the accounts of the Clerk of theNational Assembly.(3) The Controller and Auditor-General and any officer authorizedby him shall have access to all books, records, returns, reports and otherdocuments which in his opinion relate to any of the accounts referredto in subsection (2).(4) The Controller and Auditor-General shall submit every reportmade by him in pursuance of subsection (2) to the Minister for the timebeing responsible for finance who shall, not later than seven days afterthe National Assembly first meets after he has received the report, layit before the Assembly.(5) In the exercise of his functions under subsections (2), (3)and (4), the Controller and Auditor-General shall not be subject to thedirection or control of any other person or authority.CHAPTER VIIITHE PUBLIC SERVICEPublic ServiceCommission.106. (1) There shall be a Public Service Commission which shallconsist of a chairman, a deputy chairman and fifteen other members.
Rev. 2009]Constitution of Kenya 87(2) The members of the Commission shall be appointed by thePresident.7 of 1984, s. 4,4 of 1988, s. 6,17 of 1990, s. 5.(3) Subject to subsection (4), a person shall not be qualified to beappointed as a member of the Commission if -(a) he is, or has at any time been, a member of the NationalAssembly, or he has at any time been a member of eitherHouse of the National Assembly formerly established forKenya, a member of a Provincial Council or a RegionalAssembly formerly established for Kenya or a member (otherthan an ex officio, an appointed or a nominated member) ofany Legislative Council established for Kenya at any timebefore 12 th December, 1963; or(b) he is, or has at any time been, nominated as a candidate forelection as a member of the National Assembly, or of a formerHouse of the National Assembly, or of a former ProvincialCouncil, Regional Assembly or Legislative Council; or(c) he is, or has at any time been, the holder of an office in anypolitical organization that sponsors or otherwise supports, orhas at any time sponsored or otherwise supported, a candidatefor election as a member of the National Assembly or ofany such former House of the National Assembly, formerProvincial Council, Regional Assembly or LegislativeCouncil.(4) The disqualifications referred to in subsection (3) shall ceaseto be disqualifications in respect of a person when Parliament has beendissolved on two occasions after that person ceased to be such a member,candidate or holder of office.(5) Subject to subsection (7), the office of a member of theCommission shall become vacant -(a) at the expiration of three years from the date of hisappointment; or(b) if he accepts any office the holding of which, if he were nota member of the Commission, would make him ineligible forappointment to the office of member of the Commission.(6) The President may remove a member of the Commission fromoffice only for failure to discharge the functions of his office (whetherarising from infirmity of body or mind or from any other cause) or for
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