Constitution of Kenya (Repealed) - Kenya Law Reports

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88 Constitution of Kenya[Rev. 2009misbehaviour, and shall not be so removed except in accordance withthis section.(7) A member of the Commission shall be removed from officeby the President if the question of his removal from office has beenreferred to a tribunal appointed under subsection (8) and the tribunalhas recommended to the President that he ought to be removed fromoffice for inability as aforesaid or for misbehaviour.(8) If the President considers that the question of removing amember of the Commission under this section ought to be investigated,then -(a) the President shall appoint a tribunal which shall consist ofa chairman and four other members selected by the Presidentfrom among persons -(i) who hold or have held office as judge of the High Courtor judge of appeal; or(ii) who are qualified to be appointed as judges of the HighCourt under section 61 (3); orCap. 16.(iii) upon whom the rank of Senior Counsel has beenconferred by the President under section 17 of theAdvocates Act; and(b) the tribunal shall inquire into the matter and report on thefacts thereof to the President and recommend to him whetherthe member ought to be removed under this section.(9) If the question of removing a member of the Commissionhas been referred to a tribunal under this section, the President maysuspend that member from the exercise of the functions of his officeand the suspension may at any time be revoked by the President, andshall in any case cease to have effect if the tribunal recommends to thePresident that the member should not be removed.(10) 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 appointed to and has assumedthe functions of that office or until the person holding that office hasresumed those functions, as the case may be, the deputy chairman or,if the office of deputy chairman is vacant or the deputy chairman is forany reason unable to perform the functions of the office of chairman,such one of the other members as the President may appoint shall act aschairman; and the deputy chairman or the other member shall, subject
Rev. 2009]Constitution of Kenya 89to subsections (5), (7) and (9), continue to act until a person has beenappointed to the office of chairman and has assumed the functions ofthat office or, as the case may be, until the person in whose place he isacting has assumed or resumed those functions.(11) If the office of a member of the Commission other than thechairman is vacant or if such a member is acting as chairman undersubsection (10) or is for any other reason unable to exercise the functionsof his office, the President may appoint a person who is qualified to beappointed to be a member to act in place of that member; and a personso appointed shall, subject to subsection (5), (7) and (9), continue to actuntil a person has been appointed to the office in which he is acting andhas assumed the functions of that office or, as the case may be, until theperson in whose place he is acting has resumed those functions.(12) Subject to this Chapter, the Commission shall, in the exerciseof its functions under this Constitution, not be subject to the directionor control of any other person or authority.(13) Subject to this Chapter, the Commission may by regulationor otherwise regulate its own procedure and, with the consent of thePresident, may confer powers or impose duties on any public officer orauthority for the purpose of the discharge of its functions.(14) The Commission may, subject to its rules of procedure,act notwithstanding a vacancy in its membership or the absence of amember and its proceedings shall not be invalidated by the presence orparticipation of a person not entitled to be present at or to participatein those proceedings:Provided that any decision of the Commission shall require theconcurrence of a majority of all the members thereof.107. (1) Subject to this Constitution, the power to appoint personsto hold or act in offices in the public service and in the service of localauthorities (including the power to confirm appointments), the powerto exercise disciplinary control over persons holding or acting in thoseoffices and the power to remove those persons from office shall vest inthe Public Service Commission:Appointment, etc., ofpublic officers.7 of 1982, s.8,7 of 1984, s.5.Provided that the Commission may, with the approval of thePresident and subject to such conditions as it thinks fit, by directionsin writing, delegate any of its powers under this section to any one ormore of its members or to any officer in the public service or, in thecase of appointments to the service of local authorities, to particularlocal authorities.
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Constitution of Kenya (Repealed) - Kenya Law Reports

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