Constitution of Kenya (Repealed) - Kenya Law Reports

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.