Constitution of Kenya (Repealed) - Kenya Law Reports

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90 Constitution of Kenya[Rev. 2009(2) Subject to this section and section 106 (12), provision may bemade by or under an Act of Parliament for prescribing the manner of theexercise of the functions of the Public Service Commission under thissection and for any matters incidental or supplementary to the exerciseof those functions.(3) No person shall be appointed under this section to or toact in an office on the personal staff of the President except with theconcurrence of the President.(4) Subsection (1) shall not apply in relation to any of thefollowing offices in the public service -(a) the office of the judge of the High Court or the Court ofAppeal;(b) the office of Attorney-General;(c) the office of Controller and Auditor-General;(d) so far as relates to appointments thereto or to act therein,the office of Permanent Secretary, Secretary to the Cabinet,Director of Personnel or Commissioner of Police;(e) the office of Ambassador, High Commissioner or otherprincipal representative of Kenya in another country.(f) an office to which section 69 (which relates to officeswithin the jurisdiction of the Judicial Service Commission)applies; or(g) an office in the Kenya Police Force to which section 108(2) (b) applies.Appointment, etc., ofmembers of KenyaPolice Force.108. (1) The power to appoint a person to hold or act in theoffice of Commissioner of Police shall vest in the President.(2) The power to appoint persons to hold or act in offices in theKenya Police Force (except the office of Commissioner of Police),including the power to confirm appointments, the power to exercisedisciplinary control over persons holding or acting in those offices andthe power to remove those persons from office shall vest -(a) in the case of offices of or above the rank of AssistantInspector, or such rank other than the rank of AssistantInspector as may be specified for the purposes of this sectionby or under an Act of Parliament, in the Public Service
Rev. 2009]Constitution of Kenya 91Commission;(b) in the case of offices below the rank of Assistant Inspector,or such other rank as may be specified as aforesaid, in theCommissioner of Police:Provided that -(i) the Commission may, by directions in writing and subjectto such conditions as it thinks fit, delegate any of itspowers under this section to any one or more membersof the Commission or to the Commissioner;(ii) the Commissioner may, by directions given in suchmanner as he thinks fit and subject to such conditions ashe thinks fit, delegate any of his powers under this sectionto any member of the Kenya Police Force.109. (1) The Attorney-General shall be appointed by thePresident.(2) If the office of Attorney-General is vacant or if the Attorney-General is for any reason unable to exercise the functions of his office,the President may appoint a person to act as Attorney-General, anda person so appointed shall, subject to subsections (4), (6) and (8),continue to act until a person has been appointed to the office ofAttorney-General and has assumed the functions of that office or, as thecase may be, until the person in whose place he is acting has resumedthose functions.(3) A person shall not be qualified to be appointed to hold or toact in the office of Attorney-General unless he holds and has held for atotal period of not less than five years one or other of the qualificationsspecified in paragraphs (a), (b), (c) and (d) of section 12 (1) of theAdvocates Act as in force on 12 th December, 1963.Attorney-General.14 of 1986, s.4,17 of 1990, s.6.Cap. 16 (1986).(4) Subject to subsection (6), the Attorney-General shall vacate hisoffice when he attains such age as may be prescribed by Parliament.(5) The Attorney-General may be removed from office only forinability to exercise the functions of his office (whether arising frominfirmity of body or mind or any other cause) or for misbehaviour, andshall not be removed except in accordance with this section.(6) The Attorney-General shall be removed from office by thePresident if the question of his removal from office has been referredto a tribunal appointed under subsection (7) and the tribunal has
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