|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|107. Appointment, etc., of public officers.|
|Public Service Commission.||Appointment, etc., of members of Kenya Police Force.|
|Appointment, etc., of public officers. 7 of 1982, s. 8 7 of 1984, s. 5.||107. (1) Subject to this Constitution, the power to appoint persons to hold or act in offices in the public service and in the service of local authorities (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in those offices and the power to remove those persons from office shall vest in the Public Service Commission:
Provided that the Commission may, with the approval of the President and subject to such conditions as it thinks fit, by directions in writing, delegate any of its powers under this section to any one or more of its members or to any officer in the public service or, in the case of appointments to the service of local authorities, to particular local authorities.
(2) Subject to this section and section 106 (12), provision may be made by or under an Act of Parliament for prescribing the manner of the exercise of the functions of the Public Service Commission under this section and for any matters incidental or supplementary to the exercise of those functions.
(3) No person shall be appointed under this section to or to act in an office on the personal staff of the President except with the concurrence of the President.
(4) Subsection (1) shall not apply in relation to any of the following offices in the public service -
(a) the office of a judge of the High Court or the Court of Appeal;
(b) the office of Attorney-General;
(c) the office of Controller and Auditor-General;
(d) so far as relates to appointments there to 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 other principal representative of Kenya in another country.
(f) an office to which section 69 (which relates to offices within the jurisdiction of the Judicial Service Commission) applies; or
(g) an office in the Kenya Police Force to which section 108 (2) (b) applies.