The Public Service Commission Delegation of Powers and Functions under Parts IV and V of the Act

Legal Notice 123 of 2003

This is the latest version of this Legal Notice.
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LAWS OF KENYA

PUBLIC OFFICER ETHICS ACT

THE PUBLIC SERVICE COMMISSION DELEGATION OF POWERS AND FUNCTIONS UNDER PARTS IV AND V OF THE ACT

LEGAL NOTICE 123 OF 2003

  • Published in Kenya Gazette Vol. CV—No. 80 on 8 August 2003
  • Commenced on 8 August 2003
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This delegation may be cited as the Public Service Commission Delegation of Powers and Functions under Parts IV and V of the Act.

2. Interpretation

In this delegation—"authorized officer” means the Permanent Secretary who exercises supervision over the department concerned or over the department in which the public officer concerned holds a post, as the case may be, or—
(a)in the case of a department which is not assigned to any Minister, the head of that department;
(b)in the case of the Exchequer and Audit Department, the Controller and Auditor-General;
(c)in the case of the Kenya Police Force, the Inspector-General of Police;
(d)in the case of the Kenya Prisons Service, the Commissioner of Prisons; or
(e)in the case of the National Youth Service, the Director-General of the National Youth Service;
"Commission” means the Public Service Commission;"lower-level public officers” means public officers in a job group below job group “H” or its equivalent.

3. Delegation – Parts IV and V of the Act

(1)The Commission delegates the following powers and functions with respect to lowerlevel public officers—
(a)its powers and functions under Part IV of the Act, other than section 33 of the Act;
(b)its powers and functions under Part V of the Act.
(2)The powers and functions described in paragraph (1) are delegated as follows—
(a)in respect of lower-level public officers, other than public officers described in subparagraph (b) or (c), to the authorized officer;
(b)in respect of lower-level public officers of a state corporation, to the chief executive officer of the state corporation;
(c)in respect of lower-level public officers of a local authority, to the clerk of the local authority.
(3)The exercise of the powers and functions delegated under paragraph (1)(a) is subject to—
(a)the procedures for the administration of Part IV of the Act established by the Commission under section 33 of the Act; and
(b)such instructions as the Commission may, from time to time, issue.
(4)The exercise of the powers and functions delegated under paragraph (1)(b) is subject to such instructions as the Commission may, from time to time, issue.
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History of this document

31 December 2022 this version
08 August 2003