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LAWS OF KENYA The Service commiSSionS AcT Chapter 185 Revised Edition 2009 (1985) Published by the National Council for Law Reporting with the Authority of the Attorney General CAP2.

185 Service Commissions [Rev.

2009 CHAPTER 185 THE SERVICE COMMISSIONS ACT arraNGeMeNt OF SeCtIONS Section 1Short title.

2Interpretation.

3Appointment of secretaries and staff of Commission.

4Remuneration of members of Commission.

5Oath of members of Commission.

6Penalty for false information to Commission.

7Communications of Commission privileged.

8Protection of members of Commission.

9Disclosure of information to unauthorized persons prohibited.

10Penalty for attempting to inuence Commission.

11Attorney-Generals consent to prosecution.

12Offences cognizable.

12ASuperannuation fund.

13Regulations.

SCheduleS Rev.

2009] Service Commissions CAP.

185 3 CHAPTER 185 62 of 1954, THE SERVICE COMMISSIONS ACT 48 of 1955, 26 of 1958, 19 of 1961, Commencement: 1st January 1955 36 of 1962, 21 of 1966, An Act of Parliament to make provision for the Public Service Commission L.N.

725/1961, of Kenya and the Judicial Service Commission as established under L.N.

401/1963, the Constitution of Kenya L.N.

28/1964, 2 of 2002, 7 of 2007.

This Act may be cited as the Service Commissions Act.

Short title.

L.N.401/1963.

In this Act, except where the context otherwise requires Interpretation.

Commission means the Public Service Commission or the 48 of 1955, s.

2, 26 of 1958, s.

2, Judicial Service Commission as established under the Constitution of L.N.

401/1963, Kenya; L.N.

28/1964.

member, in relation to a Commission, includes where appropriate the chairman, the deputy chairman and a person designated or appointed as a member under the Constitution, and any person for the time being appointed to act as a member of the Commission; public ofce means a paid ofce as a civil servant of the Government, not being the ofce of a member of a Commission, or a part-time ofce, or an ofce the emoluments of which are payable at an hourly or daily rate; public ofcer means a person holding a public ofce otherwise than as a part-time ofcer.

(1) A Commission may appoint a person, whether or not a Appointment of public ofcer, to be the secretary of that Commission and may appoint secretaries and staff other staff necessary for the discharge of the Commissions functions.

of Commission.

L.N.

28/1964, (2) Nothing in subsection (1) shall preclude the appointment of a2 of 2002, Sch.

person to be secretary of more than one Commission, or the appointment of other staff to similar ofces in more than one Commission.

(3)The secretary of a Commission shall not be a member of such Commission or have any vote in its deliberations.

(4) All salaries and expenses incurred by a Commission in the discharge of its functions shall be payable out of moneys provided by CAP4.

185 Service Commissions [Rev.

2009 Parliament.

Remuneration 4.

The members of the Public Service Commission and the of members of Judicial Service Commission shall be paid, out of moneys provided Commission.

by Parliament, such remuneration and allowances as may from time to L.N.

28/1964.

time be approved by Parliament.

Oath of members of 5.

(1) The members of a Commission shall, on rst appointment, Commission.

take an oath in the form in the First Schedule.

L.N.

401/1963.

(2) The secretary, and such other ofcers of a Commission as the chairman may require so to do, shall, on rst appointment, take an oath in the form in the Second Schedule.

(3) Where any person required to take an oath has no religious belief or the taking of an oath is contrary to his religious belief, he may make and subscribe a solemn afrmation in the form of the oath appointed substituting the words solemnly and sincerely declare and afrm for the word swear and omitting the words So help me God.

(4) Every oath or afrmation taken by a member of a Commission shall be administered by a judge or where there is no judge resident in a province by a magistrate empowered to hold a subordinate court of the rst class, and every oath or afrmation taken by the secretary or any other ofcer of a Commission shall be administered by the chairman of the Commission.

Penalty for false 6.

Without prejudice to any other law, any person who, in information to connexion with an application by himself or any other person for Commission.

employment or appointment, promotion or transfer in the service of the L.N.

401/1963.

Government, or in connexion with any matter upon which it is the duty of a Commission to require information or evidence, or into which it is the duty of the Commission to inquire, wilfully gives to a Commission or to any member thereof any information which is false or misleading in any material particular shall be guilty of an offence and liable to a ne not exceeding four thousand shillings or to imprisonment for a term not exceeding two years, or to both such ne and such imprisonment.

Communications 7.

No person shall in any legal proceedings be permitted or of Commission compelled to produce or disclose any communication, written or oral, privileged.

which has taken place between a Commission, or any member or 21 of 1966, 1st Sch., ofcer thereof, and the Government, or the President, or a Minister, or L.N.725/1961, any ofcer of the Government, or between any member or ofcer of aL.N.401/1963, Commission and its chairman, or between any members or ofcers of L.N.28/1964.

a Commission, in exercise of, or in connexion with the exercise of, the functions of a Commission, unless the President consents in writing to Rev.

2009] Service Commissions CAP.

185 5 such production or disclosure.

Every member of a Commission shall have such and the like Protection of protection and privileges in case of any action or suit brought against members of him for any act done or omitted to be done in the execution of his duties Commission.

under this Act or any regulations made thereunder as is by law given to a magistrate acting in the execution of his ofce.

(1) Without prejudice to any other law, no member or ofcer Disclosure of of a Commission nor any other person shall without the consent in information to writing of the President publish or disclose to any unauthorized person unauthorized persons or otherwise than in the course of duty the contents or any part of the prohibited.

contents of any document, communication or information whatsoever L.N.725/1961, which has come to his knowledge in the course of his duties under this L.N.401/1963.

Act or under any regulation made thereunder; and any person who knowingly acts in contravention of this section shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding one year, or to both such ne and such imprisonment: Provided that this subsection shall not apply in relation to the interchange of information between Commissions.

2) Without prejudice to any other law, if any person having possession of any information which to his knowledge has been published or disclosed in contravention of subsection (1) of this section publishes or communicates to any other person, otherwise than for the purpose of any prosecution under this Act or in the course of his duty, any such information, he shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding one year, or to both such ne and such imprisonment.

10.

Without prejudice to any other law, every person who Penalty for otherwise than in the course of his duty directly or indirectly by himself attempting or by any other person in any manner whatsoever inuences or attempts to inuence to inuence any decision of a Commission or of any member thereof Commission.

shall be guilty of an offence and liable to a ne not exceeding four thousand shillings or to imprisonment for a term not exceeding two years, or to both such ne and such imprisonment : Provided that nothing in this section shall prohibit any person from giving a certicate or testimonial to any applicant or candidate for any public ofce or from supplying any information or assistance upon formal request made by a Commission.

CAP6.

185 Service Commissions [Rev.

2009 Attorney-Generals 11.

A prosecution in respect of an offence under this Act shall not consent to be instituted except by, or with the consent of, the Attorney-General: prosecution.

Provided that a warrant for the arrest of a person charged with such an offence may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

Offences cognizable.

12.

Offences under this Act shall be cognizable to the police.

Superannuation fund.

12A.

A Commission shall have power to establish a superannuation 7 of 2007,Sch.

fund for the benet of its ofcers in accordance with the provisions of No.

3 of 1997.

the Retirement Benets Act, 1997, and may for that purpose prescribe rules for the management and control of the fund.

Regulations.

13.

A Commission may make regulations for prescribing L.N.245/1963, anything which by virtue of this Act or the Constitution is to be or may L.N.401/1963.

be prescribed and generally for the better carrying out of the purposes of such Commission.

FIrSt SChedule (S.

5 (1)) L.N.401/1963.

Oath OF MeMber OF a COMMISSION I.

having been appointed as Chairman [Deputy Chairman] [a Member] of the.

Service Commission, do swear that I will without fear or favour, affection or ill-will, discharge the functions of the ofce of Chairman [Deputy Chairman] [a Member] of the Service Commission, and that I will not, directly or indirectly, reveal any matter relating to such functions to unauthorized persons or otherwise than in the course of duty.

So help me God.

Sworn/Declared before me this.

day of 19.

Judge of the High Court/ Magistrate.

Rev.

2009] Service Commissions CAP.

185 7 SECOND SCHEDULE (s.

5 (2)) L.N.401/1963.

Oath OF OFFICer OF a COMMISSION I.

being called upon to exercise the functions of secretary [ofcer] of the.

Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as an ofcer of the Commission.

So help God.

Sworn/Declared before me this.

day of.

19.

Chairman,.

Service Commission.

CAP8.

185 Service Commissions [Rev.

2009 [Subsidiary] L.N.

163/1966, SUBSIDIARY LEGISLATION L.N.

208/1991.

Regulations under section 13 THE JUDICIAL SERVICE COMMISSION REGULATIONS part IprelIMINary Citation.

These Regulations may be cited as the Judicial Service Commission Regulations.

Interpretation.

In these Regulations the Chairman means the chairman of the Commission; the Commission means the Judicial Service Commission established under section 68 of the Constitution; ofcer means any person holding or acting in any of the ofces specied in section 69(3) of the Constitution; ofcial document means any document or paper prepared by any public ofcer in the course of his employment or any document or paper which comes into the custody of any public ofcer in the course of such employment; promotion means the conferment upon a person in the public service of an ofce to which is attached a higher salary or higher salary scale than that attached to the ofce to which he was last substantively appointed; public ofcer means any person holding or acting in any public ofce; seniority means the relative authority of ofcers and, except as may be otherwise provided by the Commission or in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows (a) as between ofcers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any ofcers who entered that grade on the same day by reference to their seniority on the day immediately preceding that day; (iii) if any ofcer who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion- from a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to Rev.

2009] Service Commissions CAP.

185 9 their respective ages.

[Subsidiary] (b) as between ofcers of different grades on the same salary scale or the same at rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between ofcers of different grades on different salary scales, by reference to the maximum point on their salary scales, a at rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the at rate: Provided that when assessing the seniority of a pensionable ofcer, service by himself or any other person in a non-pensionable capacity shall not be taken into account: transfer means the conferment, whether permanently or otherwise, of some ofce other than that to which the person concerned was last substantively appointed, not necessarily being a promotion; but the posting or secondment of a public ofcer between duty posts in the same grade in the public service shall not be regarded for this purpose as a transfer.

part IIGeNeral 3.

Decisions may be made by the Commission without a meeting by Decisions may be circulation of the expression of their views in writing, but any member shall made by circulation be entitled to require that any such decision shall be deferred until the subject of papers.

matter shall be considered at a meeting of the Commission.

Any member who dissents from a decision of the Commission shall Dissent by members.

be entitled to have his dissent and his reasons therefor set out in the records of the Commission.

A record shall be kept of the members present and of the business Record of meetings.

transacted at every meeting of the Commission.

(1) The Commission may require any public ofcer to attend and give Commission may information before it concerning any matter which it is required to consider in require attendance exercise of its functions.

and production of documents.

(2) The Commission may require the production of any ofcial document relevant to any exercise of its functions, and any public ofcer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission.

(3) Any public ofcer who without reasonable excuse fails to appear before the Commission when notied to do so, or who fails to comply with any request lawfully and properly made by the Commission, shall be guilty of a breach of discipline and the Commission may direct the person responsible for initiating disciplinary proceedings against such public ofcer that disciplinary proceeding should be instituted against him.

CAP10.

185 Service Commissions [Rev.

2009 [Subsidiary] (4) Notwithstanding paragraphs (1), (2) and (3) a public ofcer may withhold information on any matter or production of an ofcial document when directed by the President in writing to do so.

Correspondence.

All correspondence for the Commission shall be addressed to the Secretary or, in special cases, to the Chairman.

part IIIappOINtMeNtS, prOMOtIONS, traNSFerS, CONFIrMatIONS aNd terMINatIONS Notication of 8.

The Chairman shall by administrative directions made in his capacity vacancies.

as Chief Justice ensure that he is informed of all vacancies which concern the Commission.

Advertisement of 9.

(1) Subject to paragraph (2), applications for appointment to vacancies shall vacancies.

be invited by public advertisement in such manner as the Commission may determine.

(2) A vacancy need not be advertised where (a) the Commission is satised that the vacancy should be lled by the appointment or reappointment of a public ofcer held against the establishment of the Judicial Department or by the continued employment of a public ofcer on temporary terms; or (b) the Commission is satised that there is no reasonable likelihood of any application being received in response to advertisement in Kenya from a candidate who is likely to be qualied.

(3) Where in the opinion of the Commission it is likely that a suitable public ofcer will be found in some Ministry or department other than the Judicial Department, it may invite applications from serving ofcers only.

Criteria concerning 10.

(1) In selecting candidates for appointment, promotion and transfer, appointments.

the Commission shall have regard to the efciency of the judiciary and, in considering the claims of public ofcers for promotion, merit and ability shall be taken into account as well as seniority, experience and ofcial qualications; and as between public ofcers qualications, proved merit and suitability for the vacancy in question, will be given greater weight than seniority.

(2) When considering candidates for promotion, the Commission shall inquire as to the relative seniority of the candidates.

Probationary 11.

The Chairman shall by administrative directions made in his capacity appointments.

as Chief Justice ensure that he is informed of the impending expiration of a probationary period not less than three months before the expiration of that period.

Further engagement 12.

The Chairman shall by administrative directions made in his capacity on contract.

as Chief Justice ensure that where an ofcer is serving on contract and is willing to engage for a further term of service he, the Chairman, is informed of that fact as soon as possible before the expiration of the contract.

Rev.

2009] Service Commissions CAP.

185 11 [Subsidiary] 13.

(1) If it appears to the Chief Justice that there is reason why a Compulsory pensionable ofcer should be called on to retire on the ground that he has retirement on reached the age at which he can lawfully be required to retire under the pensions reaching retiring age.

laws, the Chief Justice shall cause that ofcer to be advised that his compulsory retirement is under consideration and to be asked if he wishes to make any representations against such retirement; and if any such representations are made they shall be placed before the Commission and the Commission shall decide whether such ofcer should be called upon to retire.

(2) The Commission shall notify the ofcer concerned of its decision and, if the ofcer is to be retired, the Pensions Branch of the Treasury shall also be informed.

(3) An ofcer whose compulsory retirement is under consideration under this regulation shall, where possible, be given the option to retire voluntarily.

14.

(1) Where it appears to the Chief Justice that an ofcer is incapable Retirement on by reason of any inrmity of mind or body or discharging the functions of his grounds of ill health.

ofce, he may (and shall if the ofcer so requests) call upon such ofcer to present himself before a medical board (which shall be appointed by the Chief Medical Ofcer) with a view to it being ascertained whether or not such ofcer is capable as aforesaid.

(2) After the ofcer has been examined the Chief Medical Ofcer shall forward the medical boards proceedings, together with his comments thereon, to the Chief Justice who in return shall lay them, together with any representations of a personal nature which the ofcer desires to make, before the Commission.

(3) Unless the Commission considers that further inquiry is necessary, in which case it shall cause such inquiry to be made, it shall decide forthwith whether the ofcer should be called upon to retire on the grounds of ill health.

(4) The decision of the Commission shall be notied to the ofcer and, if he is to be retired on the grounds of ill health, the Pensions Branch of the Treasury shall also be notied.

15.

Where the Commission is satised that the public interest requires Special procedure.

that any matter relating to the appointment, promotion, transfer, secondment or conrmation in his appointment of an ofcer be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

part IVdISCIplINe 16.

(1) The following disciplinary powers vested in the Commission are Delegation of delegated to the Chief Justice powers.

CAP12.

185 Service Commissions [Rev.

2009 [Subsidiary] (a) the power to interdict an ofcer under regulation 17; (b) the power to suspend an ofcer under regulation 18; (c) the power to administer a severe reprimand or a reprimand to an ofcer.

(2) The Chief Justice when exercising the powers delegated to him by this regulation shall act in accordance with these Regulations and in accordance with any other appropriate regulation which may be in force.

Interdiction.

17.

(1) If in any case the Chief Justice is satised that the public interest requires that an ofcer should cease forthwith to exercise the powers and functions of his ofce, he may interdict the ofcer from the exercise of those powers and functions, provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.

(2) An ofcer who is interdicted shall receive such salary, not being less than half his salary, as the Chief Justice shall think t.

(3) Where disciplinary or criminal proceedings have been taken or instituted against an ofcer under interdiction and such ofcer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) of this regulation shall be restored to him upon the termination of such proceedings.

(4) If any punishment other than dismissal is inicted, the ofcer may be refunded such proportion of the salary withheld as a result of his interdiction as the Commission shall decide.

(5) An ofcer who is under interdiction may not leave his station without the permission of the Chief Justice or of any ofcer who is empowered to give such permission on behalf of the Chief Justice.

(6) For the purposes of this regulation and regulation 18 of these Regulations salary means basic salary and, where applicable, includes inducements or overseas allowance.

Suspension.

18.

(1) Where an ofcer has been convicted of a serious criminal offence, other than such as are referred to in regulation 29 (2), the Chief Justice may suspend the ofcer from the exercise of the functions of his ofce pending consideration of his case under these Regulations.

(2) The Chief Justice may suspend from the exercise of the functions of his ofce an ofcer against whom proceedings for dismissal have been taken if, as a result of those proceedings, he considers that the ofcer ought to be dismissed.

(3) While an ofcer is suspended from the exercise of the functions of his ofce under this regulation, he shall not be entitled to any salary: Rev.

2009] Service Commissions CAP.

185 13 [Subsidiary] Provided that the Chief Justice may, if he thinks t, direct that any suspended ofcer shall be granted an alimentary allowance in such amount and on such terms as he may determine.

(4) An ofcer who is suspended may not leave his station without the permission of the Chief Justice or of any ofcer who is empowered to give such permission on behalf of the Chief Justice.

19.

(Repealed by L.N.

208 of 1991.) 20.

(1) The following are the punishments which may be inicted Punishments.

on an ofcer as a result of disciplinary proceedings under this Part of these Regulations (a) dismissal; (b) stoppage of increment; (c) withholding of increment; (d) deferment of increment; (e) severe reprimand and reprimand; (f) recovery of the cost or part of the cost of any loss or breakage caused by default or negligence, provided no such cost has been recovered by surcharge action under the appropriate nancial instructions or regulations.

(2) Nothing in this regulation shall limit the powers conferred by these Regulations to require an ofcer to retire from the public service on the grounds of public interest.

(3) No punishment shall be inicted on any ofcer which would be contrary to any law for the time being in force.

21.

(1) Notwithstanding any other provisions of these Regulations, the Reprimand by Chief Chief Justice may, without reference to the Commission, after investigation and Justice.

after giving the ofcer concerned an opportunity for making his defence (which shall be recorded), administer to an ofcer a severe reprimand or reprimand.

(2) The Chief Justice, when exercising the powers referred to in this regulation, shall act in accordance with these Regulations.

22.

Where an ofcer is absent from duty without leave or reasonable Absence from duty cause for a period exceeding twenty-four hours and the ofcer cannot be without leave.

traced within a period of ten days from the commencement of such absence, or if traced no reply to a charge of absence without leave is received from him within ten days after the dispatch of the charge to him, the Commission may summarily dismiss him.

23.

Subject to any other law, an ofcer who is dismissed shall forfeit all Pension rights and rights or claims to a pension, gratuity, annual allowance or other retiring award, and privileges lost on any rights or claims he enjoys in regard to leave or passages at the public expense.

dismissal.

CAP14.

185 Service Commissions [Rev.

2009 [Subsidiary] Copies of 24.

(1) An ofcer in respect of whom disciplinary proceedings are to be proceedings.

held under this Part shall be entitled to receive a free copy of any documentary L.N.

208/1991.

evidence relied on for the purpose of the proceedings, or to be allowed access to it.

(2) The ofcer may also be given a copy of the evidence (including documents tendered in evidence) after the proceedings are closed, on payment of ve shillings per page of each document tendered in evidence: Provided that he shall not be entitled to copies of ofce orders, minutes, reports or recorded reasons for decisions.

25.

Where proceedings have been taken against an ofcer, the ofcer shall Ofcer to be informed of decision.

be informed of the ndings on each charge which has been preferred against him and of the punishment (if any) to be inicted upon him.

Proceedings for 26.

(1) Where the Chief Justice after such inquiry as he may think t dismissal.

to make considers it necessary to institute disciplinary proceedings against an ofcer on the ground of misconduct which, if proved, would in his opinion justify dismissal, he shall frame a charge or charges against the ofcer and shall forward a statement of the said charge or charges to the ofcer together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and shall invite the ofcer to state in writing should he so desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(2) If the ofcer does not furnish a reply to the charge or charges within the period specied, or if in the opinion of the Chief Justice he fails to exculpate himself, the Chief Justice shall cause copies of the statement of the charge, or charges, and the reply, if any, of the ofcer to be laid before the Commission, and the Commission shall decide whether the disciplinary proceedings should continue or not.

(3) (a) If it is decided that the disciplinary proceedings should continue, the Commission shall appoint a subcommission to investigate the matter consisting of two or more persons who shall be persons to whom the Commission may by virtue of section 69(2) of the Constitution delegate its powers.

(b) The Chief Justice shall not be a member of the subcommission, but if puisne judges of the High Court has been designated as members of the Commission under section 68(1) of the Constitution they may be members of the subcommission.

(4) The subcommission shall inform the ofcer that on a specied day the charges made against him will be investigated and that he shall be allowed or, if the subcomission so determine, shall be required to appear before it to defend himself.

(5) If witnesses are examined by the subcommission, the ofcer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(6) The Attorney-General shall if requested by the Commission direct a Rev.

2009] Service Commissions CAP.

185 15 [Subsidiary] legally qualied ofcer from the Ofce of the Attorney-General to present to the subcommission the case against the ofcer concerned.

(7) The subcommission shall permit the accused ofcer to be represented by an advocate.

(8) If during the course of the investigation grounds for the framing of additional charges are disclosed, the Chief Justice shall follow the same procedure as was adopted in framing the original charges.

(9) The subcommission, having investigated the matter, shall forward its report thereon to the Commission together with the record of the charges framed, the evidence led, the defence and other proceedings relevant to the investigation; and the report of the subcommission shall include (a) a statement whether in the subcommissions judgement the charge or charges against the ofcer have been proved and the reasons therefor; (b) details of any matters which in the subcommissions opinion aggravate or alleviate the gravity of the case; and (c) a summing up and such general comments as will indicate clearly the opinion of the subcommission on the matter being investigated; but the subcommission shall not make any recommendation regarding the form of punishment to be inicted on the ofcer.

(10) The Commission, after consideration of the report of the subcommission, shall, if it is of the opinion that the report should be amplied in any way or that further investigation is desirable, refer the matter back to the subcommission for further investigation and report.

(11) The Commission shall consider the report and shall decide on the punishment, if any, which should be inicted on the ofcer or whether he should be required to retire in the public interest.

27.

(1) Where the Chief Justice, after preliminary investigation, considers Proceedings for it necessary to institute disciplinary proceedings against an ofcer to whom this misconduct not regulation applies but is of the opinion that the misconduct alleged, if proved, warranting dismissal.

would not be serious enough to warrant dismissal, he shall forward to the ofcer a statement of the charge or charges against him and shall invite him to state in writing should he so desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(2) If the ofcer does not furnish a reply within the period specied or does not, in the opinion of the Chief Justice, exculpate himself, the Chief Justice shall cause copies of the statement of the charge, or charges, and the reply, if any, of the ofcer to be laid before the Commission.

(3) If, on consideration of the report, including the grounds, if any, CAP16.

185 Service Commissions [Rev.

2009 [Subsidiary] on which the ofcer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any (other than dismissal), which should be inicted on the ofcer.

(4) If the Commission is of the opinion that the matter should be further investigated, it shall request the Chief Justice to cause further investigations to be made.

(5) Any such investigation shall normally be undertaken by the Registrar or by an ofcer senior to the ofcer accused.

(6) In an investigation under this regulation an ofcer to whom this regulation applies shall be entitled to know the whole case against him and shall be given an adequate opportunity of making his defence.

(7) The Chief Justice shall bring the results of any such investigation before the Commission, and unless the Commission requests the Chief Justice to make yet further inquiry the Commission shall decided on the punishment, if any (other than dismissal), which should be inicted on the ofcer, or whether he should required to retire in the public interest.

(8) Notwithstanding this regulation, if at any stage during the proceedings taken under it before nal submission to the Commission (a) it appears to the Chief Justice that the offcence, if proved, would justify dismissal; or (b) the Chief Justice considers that proceedings for the retirement of the ofcer on grounds of public interest would be more appropriate.

such proceedings shall be discontinued and the procedure in regulation 26 or regulation 28, as the case may be, shall be followed.

(9) Where a reference is made to the Commission under this regulation it shall, if it considers that proceedings should be instituted under regulation 26 of these Regulations, direct the Chief Justice accordingly and thereupon the proceedings under this regulation shall be discontinued.

Retirement on 28.

(1) If the Chief Justice, after having considered every report in his grounds of public interest.

possession made with regard to an ofcer, is of the opinion that it is desirable in the public interest that the service of such ofcer should be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the ofcer, in writing, specifying the complaints by reason of which his retirement is contemplated together with the substance of any report or part thereof that is detrimental to the ofcer.

(2) If, after giving the ofcer an opportunity of showing cause why he should not be retired in the public interest, the Chief Justice is satised that the ofcer should be required to retire in the public interest, he shall lay before the Commission a report on the case, the ofcers reply and his own Rev.

2009] Service Commissions CAP.

185 17 [Subsidiary] recommendation, and the Commission shall decide whether the ofcer should be required to retire in the public interest.

(3) When an ofcer is retired in the public interest, the Pensions Branch of the Treasury shall be furnished with full details of the case by the Chief Justice.

Ofcer convicted of 29.

(1) If an ofcer is convicted of a criminal offence which in the opinion criminal offence.

of the Chief Justice warrants disciplinary proceedings he shall lay a copy of the charge and of the judgment and sentence and of any judgment or order made on appeal or in revision before the Commission, and the Commission shall decide whether the ofcer should be dismissed or subjected to any of the other punishments mentioned in these Regulations.

(2) For the purposes of this regulation, proceedings for minor offences, Cap.

403.

such as those under the Trafc Act and by-laws, may be disregarded, and disciplinary proceedings should normally be conned to proceedings under Cap.

63.

the Penal Code and other Acts where a prison sentence may be imposed other than in default of payment of a ne.

partV 30.

Where under these Regulations Services of notices, etc.

(a) it is necessary either (i) to service any notice, charge or other document upon an of- cer; or (ii) to communicate any information to any public ofcer having absented himself from duty; (b) it is not possible to effect such service upon or communicate such information to such ofcers personally, it shall be sufcient if such notice, charge or other document, or a letter containing such information, is sent by registered post addressed to his usual or last known place of address or post ofce box.

31.

Any case not covered by these Regulations shall be dealt with in Cases not covered by accordance with such instructions as the Commission may from time to time Regulations.

issue.

CAP18.

185 Service Commissions [Rev.

2009 [Subsidiary] THE PUBLIC SERVICE COMMISSION L.N.

48/1965, L.N.

127/1973, REGULATIONS, 2005 L.N.

104/1979, L.N.

70/1984, L.N.

101/1984, L.N.

208/1991, L.N.

215/1991, L.N.

217/1991, L.N.

166/1995, L.N.

32/1998, L.N.

99/1998, L.N.

100/1998, L.N.

58/1999, L.N.

59/1999, L.N.

153/1999, part I prelIMINary L.N.

26/2001, L.N.

148/2002, L.N.

28/2005.

L.N.

45/2010.

Citation and 1.

(1) These Regulations may be cited as the Public Service Commission application.

Regulations, 2005.

(2) These Regulations shall apply to all public ofces to which the Commissions constitutional powers and functions as set out in section 107 of the Constitution apply, other than ofces in the Kenya Police Force, the Kenya Prisons Service and local authorities.

Interpretation.

(1) In these Regulations, unless the context otherwise requires- authorized ofcer means (a) the Permanent Secretary who exercises supervision over the ministry concerned, or over the ministry in which the public ofcer concerned holds an ofce, as the case may be; or (b) in the case of a department which is not assigned to any Minister, the head of that department; or (c) in the case of the National Audit Ofce, the Controller and Auditor- General, and includes any other public ofcer appointed by the Commission to be an authorized ofcer for the purposes of these Regulations; the Chairman means the person appointed under section 106 of the Constitution as the chairman of the Commission and includes the Deputy Chairman or a member of the Commission who acts as the chairman of the Commission in accordance with subsection (10) of that section; the Commission means the Public Service Commission established Rev.

2009] Service Commissions CAP.

185 19 under section 106 (1) of the Constitution; [Subsidiary] the Deputy Chairman means the person appointed under section 106 (1) of the Constitution as the deputy chairman of the Commission; disciplinary control includes control in so far as it relates to any of the punishments specied in regulation 25; member includes any person appointed as a member of the Commission under section 106 of the Constitution or any person for the time being appointed to act as a member under section 106 (11) of the Constitution; ofcial document means any document or paper prepared by any public ofcer in the course of his employment or any document or paper which comes into the custody of any public ofcer in the course of such employment; the Order means the Kenya Independence Order in Council, 1963; L.N.

718/1963.

pensions benets means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public ofcers, or to the widows, children, dependants or personal representatives of such persons, in respect of that service; pensionable public ofcer means any public ofcer who has been conrmed in a public ofce and admitted to the permanent and pensionable establishment; promotion means the conferment upon a person in the public service of an ofce to which is attached a higher salary or higher salary scale than that attached to the ofce to which he was last substantively appointed; public ofcer means any person holding or acting in any public ofce; the Secretary means the person appointed as secretary to the Commission under section 3(1) of the Act; seniority means the relative seniority of public ofcers and, except as may be otherwise provided by the Commission or in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows- (a) as between public ofcers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any public ofcers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; CAP20.

185 Service Commissions [Rev.

2009 [Subsidiary] (iii) if any public ofcers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages; (b) as between public ofcers of different grades on the same salary scale or the same at rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between public ofcers of different grades on different salary scales, by reference to the maximum point on their salary scales, a at rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the at rate: Provided that when assessing the seniority of a pensionable public ofcer, service by himself or any other person in a non-pensionable capacity shall not be taken into account; technical staff means a person who is a holder of a diploma or a tertiary certicate and who is registered or licensed by the prescribed Government authority as a precondition for undertaking the technical work pertaining to his academic qualication.

transfer means the conferment, whether permanently or otherwise, of some public ofce other than that to which the person concerned was last substantively appointed, not necessarily being a promotion; but the posting or secondment of a public ofcer between duty posts in the same grade in the public service shall not be regarded for this purpose as a transfer.

(2) Nothing in these Regulations empowering an authorized ofcer or any other person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

part IIGeNeral Decisions may be 3.

Decisions may be made by the Commission without a meeting by made by circulation circulation of the relevant papers among the members and the expression of of papers.

their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Commission.

Dissent by members 4.

Any member who dissents from a decision of the Commission shall be entitled to have his dissent and his reason therefor set out in the records of the Commission.

Record of meetings.

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

Rev.

2009] Service Commissions CAP.

185 21 [Subsidiary] 6.

and production of documents.

(4) Notwithstanding paragraphs (1), (2) and (3), a public ofcer may withhold information on any matter or production of an ofcial document when directed by the President in writing to do so.

All correspondence for the Commission shall be addressed to the Correspondence.

Secretary or, in special cases, to the Chairman.

The Commission shall, at the request of an authorized ofcer, hear Right of authorized him or his representative personally in connexion with any matter he has referred to the Commission.

ofcer to be heard.

part IIIappOINtMeNtS (INCludING aCtING appOINtMeNtS exCeedING a perIOd OF ONe MONth aNd teMpOrary appOINtMeNtS), prOMOtIONS, traNSFerS, CONFIrMatION OF appOINtMeNtS aNd terMINatION OF appOINtMeNtS (OtherwISe thaN by dISCIplINary prOCeedINGS).

(1) With the consent of the President, the following powers vested Delegation of powers in the Commission are, subject to these Regulations and to such instructions as the Commission may, from time to time issue, delegated to authorized to authorized ofcers.

ofcers (a) in respect of public ofces which have been assigned Job Groups A to L (i) the power of appointment, including acting appointment, promotion and transfer (but excluding the power of initial appointment or change of designation of public ofcers in Job Groups J,K or L and the appointment of technical staff to positions in Job Groups A to H); (ii) the power of extension of the probationary period of any such ofcer; (iii) the power to terminate the probationary appointment of any CAP22.

185 Service Commissions [Rev.

2009 [Subsidiary] such public ofcer under these Regulations and any other regulations which may be in force; (d) in respect of all public ofcers, irrespective of their Job Groups, the power of conrmation in appointment of any public ofcer appointed on probation; (e) in respect of public ofcers serving on written contracts or Letters of Temporary Appointment, the power to terminate, otherwise than by dismissal, in accordance with the provisions of a written contract or a Letter of Temporary Appointment, the appointment of a public ofcer serving on such contract or Letter of Temporary Appointment: Provided that nothing in these Regulations shall affect the power of the Commission to terminate the appointment of such public ofcer in accordance with a term or condition contained in his contract or Letter of Appointment.

(2) An authorized ofcer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.

(3) A public ofcer affected by the decision of the authorized ofcer under this regulation may, through the authorized ofcer, appeal to the Commission within fourty- two days from the date of receiving the decision appealed against.

(4) Notwithstanding the provisions of this regulation, the Commission may, when necessary institute an enquiry to determine whether or not the powers delegated under this regulation have been properly exercisedby the authorized ofcer.

Notication of vacancies.

10.

(1) An authorized ofcer exercising the powers conferred by regulation 9 (1) (a) (i) shall (a) at least twenty-one days before the exercise of the powers, notify the Commission of the vacancies or the particulars respecting the appointment or promotion or transfer, as the case may be; and (b) at least twenty-one days after exercising the powers, notify the Commission of the particulars of the public ofcer appointed or promoted or transferred, as the case may be.

(2) Where the authorized ofcer is not conferred with the delegated powers of appointment under regulation 9 and a vacancy occurs or it is known that a vacancy will occur, the authorized ofcer shall notify the Commission and the Commission shall take the appropriate steps to ll that vacancy.

Vacancies dependent on examinations.

11.

Where vacancies are to be lled according to the results of examinations held under the authority of the Commission, the Commission shall make such arrangements and issue such instructions as may be Rev.

2009] Service Commissions CAP.

185 23 [Subsidiary] appropriate.

Advertisement of 12.

(1) Subject to paragraph (2), applications for appointment to vacancies.

vacancies shall be invited by public advertisement in such manner as the Commission may determine.

(2) A vacancy need not be advertised where (a) the Commission is satised that the vacancy should be lled by the appointment or reappointment or re designation of a public ofcer held against the establishment of the ministry or department in which the vacancy exists or by the continued employment of a public ofcer on temporary terms; or (b) the Commission is satised that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualied.

(3) Where, in the opinion of the Commission, it would be likely to nd a public ofcer in some ministry or department or public body other than that in which the vacancy occurs, it may invite applications from serving public ofcers.

(4) Where an authorized ofcer is conferred with the delegated powers of appointment, the authorized ofcer shall exercise such powers in the manner determined by the Commission under paragraph (1).

13.

(1) In selecting candidates for appointment, promotion and transfer, Criteria concerning appointments.

the Commission shall have regard to the efciency of the public service and, in considering the claims of public ofcers for promotion, merit and ability shall be taken into account as well as seniority, experience and ofcial qualications; and as between public ofcers of equal ofcial qualications, proved merit and suitability for the vacancy in question, shall be given greater weight than seniority.

(2) Recommendations made to the Commission for promotion shall state whether the person recommended is the senior public ofcer in the department or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in that same department or grade over whom it is proposed that the person recommended should be promoted and the Commission shall make a decision (3) The provisions of paragraph(1) shall, with the necessary modications, apply to an authorized ofcer exercising delegated powers of appointment, promotion or transfer under these Regulations.

Probationary 14.

(1) Subject to regulation 9, where a public ofcer has been appointed appointments.

on probation the authorized ofcer shall, not less than three months before the expiration of the probationary period, inform the Commission whether in his opinion CAP24.

185 Service Commissions [Rev.

2009 [Subsidiary] (a) the probationary period should be extended so as to afford the public ofcer furtheropportunity to pass any examination, the passing of which is a condition of the conrmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the public ofcer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or (c) the public ofcers appointment should be terminated.

(2) The authorized ofcer shall not recommend the extension or termination of an appointment under subparagraph (b) or subparagraph (c) of paragraph (1) unless he has rst, by letter, informed the public ofcer of his intention and of the right of the public ofcer to make representations thereon within a period to be specied in such letter and required the public ofcer to acknowledge receipt of such letter in writing within that period; the authorized ofcer shall attach copies of all such correspondence to his recommendation.

(3) Notwithstanding paragraph (1) but subject to paragraph (2), the authorized ofcer may, at any time, recommend to the Commission that a probationary appointment be terminated.

Transfers.

15.

(1) Where it is desired to transfer a public ofcer in Job Group M or above from his present ministry or department to another ministry or department without change of designation or grading, the recommendations and comments of the authorized ofcers concerned shall be sent to the Commission, which shall decide whether the transfer should be approved.

(2) Where it is desired to transfer a public ofcer in Job Group M or above from his present ofce to another ofce of different designation but of similar grading, either in his own or in another ministry or department, the authorized ofcers concerned shall forward their recommendations and comments to the Commission, which shall decide whether the transfer should be approved.

(3) Nothing in this regulation shall apply to (a) the posting of public ofcers from one station to another in their substantive capacities within ministries or departments; or (b) the transfer between ministries or departments of public ofcers in any ofce which is common to departments generally, which shall be effected by the authorized ofcers concerned in consultation, where necessary, with the Director of Personnel Management.

Further engagement 16.

(1) Subject to regulation 9(1)(c), where a public ofcer is serving on contract.

on a written contract and is willing to engage for a further term of service, the authorized ofcer shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not.

Rev.

2009] Service Commissions CAP.

185 25 [Subsidiary] (2) So far as is practicable, every notication under paragraph (4) shall be forwarded to the Commission in sufcient time to enable the Commission to give its decision not less than three months before the public ofcers contract is due to expire.

17.

The regulations and procedures which apply to appointments and Acting appointments.

promotions shall also apply, where appropriate, to all acting appointments exceeding a period of one month, subject to such instructions as the Commission may, from time to time, issue.

18.

(1) If it appears to an authorized ofcer that there is reason why Compulsory a pensionable public ofcer should be called upon to retire from the public retirement on service on the grounds that he has reached the age at which he can lawfully reaching the be required to retire from the public service under the pensions legislation, the mandatory retirement authorized ofcer shall advise the public ofcer that his compulsory retirement age.

is under consideration and ask if he wishes to make any representations thereon.

(2) The authorized ofcer shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the public ofcer should be called upon to retire.

(3) On being advised of the decision of the Commission, the authorized ofcer shall notify the public ofcer and, if the public ofcer is to be retired, he shall notify the Pensions Branch of the Treasury.

(4) A public ofcer whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

19.

(1) Where it appears to an authorized ofcer that a public ofcer Retirement on is incapable by reason of any inrmity of mind or body of discharging the grounds of ill health.

functions of his public ofce, he may (and shall if the public ofcer so requests) call upon the public ofcer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the public ofcer is incapable as aforesaid.

(2) After the public ofcer has been examined, the Director of Medical Services shall forward the medical boards proceedings, together with his comments thereon, to the authorized ofcer, who in turn shall forward them, together with any representations which the public ofcer desires to make and his own recommendation, to the Commission.

(3) Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the authorized ofcer accordingly, it shall decide forthwith whether the public ofcer should be called upon to retire on the grounds of ill health.

(4) On being advised of the decision of the Commission, the authorized ofcer shall notify the public ofcer and, if the public ofcer is to be retired CAP26.

185 Service Commissions [Rev.

2009 [Subsidiary] on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

Retirement on 20.

(1) Where a public ofcer, who is one of a number of public ofcers holding similar public ofces, is to be retired, either abolition of ofce or on re-organization (a) on the abolition of the ofce he holds; or of a ministry or a department.

(b) upon the re-organization of the ministry or department in which he holds an ofce for better efciency or economy, but one or more of the such public ofcers is to remain in ofce, the authorized ofcer shall inform the public ofcer that his compulsory retirement is under consideration and invite him to make representations thereon, if any.

(2) The authorized ofcer shall forward the representations, if any, together with his own observations thereon to the Commission, and the Commission shall decide whether the public ofcer should remain in the ofce he holds in the public service or should be transferred or seconded to another department or ministry, or the ofcer should be retired on abolition of ofce or on reorganization of Government for greater efciency or economy.

(3) On being advised of the decision of the Commission, the authorized ofcer shall notify the public ofcer and, if the public ofcer is to be retired, he shall prepare and forward the ofcers pensions claims to the Pensions Branch of the Treasury.

(4) The provisions of this regulation shall not apply to any public ofcer who has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation in accordance with regulation 18.

(5) Any public ofcer dissatised with the decision of the Commission under this regulation may, in writing through his authorized ofcer, seek a review of the decision within forty-two days from the date of receiving the communication of the Commissions decision: Provided the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

Special procedure.

21.

Where the Commission is satised that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or conrmation in his appointment of a public ofcer be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

part IVdISCIplINe Delegation of powers 22.

(1) With the consent of the President, the following disciplinary powers vested in the Commission are, subject to these Regulations and to authorized ofcers.

to such instructions as the Commission may, from time to time issue, hereby delegated to authorized ofcers Rev.

2009] Service Commissions CAP.

185 27 [Subsidiary] (a) in respect of all public ofcers (i) the power to interdict any public ofcer under regulation 23; (ii) the power to suspend any public ofcer under regulation 24; (iii) the power to stop, withhold or defer a normal increment of any public ofcer or to inict a severe reprimand or a reprimand on him or to stop his pay or salary under regulation 26; (b) in respect of all public ofcers in Job Group L or below (i) the power of dismissal or reduction in rank or seniority in accordance with regulation 34: Provided that where the public ofcer, at the time of dis- missal proceedings, has qualied for pension, gratuity, annual allowance or other retiring award under the pension legislation, the authorized ofcer shall not exercise the delegated power to dismiss in accordance with regulation 34 but shall deal with the matter in accordance with regulation 35 (6); (ii) the power to inict any of the punishments mentioned in paragraph (1) of regulation 25 on a public ofcer who is con- victed in any court of a criminal offence in accordance with regulation 37.

(2) Any authorized ofcer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

23.

(1) If in any case an authorized ofcer is satised that the public Interdiction.

interest requires that a public ofcer should cease forthwith to exercise the powers and functions of his public ofce, he may interdict the public ofcer from the exercise of those powers and functions, provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.

(2) A public ofcer who is interdicted shall receive such salary, not being less than half his salary, as the authorized ofcer shall think t.

(3) Where disciplinary or criminal proceedings have been taken or instituted against a public ofcer under interdiction and such public ofcer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) shall be restored to him upon the termination of such proceedings.

(4) If any punishment other than dismissal is inicted, the public ofcer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide.

CAP28.

185 Service Commissions [Rev.

2009 [Subsidiary] (5) A public ofcer who is under interdiction may not leave his station without the permission of the authorized ofcer or of any public ofcer who is empowered to give such permission on behalf of the authorized ofcer.

(6) For the purpose of this regulation and regulation 24, salary means basic salary and, where applicable, includes inducement or overseas allowance.

Suspension.

24.

(1) Where a public ofcer has been convicted of a serious criminal offence, other than such as are referred to in regulation 37 (3), an authorized ofcer may suspend the public ofcer from the exercise of the functions of his public ofce pending consideration of his case under these Regulations.

(2) An authorized ofcer may suspend from the exercise of the functions of his public ofce, a public ofcer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the public ofcer ought to be dismissed.

(3) While a public ofcer is suspended from the exercise of the functions of his public ofce under this regulation, he shall not be entitled to any salary: Provided that the authorized ofcer may, if he thinks t, direct that any suspended public ofcer shall be granted an alimentary allowance in such amount and on such terms as he may determine.

(4) A public ofcer who is suspended may not leave his station without the permission of the authorized ofcer or of any public ofcer who is empowered to give such permission on behalf of the authorized ofcer.

Punishments.

25.

(1) The following are the punishments which may be inicted upon a public ofcer as a result of disciplinary proceedings under this Part (a) recovery of the cost or part of the cost of any loss or breakage caused by default or negligence, provided no such cost has been recovered by surcharge action under the appropriate nancial instructions or regulations; (b) reprimand (including severe reprimand); and (c) deferment of increment; (d) withholding of increment; (e) stoppage of increment; (f) reduction in rank or seniority; (g) dismissal.

(2) Nothing in this regulation shall limit the powers conferred by these Regulations to require a public ofcer to retire from the public service on the grounds of public interest.

Rev.

2009] Service Commissions CAP.

185 29 [Subsidiary] (3) No punishment shall be inicted on any public ofcer which would be contrary to any law.

26.

(1) Notwithstanding any other provisions of these Regulations, an Authorized authorized ofcer may, without reference to the Commission ofcer may inict (a) stop, withhold or defer a public ofcers normal increment for punishments.

a period not exceeding one year on the grounds of unsatisfactory service: Provided that, if the stoppage or deferment is recommended to be continued beyond one year, the matter shall be referred to the Commission for its decision; (b) after investigation and after giving the public ofcer an opportunity for making his defence (which shall be recorded), inict on a public ofcer a severe reprimand or a reprimand; or (c) stop from the pay or salary of a public ofcer who has been absent from duty without leave or lawful cause or reasonable excuse, an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year.

(2) An authorized ofcer exercising the powers conferred on him by this regulation shall act in accordance with regulation 32.

27.

Where a public ofcer is absent from duty without leave or reasonable Absence from duty or lawful cause for a period exceeding twenty-four hours and the public ofcer without leave.

cannot be traced within a period of ten days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from him within ten days after the despatch of the charge to him, the authority empowered to dismiss him may summarily dismiss him.

28.

Subject to any law for the time being in force, a public ofcer who Pension rights and is dismissed shall forfeit all rights or claims to a pension, gratuity, annual privileges lost on allowance or other retiring award, and any rights or claims he enjoys in regard dismissal.

to leave or passages at the public expense.

29.

(1) All acts of misconduct by public ofcers shall be dealt with under Disciplinary this Part as soon as possible after the time of their occurrence.

procedure.

(2) Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be instituted against a public ofcer, the Commission shall, notwithstanding any.

other provisions of these Regulations, direct the authorized ofcer to initiate such proceedings.

30.

An ofcer shall not be entitled to copies of ofce orders, minutes, Copies of ofce reports or recorded reasons for decisions.

orders, minutes, reports etc.

CAP30.

185 Service Commissions [Rev.

2009 [Subsidiary] Appeals and review.

31.

(1) Subject to section 13 of the Order, an appeal by a public ofcer shall lie to the Commission through the authorized ofcer concerned against an order made in accordance with this Part in relation to that public ofcer in disciplinary proceedings involving any of the punishments as mentioned in regulations 25 and 26 except that no appeal shall be entertained in any case unless it is received within forty-two days of the date upon which the decision is addressed to the public ofcer: Provided that the Commission may entertain an appeal out of time if, in the opinion of the Commission, the circumstances warrant it.

(2) The Commission shall entertain an appeal only once in respect of each case.

(3) A public ofcer may, within one year of the date upon which any decision of the Commission under this part is addressed to the public ofcer, apply for review and the application may be admitted if the Commission is satised that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

(4) An application to review a decision of the Commission made on review shall not be allowed.

(5) Notwithstanding the right of appeal or the right to apply for review conferred on a public ofcer by this regulation, disciplinary action shall not be deferred or suspended pending the determination of the appeal or the application for review.

Ofcer to be informed.

32.

Where proceedings have been taken against a public ofcer under this Part, he shall be informed by the authorized ofcer (a) of the ndings on each charge which has been preferred against him; (b) of the punishment, if any, to be inicted upon him; and (c) that an appeal may be lodged within forty-two days from the conclusion of such proceedings: Provided that failure to communicate such right of appeal shall not invalidate the said ndings or punishment.

Disciplinary 33.

(l) Where an authorized ofcer considers it necessary to institute proceedings for a disciplinary proceedings against a public ofcer to whom this regulation applies on the ground of misconduct which, if proved, would, in his opinion, public ofcer in Job justify any of the punishments in regulation 25 (1), he shall, after such Group Mor above.

preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, forward to the public ofcer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, Rev.

2009] Service Commissions CAP.

185 31 [Subsidiary] on which each charge is based, and shall invite the public ofcer to state in writing, should he so desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(2) If the public ofcer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specied, or if in the opinion of the authorized ofcer he fails to exculpate himself, the authorized ofcer shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the public ofcer and the authorized ofcers comments thereon.

(3) If, on consideration of the statement of the charge or charges, the reply, if any, of the public ofcer, and the comments of the authorized ofcer, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inicted on the public ofcer, or whether he should be retired in the public interest.

(4) If the Commission, on consideration of the submissions by the authorized ofcer, is of the opinion that the matters should be further investigated, it shall direct the authorized ofcer to conduct such further investigation.

(5) Any investigation carried out under this regulation shall be undertaken by public ofcers senior to the accused public ofcer, who have not, directly or indirectly, dealt with the case before.

(6) If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the authorized ofcer shall follow the same procedure as was adopted in framing the original charges.

(7) After conducting the investigation, the authorized ofcer shall forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to the inquiry; and the report of the investigation under this regulation shall include (a) a statement whether the charge or charges against the accused public ofcer have been proved and the reasons therefor; (b) details of any matters which may aggravate or alleviate the gravity of the case; and (c) a summing up and such general comments as will indicate clearly the opinion on the matter being investigated; but the report of the investigation shall not make any recommendation regarding the form of punishment to be inicted on the accused public ofcer.

(8) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplied in any way or that further investigation is desirable, refer the matter back to the authorized ofcer who shall conduct the investigation for a further report.

CAP32.

185 Service Commissions [Rev.

2009 [Subsidiary] (9) The Commission shall decide on the punishment, if any, which should be inicted on the public ofcer, or whether he should be retired in the public interest.

(10) The provisions of this regulation shall apply to a public ofcer in Job Group M or above.

Disciplinary 34.

(1).

Where an authorized ofcer, considers it necessary to institute proceedings for a disciplinary proceedings against a public ofcer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify public ofcer in Job any of the punishments mentioned in regulation 25 (1), he shall after such Group L or below preliminary investigation as he considers necessary, forward to the public and who has not ofcer a statement of the charge or charges against him with brief allegations, qualied for pensions in so far as they are not clear from the charges themselves, on which each benets under the charge is based.

pensions legislation.

(2) If the public ofcer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specied, or, if in the opinion of the authorized ofcer, he fails to exculpate himself, and the authorized ofcer is of the opinion that no further investigation is necessary, the authorized ofcer shall forthwith decide on the punishment, which should be inicted on the public ofcer.

(3) If the authorized ofcer, on consideration of the charge or charges against the public ofcer, the public ofcers reply and the grounds, if any, on which the public ofcer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized ofcer shall conduct such further investigation.

(4) Any investigation carried out under this regulation shall be undertaken by public ofcers senior to the accused public ofcer, who have not, directly or indirectly, dealt with the case before.

(5) The authorized ofcer shall decide on the punishment, if any, which should be inicted on the public ofcer.

(6) The provisions of this regulation shall apply to a public ofcer in Job Group L or below, who has not qualied for pensions benets under the pensions legislation.

Disciplinary 35.

(1) Where an authorized ofcer considers it necessary to institute proceedings for a disciplinary proceedings against a public ofcer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify public ofcer in Job any of the punishments mentioned in regulations 25(1), he shall, after such Group L or below preliminary investigation as he considers necessary, forward to the public and who has qualied ofcer a statement of the charge or charges against him with brief allegations, for pensions benets in so far as they are not clear from the charges themselves, on which each under the pensions charge is based.

legislation.

(2) If the public ofcer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specied, or if in the opinion Rev.

2009] Service Commissions CAP.

185 33 [Subsidiary] of the authorized ofcer he fails to exculpate himself, the authorized ofcer shall forthwith decide and inict on the public ofcer any of the punishments prescribed under regulation 25(1) except, dismissal or reduction in rank or seniority.

(4) Any investigation carried out under this regulation shall be undertaken by public ofcers senior to the accused public ofcer who have not, directly or indirectly, dealt with the case before.

(5) If, in the opinion of the authorized ofcer, a punishment should be inicted on the public ofcer, the authorized ofcer shall forthwith decide and inict on the public ofcer any of the punishments prescribed under regulation 25 (1), except dismissal or reduction in rank or seniority.

(6) Where, in any case under this regulation, it is the opinion of the authorized ofcer that the punishment to be inicted is dismissal or reduction in rank or seniority, the authorized ofcer shall forward to the Commission the record of the disciplinary proceedings together with his comments thereon and the Commission shall decide the punishment, if any, which should be inicted on the public ofcer, or whether he should be retired in the public interest: Provided that if, in the opinion of the Commission, further investigation is necessary before making a decision in the matter, the Commission shall direct the authorized ofcer to conduct such further investigation and forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defense and other proceedings relevant to the inquiry.

(7) The provisions of this regulation shall apply to a public ofcer in Job Group L or below, who has qualied for pensions benets under the pensions legislation.

36.

(1) If an authorized ofcer, after having consider every report in Retirement on his possession made with regard to a public ofcer, is of the opinion that it grounds of public is desirable, in the public interest, that the service of the public ofcer be interest.

terminated grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the public ofcer, in writing, specifying the complaints by reason which his retirement is contemplated, together with the substance of any report or part thereof that is detrimental to the public ofcer.

(2) If, after giving the public ofcer an opportunity showing cause why he should not be retired in the public interest, the authorized ofcer is satised that the public ofcer should be required to retire in the public interest, he shall, in the case of any public ofcer, forward to the Commission the report on the case, the public ofcers reply and his own comments, and CAP34.

185 Service Commissions [Rev.

2009 [Subsidiary] the Commission shall decide whether the public ofcer should be required to retire in the public interest.

(3) Where a public ofcer is retired in the public interest, the authorized ofcer shall furnish the Pensions Branch of the Treasury with full details of the case.

Ofcer convicted of criminal offence.

37.

(1) If a public ofcer is convicted of a criminal offence which, in the opinion of the authorized ofcer, warrants disciplinary proceedings, the authorized ofcer shall, in the case of a public ofcer to whom regulation 33 or 35 apply, forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the Commission shall decide whether the public ofcer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

(2) Where the public ofcer is one to whom regulation 34 applies, the authorized ofcer, after consideration of such judgement or order, may himself dismiss the public ofcer or subject him to any of the other punishments mentioned in regulation 25.

Cap.

403.

(3) For the purposes of this regulation, proceedings for minor offences, such as those under the Trafc Act and by- laws, may be disregarded, and Cap.

63.

disciplinary proceedings shall normally be conned to proceedings under the Penal Code and other Acts where a prison sentence may be imposed, other than in default of payment of a ne.

part VMISCellaNeOuS Service of notices 38.

Where under these Regulations etc.

(a) it is necessary (i) to serve any notice, charge or other document upon a public ofcer; or (ii) to communicate any information to any public ofcer having absented himself from duty; and (b) it is not possible to effect such service upon, or communicate such information to the public ofcer personally, it shall be sufcient if the notice, charge or other document, or a letter containing such information, is sent by registered post addressed to his usual or last known place of address or post ofce box.

Advance copies to the Commission.

40.

Nothing in these Regulations shall prevent a public ofcer from sending, directly to the Commission, an advance copy of a document which under these Regulations is required to be forwarded to the Commission through the relevant authorized ofcer.

Rev.

2009] Service Commissions CAP.

185 35 41.

The Commission may institute an audit or investigation of the [Subsidiary] manner in which any of the authorized ofcers has exercised any of the powers Audit and delegated by the Commission under these Regulations.

investigation.

42.

The Commission may, by notice in the Gazette, assign the Job Commission may Groups referred to in these Regulations to public ofces in ministries or assign Job Groups.

departments which do not use such Job Groups, for the proper application of these Regulations to those ofces.

43.

Any case not covered by these Regulations shall be dealt with in Cases not covered by accordance with such instructions as the Commission may, from time to time, Regulations.

issue.

44.

The Commission may prescribe forms for the better carrying out of Commission may the provisions of these Regulations.

prescribe forms.

45.

The Public Service Commission Regulations are revoked.

Revocation of Regulations.

Cap.

185 (Sub-Leg) CAP36.

185 Service Commissions [Rev.

2009 [Subsidiary] L.N.

91/2006.

THE PUBLIC SERVICE COMMISSION (REDUCTION OF PENSION BENEFITS TO SATISFY GOVERNMENT DEBT) REGULATIONS, 2006 Citation.

These Regulations may be cited as the Public Service Commission (Reduction of Pension Benets to Satisfy Government Debt) Regulations, 2006.

Interpretation.

In these Regulations, unless the context otherwise requires the Commission means the Public Service Commission established under section 106(1) of the Constitution; Director of Pensions means the person exercising the powers and duties of the ofce of the head of Pensions Division of the Treasury; pension benets means any pensions, compensation, gratuities or other similar allowances provided for under the pensions legislation payable to persons in respect of their services as public ofcers, or the widows, children, dependants or personal representatives of such persons in respect of that service.

Application.

These Regulations shall apply to all public ofces to which the Commissions constitutional powers and functions as set out in section 113 of the Constitution apply, other than ofcers of judge of the High Court, judge of any Court of Appeal exercising jurisdiction in Kenya, Attorney General or Controller and Auditor-General.

Reductions from 4.

Pursuant to section 113(1) of the Constitution, the Commission hereby pension benets to satisfy Government concurs that the Director of Pensions may reduce from pension benets of a debt.

public ofcer a sum of money not exceeding one hundred thousand shillings with a view of assigning or transferring such sum of money for the purpose of satisfying a debt due to the Government payable by the public ofcer.

(2) The Director of Pensions shall, upon making a reduction under this regulation (i) inform the affected person that a review may be lodged to the Commission, through the Director of Pensions, within forty- two days from the date of receiving the decision to reduce the pension benets; (ii) notify the Commission, within thirty days from the date of the reduction, the particulars of the public ofcer concerned and the amount of money reduced from the pension benets.

(3) Notwithstanding the provisions of paragraph (i) of sub regulation (2), the failure to communicate the right of review under that paragraph shall not invalidate the reduction of pension benets.

Rev.

2009] Service Commissions CAP.

185 37 [Subsidiary] 5.

(1) A person affected by a reduction made under regulation 4 may, Review of reduction through the Director of Pensions, apply to the Commission for review within decision.

forty-two days from the date of receiving the reduction decision.

(2) Notwithstanding the provisions of sub regulation (1), the Commission may entertain an application for review out of time if, in the opinion of the Commission, the circumstances warrant it.

(3) The Commission shall entertain an application for review only once in respect of each case.

(4) An application for review under this regulation shall set out all the relevant information in support of the review and relevant documents may be attached.

(5) Upon receiving an application for review, the Director of Pensions shall forward it to the Commission together with, if any, his observations thereon and the Commission shall decide the application.

(6) On being advised of the decision of the Commission, the Director of Pensions shall notify the applicant and, if money is to be refunded arising out of the review decision, the Director of Pensions shall take the necessary steps for the money to be paid to the affected person.

(7) Nothing in these Regulations shall prevent a person from sending, directly to the Commission, an advance copy of the application for review.

The Commission Secretary shall advise the Director of Pensions of Decisions by the the decision of the Commission on any particular matter and the Director of Commission.

Pensions shall take the appropriate action.

The Commission may institute an audit or investigation of the manner Audit and in which the Director of Pensions has discharged any of his duties under these investigations.

regulations.

The Commission shall, at the request of the Director of Pensions, Right of the Director hear him or his representative personally in connexion with any matter he has of Pensions to be referred to the Commission.

heard.

All correspondence for the Commission shall be addressed to the Correspondence.

Commission Secretary or, in special cases, the Commission Chairman.

10.

Cases not covered under these Regulations shall be forwarded to Cases not covered.

the Commission by the Director of Pensions for appropriate consideration and decision by the Commission.

CAP38.

185 Service Commissions [Rev.

2009 [Subsidiary] L.N.

92/2006.

PUBLIC SERVICE COMMISSION (PRISONS SERVICE) REGULATIONS, 2006 part IprelIMINary Citation.

These Regulations may be cited as the Public Service Commission (Prisons Service) Regulations, 2006.

Interpretation.

(1) In these Regulations, unless the context otherwise requires the Chairman means the person appointed under section 106 of the Constitution as the chairman of the Commission and includes the Deputy chairman or a member of the Commission who acts as the chairman of the Commission in accordance with subsection (10) of that section; the Commission means the Public Service Commission established under section 106 (1) of the Constitution; the Commissioner of Prisons means the person appointed as the Commissioner of Prisons; the Deputy Chairman means the person appointed under section 106 (1) of the Constitution as the deputy chairman of the Commission; disciplinary powers includes powers in so far as it relates to any of the Cap.

90 punishments specied in regulation 25 and, as the case may be, disciplinary action in accordance with the Prisons Act or the rules made thereunder; member includes any person appointed as a member of the Commission under section 106 of the Constitution or any person for the time being appointed to act as a member under section 106 (11) of the Constitution; ofcial document means any document or paper prepared by any public ofcer in the course of his employment or any document or paper which comes into the custody of any public ofcer in the course of such employment; pensions benets means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public ofcers, or to the widows, children, dependants or personal representatives of such persons, in respect of that service; Cap.

90.

Act; prison ofcer has the meaning assigned to it in section 2 of the Prisons promotion means the conferment upon a Prison ofcer of an ofce to which is attached a higher salary or higher salary scale than that attached to the ofce to which he was last substantively appointed; Rev.

2009] Service Commissions CAP.

185 39 [Subsidiary] public ofcer means any person holding or acting in any public ofce; the Secretary means the person appointed as secretary to the Commission under section 3 (1) of the Act; senior prison ofcer has the meaning assigned to it in section 2 of Cap.

90.

the Prisons Act; Service has the meaning assigned to it in section 2 of the Prisons Cap.

90.

Act; seniority means the relative seniority of prison ofcers and, except as may be otherwise provided by the Commission or in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows- (a) as between prison ofcers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any ofcers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; (iii) if any ofcers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable to a pensionable grade), their senior- ity relative to each other shall be determinable by reference to their respective ages; (b) as between prison ofcers of different grades on the same salary scale or the same at rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between prison ofcers of different grades on different salary scales, by reference to the maximum point on their salary scales, a at rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the at rate; subordinate prison ofcer has the meaning assigned to it in section Cap.

90.

2 of the Prisons Act; (2) Nothing in these Regulations empowering the Commissioner of Prisons or any other person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

Application.

These Regulations shall apply to all prison ofcers in the Kenya Prisons Service, and to the exercise of the powers and the performance of the duties and the functions of the Commission in relation to such ofcers.

CAP40.

185 Service Commissions [Rev.

2009 [Subsidiary] part IIGeNeral Decisions may be 4.

Decisions may be made by the Commission without a meeting by made by circulation circulation of the relevant papers among the members and the expression of of papers.

their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Commission.

Dissent by members.

Any member who dissents from a decision of the Commission shall be entitled to have his dissent and his reason therefor set out in the records of the Commission.

Record of meetings.

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

Commission may 7.

(1) The Commission may require any public ofcer to attend and give require attendance information before it concerning any matter which it is required to consider in and production of exercise of its functions.

documents.

(4) Notwithstanding sub regulations (1), (2) and (3), a public ofcer may withhold information on any matter or production of an ofcial document when directed by the President in writing to do so.

Correspondence.

All correspondence for the Commission shall be addressed to the Secretary or, in special cases, to the Chairman.

Right of 9.

The Commission shall, at the request of the Commissioner of Prisons, Commissioner of hear him or his representative personally in connexion with any matter he has Prisons to be heard.

referred to the Commission.

part IIIappOINtMeNtS (INCludING aCtING appOINtMeNtS exCeedING a perIOd OF ONe MONth aNd teMpOrary appOINtMeNtS), prOMOtIONS, CONFIrMatION OF appOINtMeNtS aNd terMINatION OF appOINtMeNtS (OtherwISe thaN by dISCIplINary prOCeedINGS).

Delegation of powers 10.

(1) The following powers vested in the Commission are, subject to to Commissioner of these Regulations and to such instructions as the Commission may, from time Prisons.

to time issue, delegated to the Commissioner of Prisons Rev.

2009] Service Commissions CAP.

185 41 [Subsidiary] (a) in respect of all ofces of subordinate prison ofcers and prison ofcers below the rank of assistant superintendent (i) the power of appointment, including acting appointment and promotion; (ii) the power of extension of the probationary period of any such ofcer; (iii) the power to terminate the probationary appointment of any such ofcer under these Regulations and any other regulations which may be in force; (b) in respect of all ofces of any prison ofcer disregard of rank, the power of conrmation in appointment of any prison ofcer appointed on probation.

(2) Nothing in these Regulations shall affect the power of the Commission to terminate the appointment of an ofcer in accordance with a term or condition contained in his contract or letter of appointment.

(3) The Commissioner of Prisons exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.

(4) A prisons ofcer affected by the decision of the Commissioner of Prison under this regulation may, through the Commissioner of Prisons, appeal to the Commission within forty-two days from the date of receiving the decision appealed against.

(5) Notwithstanding the provisions of this regulation, the Commission may, when necessary, institute an inquiry to determine whether or not the powers delegated under this regulation have been properly exercised by the Commissioner of Prisons.

11.

(1) The Commissioner of Prisons exercising the powers conferred by regulation 10 (1) (a) (i) shall Notication of vacancies.

(a) at least twenty-one days before the exercise of the powers, notify the Commission of the vacancies or the particulars respecting the appointment or promotion, as the case may be; and (b) within twenty-one days after exercising the powers, notify the Commission of the particulars of the subordinate prison ofcer appointed or promoted as the case may be.

(2) For senior prison ofcers of or above the rank of assistant superintendent, if a vacancy occurs or it is known that a vacancy will occur, the Commissioner of Prisons shall notify the Commission and the Commission shall take the appropriate steps to ll that vacancy.

CAP42.

185 Service Commissions [Rev.

2009 [Subsidiary] Vacancies dependent 12.

Where vacancies are to be lled according to the results of on examinations.

examinations held under the authority of the Commission, the Commission shall make such arrangements and issue such instructions as may be appropriate.

Advertisement of 13.

(1) Subject to sub regulation (2), applications for appointment vacancies.

to vacancies shall be invited by public advertisement in such manner as the Commission may determine.

(2) A vacancy need not be advertised where (a) the Commission is satised that the vacancy should be lled by the appointment or re-engagement or promotion of a prison ofcer; or (b) the Commission is satised that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualied.

(3) Where the Commissioner of Prisons is conferred with the delegated powers of appointment and promotion, the Commissioner shall exercise such powers in the manner determined by the Commission under sub regulation (1).

Criteria concerning 14.

(1) In selecting candidates for appointment, promotion and transfer, appointments.

the Commission or the Commissioner of Prisons as the case may be, shall have regard to the efciency of the Service and, in considering the claims of prison ofcers for promotion, merit and ability shall be taken into account as well as seniority, experience and ofcial qualications; and as between prison ofcers of equal ofcial qualications, proved merit and suitability for the vacancy in question shall be given greater weight than seniority.

(2) Recommendations made to the Commission by the Commissioner of Prisons for promotion of senior prison ofcers shall state whether the person recommended is the senior ofcer in the Service or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in the Service or grade over whom it is proposed that the person recommended should be promoted and the Commission shall make a decision.

Probationary 15.

(1) Where a senior prison ofcer has been appointed on probation the appointments.

Commissioner of Prisons shall, not less than three months before the expiration of the probationary period, inform the Commission whether in his opinion (a) the probationary period should be extended so as to afford the senior prison ofcer further opportunity to pass any examination, the passing of which is a condition of the conrmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the senior prison ofcer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or Rev.

2009] Service Commissions CAP.

185 43 [Subsidiary] (c) the senior prison ofcers appointment should be terminated.

(2) The Commissioner of Prisons shall not recommend the extension or termination of an appointment under paragraph (b) or paragraph (c) of sub regulation (1) unless he has rst, by letter, informed the ofcer of his intention and of the right of the ofcer to make representations thereon within a period to be specied in such letter and required the ofcer to acknowlegde receipt of such letter in writing within that period; the Commissioner of Prisons shall attach copies of all such correspondence to his recommendation.

(3) Notwithstanding sub regulation (1) but subject to sub regulation (2), the Commissioner of Prisons may, at any time, recommend to the Commission that a probationary appointment be terminated.

16.

(1) Where a senior prison ofcer is serving on contract and willing to Further engagement engage for a further term of service, the Commissioner of Prisons shall notify the on contract of senior Commission of the date when such contract will expire and his recommendation whether it should be renewed or not.

prison ofcers.

(2) So far as is practicable, every such notication shall be forwarded to the Commission in sufcient time to enable the Commission to give its decision not less than three months before the ofcers current contract is due to expire.

17.

The regulations and procedures which apply to appointments and Acting appointments.

promotions shall also apply, where appropriate, to all acting appointments exceeding a period of one month, subject to such instructions as the Commission may, from time to time, issue.

18.

(1) If it appears to the Commissioner of Prisons that there is reason Compulsory why a prison ofcer who has been conrmed in a pensionable ofce and retirement on who has reached the age at which he can lawfully be required to retire under reaching retiring age.

the pensions legislation should be required to retire from the service, the Commissioner of Prisons shall advise the ofcer that his compulsory retirement is under consideration and ask whether he wishes to make any representations on such a step.

(2) The Commissioner of Prisons shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the ofcer should be called upon to retire.

(3) On being advised of the decision of the Commission, the Commissioner of Prisons shall notify the ofcer and, if the ofcer is to be retired, he shall notify the Pensions Branch of the Treasury.

(4) A prison ofcer whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

CAP44.

185 Service Commissions [Rev.

2009 [Subsidiary] 19.

(1) Where it appears to the Commissioner of Prisons that a prison Retirement on grounds of ill health.

ofcer is incapable by reason of any inrmity of mind or body of discharging the functions of his public ofce, he may (and shall if the ofcer so requests) call upon the ofcer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the ofcer is incapable as aforesaid.

(2) After the ofcer has been examined, the Director of Medical Services shall forward the medical boards proceedings, together with his comments thereon, to the Commissioner of Prisons, who in turn shall forward them, together with any representations which the ofcer desires to make and his own recommendation, to the Commission.

(3) Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the Commissioner of Prisons accordingly, it shall decide forthwith whether the ofcer should be called upon to retire on the grounds of ill health.

(4) On being advised of the decision of the Commission, the Commissioner of Prisons shall notify the ofcer and, if the ofcer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

Retirement on 20.

(1) Where a prison ofcer, who is one of a number of prison ofcers holding similar ofces in the Service (but one or more of such ofcers is to abolition of ofce or on re-organization of remain in ofce), is to be retired, either on the abolition of the ofce he holds; the Service.

or upon the re-organization of the Service for better efciency or economy, the Commissioner of Prisons shall inform the ofcer that his compulsory retirement is under consideration and invite him to make representations thereon, if any.

(2) The Commissioner of Prisons shall forward the representations, if any, together with his own observations thereon to the Commission, and the Commission shall decide whether the ofcer should remain in the ofce he holds in the Service or should be transferred or seconded to another department or Ministry, or the ofcer should be retired on abolition of ofce or on reorganization of the Service for greater efciency or economy.

(3) On being advised of the decision of the Commission, the Commissioner of Prisons shall notify the ofcer and, if the ofcer is to be retired, he shall prepare and forward the ofcers pensions claims to the Pensions Branch of the Treasury.

(4) The provisions of this regulation shall not apply to any ofcer who has reached the age at which he can lawfully be required to retire from the Service under the pensions legislation in accordance with regulation 18.

(5) The provisions of this regulation shall not apply to any subordinate prison ofcer to whom rule 123 of the Prisons Rules may apply accordingly.

(6) Any ofcer dissatised with the decision of the Commission under this regulation may, in writing through the Commissioner of Prisons, seek a review of the decision within forty-two days from the date of receiving the Rev.

2009] Service Commissions CAP.

185 45 communication of the Commissions decision.

[Subsidiary] (7) Notwithstanding sub regulation (6), the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

21.

Where the Commission is satised that the public interest requires Special procedure.

that any matter relating to the appointment, promotion, transfer, secondment or conrmation in his appointment of a prison ofcer be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

part IVdISCIplINe 22.

(1) The following disciplinary powers vested in the Commission are, Delegation of subject to these Regulations and to such instructions as the Commission may, disciplinary powers from time to time issue, hereby delegated to the Commissioner of Prisons to Commissioner of Prisons.

(a) in respect of all subordinate prison ofcers and prison ofcers below the rank of assistant superintendent (i) the power to take disciplinary action against such ofcers in ac- cordance with the Prisons Act or the Prisons Rules and to inict any of the punishment mentioned in regulation 24 or any other punishment which may be provided for in the Prisons Act or the Prisons Rules, or to retire the ofcer in the public interest in accordance with regulation 32; (ii) the power to inict any of the punishments mentioned in paragragh (i) of regulation 24 on any such ofcer who is con- victed in any court of a criminal offence in accordance with regulation 33; (b) in respect of all prison ofcers (i) the power to interdict any ofcer in accordance with regula- tion 23; (ii) the power to suspend any ofcer in accordance with regula- tion 24; (iii) the power to stop, withhold or defer a normal increment of any ofcer or to inict a reprimand or a severe reprimand in accordance with regulation 26; (iv) the power to stop from the pay or salary of any ofcer who has been absent from duty without leave or reasonable or lawful cause an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year in accordance with regulation 26.

CAP46.

185 Service Commissions [Rev.

2009 [Subsidiary] (2) If at the time of exercise of disciplinary powers under subparagraph (i) of paragraph (a) of sub regulation (1), the prison ofcer is a pensionable public ofcer who has qualied for pension benets under the pensions legislation and the Commissioner of Prisons is of the opinion that disciplinary action is likely to lead to the dismissal of the ofcer, the Commissioner of Prisons shall not exercise the delegated disciplinary powers, but shall apply regulation 32.

(3) In respect of subordinate prisons ofcers, the powers and functions delegated to the Commissioner of Prisons under this Part, other than the power Cap.

90.

of dismissal, may be exercised by the ofcers authorised under the Prisons Act or the Prisons Rules to exercise such disciplinary power over such ofcers.

(4) The Commissioner of Prisons exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

Interdiction.

23.

(1) If in any case the Commissioner of Prisons is satised that the public interest requires that a prison ofcer should cease forthwith to exercise the powers and functions of his ofce, he may interdict the ofcer from the exercise of those powers and functions, provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.

(2) An ofcer who is interdicted under this regulation shall receive such salary, not being less than half his salary, as the Commissioner of Prisons shall think t.

(3) Where disciplinary or criminal proceedings have been taken or instituted against a prison ofcer under interdiction and such ofcer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under sub regulation (2) shall be restored to him upon the termination of such proceedings.

(4) If any punishment other than dismissal is inicted, the ofcer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission in the case of a senior prison ofcer, or the Commissioner of Prisons in the case of a subordinate prison ofcer, shall decide.

(5) A prison ofcer who is under interdiction may not leave his station without the permission of the Commissioner of Prisons or of any prison ofcer who is empowered to give such permission on behalf of the Commissioner of Prisons.

(6) For the purpose of this regulation and regulation 24, salary means basic salary and, where applicable, includes inducement or overseas allowance.

Suspension.

24.

(1) Where a prison ofcer has been convicted of a serious criminal offence, other than such as are referred to in regulation 34 (3), the Commissioner of Prisons may suspend the ofcer from the exercise of the functions of his Rev.

2009] Service Commissions CAP.

185 47 [Subsidiary] public ofce pending consideration of his case under these Regulations.

(2) The Commissioner of Prisons may suspend from the exercise of the functions of his public ofce, a prison ofcer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the ofcer ought to be dismissed.

(3) While a prison ofcer is suspended from the exercise of the functions of his public ofce under this regulation, he shall not be entitled to any salary.

(4) Notwithstanding sub regulation (3), the Commissioner of Prisons may, if he thinks t, direct that any suspended ofcer shall be granted an alimentary allowance in such amount and on such terms as he may determine.

(5) A prison ofcer who is suspended may not leave his station without the permission of the Commissioner of Prisons or of any prison ofcer who is empowered to give such permission on behalf of the Commissioner of Prisons.

25.

(1) The following are the punishments which may be inicted upon Punishments.

a prison ofcer as a result of disciplinary proceedings under this Part (a) recovery of the cost or part of the cost of any loss or breakage caused by default or negligence, provided no such cost has been recovered by surcharge action under the appropriate nancial instructions or regulations; (b) reprimand (including severe reprimand); (c) deferment of increment; (d) withholding of increment; (e) stoppage of increment; (f) reduction in rank or seniority; and (g) dismissal.

(2) Nothing in this regulation shall limit the powers conferred by these Regulations to require a prison ofcer to retire from the public service on the grounds of public interest.

(3) No punishment shall be inicted on any prison ofcer which would be contrary to any law.

26.

(1) Notwithstanding any other provisions of these Regulations, the Commissioner of Commissioner of Prisons may- Prisons may inict (a) stop, withhold or defer normal increment of a prison ofcer for punishment.

a period not exceeding one year on the grounds of unsatisfactory CAP48.

185 Service Commissions [Rev.

2009 [Subsidiary] service; (b) after investigation and after giving a prison ofcer an opportunity for making his defence (which shall be recorded), inict on such ofcer a severe reprimand or a reprimand; or (c) stop from the pay or salary of a prison ofcer who has been absent from duty without leave or lawful or reasonable cause, an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year.

(2) If the stoppage or deferment under paragraph (a) of sub regulation (1) is recommended to be continued beyond one year, the matter shall be referred to the Commission for its decision.

(3) The Commissioner of Prisons exercising the powers conferred on him by this regulation shall act in accordance with regulation 31.

Absence from duty 27.

Where a prison ofcer is absent from duty without leave or reasonable without leave.

or lawful cause for a period exceeding twenty-four hours and the ofcer cannot be traced within a period of ten days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from him within ten days after the despatch of the charge to him, the authority empowered to dismiss him may summarily dismiss him.

Pension rights and 28.

Subject to any law for the time being in force, a prison ofcer who privileges lost on is dismissed shall forfeit all rights or claims to a pension, gratuity, annual dismissal.

allowance or other retiring award, and any rights or claims he enjoys in regard to leave or passages at the public expense.

Prompt disciplinary 29.

(1) All acts of misconduct by a prison ofcer shall be dealt with under procedure.

this Part as soon as possible after the time of their occurrence.

(2) Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be instituted against a prison ofcer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the Commissioner of Prisons to initiate such proceedings.

30.

A prison ofcer subject to disciplinary action shall not be entitled to Copies of ofce orders, minutes, copies of ofce orders, minutes, reports or recorded reasons for decisions of reports, etc.

the disciplinary process.

31.

(1) Where proceedings have been taken against a prison ofcer under Ofcer to be this Part, he shall be informed by the Commissioner of Prisons informed.

(a) of the ndings on each charge which has been preferred against him; (b) of the punishment, if any, to be inicted upon him; and (c) that an appeal may be lodged within forty-two days from the Rev.

2009] Service Commissions CAP.

185 49 conclusion of such proceedings.

[Subsidiary] (2) Failure to communicate right of appeal under sub regulation (1) shall not invalidate the said ndings or punishment.

32.

(1) This regulation applies where the Commissioner of Prisons Disciplinary considers it necessary to institute disciplinary proceedings against a prison proceedings leading ofcer to whom this regulation applies on the ground of misconduct which, if to dismissal or proved, would in his opinion justify dismissal or reduction in rank or seniority reduction in rank or of a senior prison ofcer or dismissal of a subordinate prison ofcer.

seniority.

(2) The Commissioner of Prisons, after such preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, shall (i) forward to the ofcer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and (ii) invite the ofcer to state in writing, should he so desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(3) If the ofcer does not furnish a reply to a charge or charges forwarded under sub regulation (2) within the period specied, or if in the opinion of the Commissioner of Prisons he fails to exculpate himself, the Commissioner of Prisons shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the ofcer and the comments by the Commissioner of Prisons thereon.

(4) If, on consideration of the statement of the charge or charges, the reply, if any, of the prison ofcer, and the comments of the Commissioner of Prisons, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inicted on the ofcer, or whether he should be retired in the public interest.

(5) If the Commission, on consideration of the submissions by the Commissioner of Prisons, is of the opinion that the matters should be further investigated, it shall direct the Commissioner of Prisons to conduct such further investigation.

(6) Any investigation carried out under this regulation shall be undertaken by prison ofcers senior to the accused ofcer, who have not, directly or indirectly, dealt with the case before.

(7) If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the Commissioner of Prisons shall follow the same procedure as was adopted in framing the original charges.

(8) After conducting the investigation, the Commissioner of Prisons shall forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings CAP50.

185 Service Commissions [Rev.

2009 [Subsidiary] relevant to the inquiry; and the report of the investigation under this regulation shall include (a) statement whether the charge or charges against the accused gazetted ofcer have been proved and the reasons therefore; (b) details of any matters which may aggravate or alleviate the gravity of the case; and (c) a summing up and such general comments as will indicate clearly the opinion on the matter being investigated.

(9) The report of the investigation submitted under subregulation (8) shall not make any recommendation regarding the form of punishment to be inicted on the accused ofcer.

(10) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplied in any way or that further investigation is desirable, refer the matter back to the Commissioner of Prisons who shall conduct the investigation for a further report.

(11) The Commission shall decide on any of the punishments in regulation 25, if any, which should be inicted on the accused ofcer, or whether he should be retired in the public interest.

(12) The provisions of this regulation shall apply to dismissal or reduction in rank or seniority proceedings of a prison ofcer of or above the rank of assistant superintendent, and, to dismissal proceedings of a subordinate prison ofcer or a prison ofcer below the rank of assistant superintendent who has qualied for pensions benets under the pensions legislation.

Retirement on 33.

(1) If the Commissioner of Prisons, after having considered every grounds of public report in his possession made with regard to any prison ofcer, is of the interest.

opinion that it is desirable, in the public interest, that the service of the ofcer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the ofcer, in writing, specifying the complaints by reason of which his retirement in the public interest is contemplated, together with the substance of any report or part thereof that is detrimental to the ofcer.

(2) If, after giving a prison ofcer of or above the rank of assistant superintendent an opportunity of showing cause why he should not be retired in the public interest, the commissioner of prisons is satised that the ofcer should be required to retire in the public interest, he shall, forward to the Commission the report on the case, the prison ofcers reply and his own comments, and the Commission shall decide whether the prison ofcer should be required to retire in the public interest.

(3) In the case of a subordinate prison ofcer or prison ofcer below the rank of assistant superintendent, if, after giving the ofcer an opportunity of showing cause why his service should not be terminated, the Commissioner Rev.

2009] Service Commissions CAP.

185 51 [Subsidiary] of Prisons is satised that the ofcer should be retired in the public interest, he shall so decide.

(4) Where an ofcer is retired in the public interest, the Commissioner of Prisons shall furnish the Pensions Branch of the Treasury with full details of the case.

Ofcer convicted of 34.

(1) If a prison ofcer of or above the rank of assistant superintendent criminal offence.

is convicted of a criminal offence which, in the opinion of the Commissioner of Prisons warrants disciplinary proceedings, the Commissioner of Prisons shall forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the commission shall decide whether the senior prison ofcer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

(2) If a subordinate prison ofcer or a prison ofcer below the rank of assistant superintendent is convicted of a criminal offence which, in the opinion of the Commissioner of Prisons warrants disciplinary proceedings, the Commissioner of Prisons may himself dismiss the ofcer or subject him to any of the other punishments mentioned in regulation 25.

(3) If the ofcer is a pensionable public ofcer who has qualied for pensions benets under the pensions legislation and the Commissioner of Prisons is of the opinion that the ofcer should be dismissed, the Commissioner of Prisons shall forward the matter to the Commission with his recommendation thereon and the Commission shall decide whether the ofcer should be dismissed or subjected to any of the other punishments mentioned in regulation 26.

(4) For the purposes of this regulation, proceedings for minor offences, Cap.

403.

such as those under the Trafc Act and by-laws, may be disregarded, and disciplinary proceedings shall normally be conned to proceedings under the Cap.

63.

Penal Code and other Acts where a prison sentence may be imposed, other than in default of payment of a ne.

Appeals and reviews 35.

(1) An appeal by a prison ofcer shall lie to the Commission through the Commissioner of Prisons against an order made under these Regulations in by prison ofcers.

relation to him in disciplinary proceedings involving any of the punishments mentioned in regulation 25 of these Regulations, except that no appeal shall be entertained in any case unless it is received within forty two days of the date upon which the decision is addressed to the prison ofcer.

(2) Notwithstanding sub regulation (1), the Commission may entertain an appeal out of time if in the opinion of the Commission the circumstances warrant it.

(3) The Commission shall entertain an appeal only once in respect of each case.

(4) A prison ofcer may, within one year of the date upon which any decision of the Commission under this part of these Regulations is addressed to the ofcer, apply through the Commissioner of Prisons for review and the CAP52.

185 Service Commissions [Rev.

2009 [Subsidiary] application may be admitted if the Commission is satised that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

(5) An application to review a decision of the Commission made on review shall not be allowed and disciplinary action shall not be deferred or suspended pending determination of appeal or the application for review.

part VIMISCellaNeOuS Transmission of 36.

The Secretary of the Commission shall cause the decision of the decision.

Commission on any matter to be transmitted to the Commissioner of Prisons, who shall forward such decision through the relevant channels to the concerned prison ofcer.

Service of notices, 37.

Where under these Regulations it is necessary to serve any notice, etc.

charge or other document upon a prison ofcer; or to communicate any information to any prison ofcer having absented himself from duty; and it is not possible to effect such service upon, or communicate such information to the prison ofcer personally or through the relevant service channels, it shall be sufcient if the notice, charge or other document, or a letter containing such information, is sent by registered post addressed to his usual or last known place of address or post ofce box.

Advance copies to 38.

Nothing in these Regulations shall prevent a prison ofcer from the Commission.

sending, directly to the Commission, an advance copy of a document which under these Regulations is required to be forwarded to the Commission through the Commissioner of Prisons.

Audit and 39.

The Commission may institute an audit or investigation of the manner investigation.

in which the Commissioner of Prisons has exercised any of the powers delegated by the Commission under these Regulations.

Cases not covered by 40.

Any case not covered by these Regulations shall be dealt with in Regulations.

accordance with such instructions as the Commission may, from time to time, issue.

Commission may 41.

The Commission may prescribe forms for the better carrying out of prescribe forms.

the provisions of these Regulations.

Revocation.

42.

The Public Service Commission (Prisons Service) Regulations are Sub.

Leg.

revoked.

Rev.

2009] Service Commissions CAP.

185 53 THE PUBLIC SERVICE COMMISSION (POLICE [Subsidiary] FORCE) REGULATIONS, 2006 L.N.

93/2006.

part IprelIMINary 1.

These Regulations may be cited as the Public Service Commission Citation.

(Police Force) Regulations, 2006.

(1) In these Regulations, unless the context otherwise requires Interpretation.

the Chairman means the person appointed under section 106 of the Constitution as the chairman of the Commission and includes the Deputy Chairman or a member of the Commission who acts as the chairman of the Commission in accordance with subsection (10) of that section; the Commission means the Public Service Commission established under section 106 (1) of the Constitution; the Commissioner of Police means the person appointed under section 108 (1) of the Constitution as the Commissioner of Police; the Deputy Chairman means the person appointed under section 106 (1) of the Constitution as the deputy chairman of the Commission; disciplinary powers includes powers in so far as it relates to any of the Cap.

84.

punishments specied in regulation 25 and, as the case may be, disciplinary action in accordance with the Police Act or the Force Standing Orders; the Force means the Kenya Police Force; the Force Standing Orders means administrative orders issued by the Cap.

84.

Commissioner of Police under section 5 of the Police Act; Cap.

84.

gazetted ofcer means gazetted ofcer within the meaning of the Police Act; Cap.

84.

ofce and, ofcer in the inspectorate be construed within the meaning of inspector as dened in the Police Act; police ofcer means an ofcer of the Force; member includes any person appointed as a member of the Commission under section 106 of the Constitution or any person for the time being appointed to act as a member under section 106 (11) of the Constitution; ofcial document means any document or paper prepared by any public ofcer in the course of his employment or any document or paper which comes into the custody of any public ofcer in the course of such employment; pensions benets means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public CAP54.

185 Service Commissions [Rev.

2009 [Subsidiary] ofcers, or to the widows, children, dependants or personal representatives of such persons, in respect of that Service; pensionable public ofcer means any gazetted ofcer or ofcer in the inspectorate in the Force who has been conrmed in ofce and admitted to the permanent and pensionable establishment; promotion means the conferment upon a gazetted ofcer or an ofcer in the inspectorate of an ofce to which is attached a higher salary or higher salary scale than that attached to the ofce to which he was last substantively appointed; public ofcer means any person holding or acting in any public ofce; the Secretary means the person appointed as secretary to the Commission under section 3 (1) of the Act; seniority means the relative seniority of gazetted ofcers or ofcers in the inspectorate and, except as may be otherwise provided by the Commission or in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows (a) as between gazetted ofcers or ofcers in the inspectorate of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any ofcers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; (iii) if any ofcers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable to a pensionable grade), their senior- ity relative to each other shall be determinable by reference to their respective ages; (b) as between gazetted ofcers or ofcers in the inspectorate of different grades on the same salary scale or the same at rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between gazetted ofcers or ofcers in the inspectorate of different grades on different salary scales, by reference to the maximum point on their salary scales, a at rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the at rate: Provided that when assessing the seniority of a pensionable public ofcer, service by himself or any other person in a non-pensionable capacity shall not Rev.

2009] Service Commissions CAP.

185 55 be taken into account; [Subsidiary] (2) Nothing in these Regulations empowering the Commissioner of Police or any other person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

These Regulations shall apply to all gazetted ofcers and ofcers in Application.

the inspectorate in the Kenya Police Force, and to the exercise of the powers and the performance of the duties and the functions of the Commission in relation to such ofcers.

part IIGeNeral 4.

Decisions may be made by the Commission without a meeting by Decisions may be circulation of the relevant papers among the members and the expression of made by circulation their views in writing, but any member shall be entitled to require that any such of papers.

decision shall be deferred until the subject matter is considered at a meeting of the Commission.

Any member who dissents from a decision of the Commission shall Dissent by members.

be entitled to have his dissent and his reason therefor set out in the records of the Commission.

A record shall be kept of the members present and of the business Record of meetings.

transacted at every meeting of the Commission.

and production of documents.

(4) Notwithstanding sub regulations (1), (2) and (3), a public ofcer may withhold information on any matter or production of an ofcial document when directed by the President in writing to do so.

All correspondence for the Commission shall be addressed to the Correspondence.

Secretary or, in special cases, to the Chairman.

CAP56.

185 Service Commissions [Rev.

2009 [Subsidiary] 9.

The Commission shall, at the request of the Commissioner of Police Right of hear him or his representative personally in connexion with any matter he has Commissioner of referred to the Commission.

Police to be heard.

(1) The following powers vested in the Commission are, subject to to Commissioner of these Regulations and to such instructions as the Commission may, from time Police.

to time issue, delegated to the Commissioner of Police (a) in respect of all ofces in the inspectorate (i) the power of appointment, including acting appointment and promotion; (ii) the power of extension of the probationary period of any such ofcer; (iii) the power to terminate the probationary appointment of any such ofcer under these Regulations and any other regulations which may be in force; (b) in respect of all gazetted ofces and ofces in the inspectorate, the power of conrmation in appointment of any ofcer appointed on probation; (c) in respect of all gazetted ofcers and ofcers in the inspectorate serving on written contracts or letters of temporary appointment, the power to terminate, otherwise than by dismissal, in accordance with the provisions of a written contract or a letter of temporary appointment, the appointment of the ofcer serving on such contract or letter of temporary appointment.

(2) Nothing in these Regulations shall affect the power of the Commission to terminate the appointment of such ofcer in accordance with a term or condition contained in his contract or letter of appointment.

(4) The Commissioner of Police exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.

(5) A gazetted ofcer or an ofcer in the inspectorate affected by the decision of the Commissioner of Police under this regulation may, through the Commissioner of Police, appeal to the Commission within forty-two days from the date of receiving the decision appealed against.

(6) Notwithstanding the provisions of this regulation, the Commission may, when necessary, institute an enquiry to determine whether or not the Rev.

2009] Service Commissions CAP.

185 57 powers delegated under this regulation have been properly exercised by the [Subsidiary] Commissioner of Police.

11.

(1) The Commissioner of Police exercising the powers conferred by regulation 10 (1) (a) (i) shall Notication of vacancies.

(a) at least twenty-one days before the exercise of the powers, notify the Commission of the vacancies or the particulars respecting the appointment or promotion, as the case may be; and (b) at most twenty-one days after exercising the powers, notify the Commission of the particulars of the ofcer in the inspectorate appointed or promoted as the case may be.

(2) For gazetted ofces, if a vacancy occurs or it is known that a vacancy will occur, the Commissioner of Police shall notify the Commission and the Commission shall take the appropriate steps to ll that vacancy.

12.

Where vacancies are to be lled according to the results of Vacancies dependent examinations held under the authority of the Commission, the Commission shall on examinations.

make such arrangements and issue such instructions as may be appropriate.

13.

(1) Subject to sub regulation (2), applications for appointment Advertisement of to vacancies shall be invited by public advertisement in such manner as the vacancies.

Commission may determine.

(2) A vacancy need not be advertised where (a) the Commission is satised that the vacancy should be lled by the appointment or re-engagement or promotion of a Police ofcer; or (b) the Commission is satised that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualied.

(3) Where the Commissioner of Police is conferred with the delegated powers of appointment and promotion, the Commissioner shall exercise such powers in the manner determined by the Commission under sub regulation (1).

14.

(1) In selecting candidates for appointment and promotion the Criteria concerning Commission and the Commissioner of Police as the case may be, shall have appointments.

regard to the efciency of the Force and in considering the claims of police ofcers for promotion, merit and ability shall be taken into account as well as seniority, experience and ofcial qualications; and as between gazetted ofcers or ofcers in the inspectorate of equal ofcial qualications, proved merit and suitability for the vacancy in question, shall be given greater weight than seniority.

(2) Recommendations made to the Commission by the Commissioner of Police for promotion of gazetted ofcers shall state whether the person CAP58.

185 Service Commissions [Rev.

2009 [Subsidiary] recommended is the senior gazetted ofcer in the Force or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in the Force or grade over whom it is proposed that the person recommended should be promoted and the Commission shall make a decision.

Probationary 15.

(1) Where a gazetted ofcer has been appointed on probation the appointments.

Commissioner of Police shall, not less than three months before the expiration of the probationary period, inform the Commission whether in his opinion (a) the probationary period should be extended so as to afford the gazetted ofcer further opportunity to pass any examination, the passing of which is a condition of the conrmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the gazetted ofcer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or (c) the gazetted ofcers appointment should be terminated.

(2) The Commissioner of Police shall not recommend the extension or termination of an appointment under paragraph (b) or paragraph (c) of sub regulation (1) unless he has rst, by letter, informed the ofcer of his intention and of the right of the ofcer to make representations thereon within a period to be specied in such letter and required the ofcer to acknowledge receipt of such letter in writing within that period; the Commissioner of Police shall attach copies of all such correspondence to his recommendation.

(3) Notwithstanding sub regulation (1) but subject to sub regulation (2), the Commissioner of Police may, at any time, recommend to the Commission that a probationary appointment be terminated.

Further engagement 16.

(1) Where a gazetted ofcer is serving on contract and willing to on contract of engage for a further term of service, the Commissioner of Police shall notify the Commission of the date when such contact will expire and his recommendation gazetted ofcers.

whether it should be renewed or not.

Acting appointments.

17.

The regulations and procedures which apply to appointments and promotions shall also apply, where appropriate, to all acting appointments exceeding a period of one month, subject to such instructions as the Commission may, from time to time, issue.

Compulsory 18.

(1) If it appears to the Commissioner of Police that there is reason retirement on why a gazetted ofcer or an ofcer in the inspectorate who has been conrmed reaching retiring age.

in a pensionable ofce and who has reached the age at which he can lawfully be required to retire under the pensions legislation should be required to retire Rev.

2009] Service Commissions CAP.

185 59 [Subsidiary] from the Force, the Commissioner of Police shall advise the ofcer that his compulsory retirement is under consideration and ask whether he wishes to make any representations on such a step.

(2) The Commissioner of Police shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the ofcer should be called upon to retire.

(3) On being advised of the decision of the Commission, the Commissioner of Police shall notify the ofcer and, if the ofcer is to be retired, he shall notify the Pensions Branch of the Treasury.

(4) A gazetted ofcer or an ofcer in the inspectorate whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

19.

(1) Where it appears to the Commissioner of Police that a gazetted Retirement on ofcer or an ofcer in the inspectorate is incapable by reason of any inrmity grounds of ill health.

of mind or body of discharging the functions of his public ofce, he may (and shall if the ofcer so requests) call upon the ofcer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the ofcer is incapable as aforesaid.

(2) After the ofcer has been examined, the Director of Medical Services shall forward the medical boards proceedings, together with his comments thereon, to the Commissioner of Police, who in turn shall forward them, together with any representations which the ofcer desires to make and his own recommendation, to the Commission.

(3) Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the Commissioner of Police accordingly, it shall decide forthwith whether the ofcer should be called upon to retire on the grounds of ill health.

(4) On being advised of the decision of the Commission, the Commissioner of Police shall notify the ofcer and, if the ofcer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

20.

(1) Where a gazetted ofcer or an ofcer in the inspectorate, who Retirement on is one of a number of ofcers holding similar ofces in the Force (but one abolition of ofce or or more of such ofcers is to remain in ofce), is to be retired, either on the on re-organization abolition of the ofce he holds; or upon the re-organization of the Force for of the Kenya Police better efciency or economy, the Commissioner of Police shall inform the Force.

ofcer that his compulsory retirement is under consideration and invite him to make representations thereon, if any.

(2) The Commissioner of Police shall forward the representations, if any, together with his own observations thereon to the Commission, and the CAP60.

185 Service Commissions [Rev.

2009 [Subsidiary] Commission shall decide whether the ofcer should remain in the ofce he holds in the Force or should be transferred or seconded to another department or ministry, or the ofcer should be retired on abolition of ofce or on reorganisation of the Force for greater efciency or economy.

(3) On being advised of the decision of the Commission, the Commissioner of Police shall notify the ofcer and, if the ofcer is to be retired, he shall prepare and forward the ofcers pensions claims to the Pensions Branch of the Treasury.

(4) The provisions of this regulation shall not apply to any ofcer who has reached the age at which he can lawfully be required to retire from the Force under the pensions legislation in accordance with regulation 18.

(5) Any ofcer dissatised with the decision of the Commission under this regulation may, in writing through the Commissioner of Police, seek a review of the decision within forty-two days from the date of receiving the communication of the Commissions decision.

(6) Notwithstanding sub regulation (5), the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

Special procedure.

21.

Where the Commission is satised that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or conrmation in his appointment of a gazetted ofcer or an ofcer in the inspectorate be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

part IVdISCIplINe Delegation of 22.

(1) The following disciplinary powers vested in the Commission are, disciplinary powers subject to these Regulations and to such instructions as the Commission may, to Commissioner of from time to time issue, hereby delegated to the Commissioner of Police Police.

(a) in respect of all ofcers holding or acting in ofces in the inspectorate (i) the power to take disciplinary action against such ofcers in ac- cordance with the Police Act or the Force Standing Orders and to inict any of the punishment mentioned in regulation 25 or any other punishment which may be provided for in the Police Act or the Force Standing Orders, or to retire the ofcer in the public interest in accordance with regulation 33; (ii) the power to inict any of the punishments mentioned in paragraph (i) of regulation 25 on any such ofcer who is con- victed in any court of a criminal offence in accordance with regulation 34; Rev.

2009] Service Commissions CAP.

185 61 (b) in respect of all gazetted ofcers and ofcers in the [Subsidiary] inspectorate (i) the power to interdict any ofcer in accordance with regula- tion 23; (ii) the power to suspend any ofcer in accordance with regula- tion 24; (iii) the power to stop, withhold or defer a normal increment of any ofcer or to inict a reprimand or a severe reprimand in accordance with regulation 25; (iv) the power to stop from the pay or salary of any ofcer who has been absent from duty without leave or reasonable or lawful cause an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year in accordance with regulation 26.

(2) If at the time of exercise of disciplinary powers under subparagraph (i) of paragraph (a) of sub regulation (1), the ofcer in the inspectorate is a pensionable public ofcer who has qualied for pension benets under the pensions legislation and the Commissioner of Police is of the opinion that disciplinary action is likely to lead to the dismissal of the ofcer, the Commissioner of Police shall not exercise the delegated disciplinary powers, but shall apply regulation 32.

(3) The Commissioner of Police exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

23.

(1) If in any case the Commissioner of Police is satised that the Interdiction.

public interest requires that a gazetted ofcer or an ofcer in the inspectorate should cease forthwith to exercise the powers and functions of his ofce, he may interdict the ofcer from the exercise of those powers and functions, provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.

(2) An ofcer who is interdicted under this regulation shall receive such salary, not being less than half his salary, as the Commissioner of Police shall think t.

(3) Where disciplinary or criminal proceedings have been taken or instituted against a gazetted ofcer or an ofcer in the inspectorate under interdiction and such ofcer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragragh (2) shall be restored to him upon the termination of such proceedings.

(4) If any punishment other than dismissal is inicted, the ofcer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission in the case of a gazetted ofcer, or the Commissioner of Police in the case of an ofcer in the inspectorate, shall decide.

CAP62.

185 Service Commissions [Rev.

2009 [Subsidiary] (5) A gazetted ofcer or an ofcer in the inspectorate who is under interdiction may not leave his station without the permission of the Commissioner of Police or of any police ofcer who is empowered to give such permission on behalf of the Commissioner of Police.

(6) For the purpose of this regulation and regulation 24, salary means basic salary and, where applicable, includes inducement or overseas allowance.

Suspension.

24.

(1) Where a gazetted ofcer or an ofcer in the inspectorate has been convicted of a serious criminal offence, other than such as are referred to in regulation 34 (3), the Commissioner of Police may suspend the ofcer from the exercise of the functions of his public ofce pending consideration of his case under these Regulations.

(2) The Commissioner of Police may suspend from the exercise of the functions of his public ofce, a gazetted ofcer or an ofcer in the inspectorate against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the ofcer ought to be dismissed.

(3) While a gazetted ofcer or an ofcer in the inspectorate is suspended from the exercise of the functions of his public ofce under this regulation, he shall not be entitled to any salary.

(4) Notwithstanding sub regulation (3), the Commissioner of Police may, if he thinks t, direct that any suspended ofcer shall be granted an alimentary allowance in such amount and on such terms as he may determine.

(5) A gazetted ofcer or an ofcer in the inspectorate who is suspended may not leave his station without the permission of the Commissioner of Police or of any police ofcer who is empowered to give such permission on behalf of the Commissioner of Police.

Punishments.

25.

(1) The following are the punishments which may be inicted upon a gazetted ofcer or an ofcer in the inspectorate as a result of disciplinary proceedings under this Part (a) recovery of the cost or part of the cost of any loss or breakage caused by default or negligence, provided no such cost has been recovered by surcharge action under the appropriate nancial instructions or regulations; (b) reprimand (including severe reprimand); (c) deferment of increment; (d) withholding of increment; (e) stoppage of increment; Rev.

2009] Service Commissions CAP.

185 63 (f) reduction in rank or seniority; and [Subsidiary] (g)dismissal.

(2) Nothing in this regulation shall limit the powers conferred by these Regulations to require a gazetted ofcer or an ofcer in the inspectorate to retire from the public service on the grounds of public interest.

(3) No punishment shall be inicted on any gazetted ofcer or an ofcer in the inspectorate which would be contrary to any law.

26.

(1) Notwithstanding any other provisions of these Regulations, the Commissioner of Commissioner of Police may Police may inict (a) stop, withhold or defer normal increment of a prison ofcer for punishment.

a period not exceeding one year on the grounds of unsatisfactory service; (b) after investigation and after giving a gazetted ofcer or an ofcer in the inspectorate an opportunity for making his defence (which shall be recorded), inict on such ofcer a severe reprimand or a reprimand; or (c) stop from the pay or salary of a gazetted ofcer or an ofcer in the inspectorate who has been absent from duty without leave or lawful or reasonable cause, an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year.

(2) If the stoppage or deferment under paragraph (a) of sub regulation (1) is recommended to be continued beyond one year, the matter shall be referred to the Commission for its decision.

Absence from duty 27.

Where a gazetted ofcer or an ofcer in the inspectorate is absent without leave.

from duty without leave or reasonable or lawful cause for a period exceeding twenty-four hours and the ofcer cannot be traced within a period of ten days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from him within ten days after the despatch of the charge to him, the authority empowered to dismiss him may summarily dismiss him.

Pension rights and 28.

Subject to any law for the time being in force, a gazetted ofcer or privileges lost on an ofcer in the inspectorate who is dismissed shall forfeit all rights or claims dismissal.

to a pension, gratuity, annual allowance or other retiring award, and any rights or claims he enjoys in regard to leave or passages at the public expense.

Disciplinary 29.

(1) All acts of misconduct by a gazetted ofcer or ofcers in the procedure.

inspectorate shall be dealt with under this Part as soon as possible after the time of their occurrence.

(2) Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be CAP64.

185 Service Commissions [Rev.

2009 [Subsidiary] instituted against a public ofcer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the Commissioner of Police to initiate such proceedings.

30.

A gazetted ofcer or ofcer in the inspectorate subject to disciplinary Copies of ofce orders, minutes, action shall not be entitled to copies of ofce orders, minutes, reports or recorded reports, etc.

reasons for decisions of the disciplinary process.

31.

(1) Where proceedings have been taken against a gazetted ofcer Ofcer to be informed.

or an ofcer in the inspectorate under this Part, he shall be informed by the Commissioner of Police (a) of the ndings on each charge which has been preferred against him; (b) of the punishment, if any, to be inicted upon him; and (c) that an appeal may be lodged within forty-two days from the conclusion of such proceedings.

(2) Failure to communicate right of appeal under sub regulation (1) shall not invalidate the said ndings or punishment.

Disciplinary 32.

(1) This regulation applies where the Commissioner of Police proceedings leading considers it necessary to institute disciplinary proceedings against a gazetted to dismissal or ofcer or ofcer in the inspectorate to whom this regulation applies on the reduction in rank or ground of misconduct which, if proved, would in his opinion justify dismissal seniority.

or reduction in rank or seniority of a gazetted ofcer or dismissal of an ofcer in the inspectorate.

(2) The Commissioner of Police after such preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, shall (i) forward to the ofcer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and (ii) invite the ofcer to state in writing, should he so desire, be- fore a day to be specied, any grounds on which he relies to exculpate himself.

(3) If the ofcer does not furnish a reply to a charge or charges forwarded under sub regulation (2) within the period specied, or if in the opinion of the Commissioner of Police he fails to exculpate himself, the Commissioner of Police shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the ofcer and the comments by the Commissioner of Police thereon.

(4) If, on consideration of the statement of the charge or charges, the Rev.

2009] Service Commissions CAP.

185 65 [Subsidiary] reply, if any, of the gazetted ofcer, and the comments of the Commissioner of Police, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inicted on the ofcer, or whether he should be retired in the public interest.

(5) If the Commission, on consideration of the submissions by the Commissioner of Police, is of the opinion that the matters should be further investigated, it shall direct the Commissioner of Police to conduct such further investigation.

(6) Any investigation carried out under this regulation shall be undertaken by police ofcers senior to the accused ofcer, who have not, directly or indirectly, dealt with the case before.

(7) If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the Commissioner of Police shall follow the same procedure as was adopted in framing the original charges.

(8) After conducting the investigation, the Commissioner of Police shall forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to the inquiry; and the report of the investigation under this regulation shall include (a) a statement whether the charge or charges against the accused gazetted ofcer have been proved and the reasons therefore; (b) details of any matters which may aggravate or alleviate the gravity of the case; and (c) a summing up and such general comments as will indicate clearly the opinion on the matter being investigated.

(9) The report of the investigation submitted under sub regulation (8) shall not make any recommendation regarding the form of punishment to be inicted on the accused ofcer.

(10) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplied in any way or that further investigation is desirable, refer the matter back to the Commissioner of Police who shall conduct the investigation for a further report.

(11) The Commission shall decide on any of the punishments in regulation 25, if any, which should be inicted on the accused ofcer, or whether he should be retired in the public interest.

(12) The provisions of this regulation shall apply to dismissal or reduction in rank or seniority proceedings of a gazetted ofcer and, to dismissal proceedings of an ofcer in the inspectorate who has qualied for pensions benets under the pensions legislation.

CAP66.

185 Service Commissions [Rev.

2009 [Subsidiary] 33.

(1) If the Commissioner of Police, after having considered every Retirement on grounds of public report in his possession made with regard to a gazetted ofcer or an ofcer in interest.

the inspectorate, is of the opinion that it is desirable, in the public interest, that the service of the ofcer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the ofcer, in writing, specifying the complaints by reason of which his retirement in the public interest is contemplated, together with the substance of any report or part thereof that is detrimental to the ofcer.

(2) If, after giving a gazetted ofcer an opportunity of showing cause why he should not be retired in the public interest, the Commissioner of Police is satised that the ofcer should be required to retire in the public interest, he shall, in the case of any gazetted ofcer, forward to the Commission the report on the case, the gazetted ofcers reply and his own comments, and the Commission shall decide whether the gazetted ofcer should be required to retire in the public interest.

(3) In the case of an ofcer in the inspectorate, if, after giving the ofcer an opportunity of showing cause why his service should not be terminated, the Commissioner of Police is satised that the ofcer should be retired in the public interest, he shall so decide.

(4) Where an ofcer is retired in the public interest, the Commissioner of Police shall furnish the Pensions Branch of the Treasury with full details of the case.

34.

(1) If a gazetted ofcer is convicted of a criminal offence which, in Ofcer convicted of the opinion of the Commissioner of Police warrants disciplinary proceedings, the criminal offence.

Commissioner of Police shall forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the Commission shall decide whether the gazetted ofcer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

(2) If an ofcer in the inspectorate is convicted of a criminal offence which, in the opinion of the Commissioner of Police warrants disciplinary proceedings, the Commissioner of Police may himself dismiss the ofcer or subject him to any of the other punishments mentioned in regulation 25.

(3) If the ofcer is a pensionable public ofcer who has qualied for pensions benets under the pensions legislation and the Commissioner of Police is of the opinion that the ofcer should be dismissed, the Commissioner of Police shall forward the matter to the Commission with his recommendation thereon and the Commission shall decide whether the ofcer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

(4) For the purposes of this regulation, proceedings for minor offences, Cap.

403.

such as those under the Trafc Act and by-laws, may be disregarded, and disciplinary proceedings shall normally be conned to proceedings under the Cap.

63.

Penal Code and other Acts where a prison sentence may be imposed, other than in default of payment of a ne.

Rev.

2009] Service Commissions CAP.

185 67 [Subsidiary] part VappealS aNd reVIewS Appeals and reviews 35.

(1) An appeal by a gazetted ofcer shall lie to the Commission through the Commissioner of Police against an order made under these by gazetted ofcers.

Regulations in relation to him in disciplinary proceedings involving any of the punishments mentioned in regulation 25, except that no appeal shall be entertained in any case unless it is received within forty two days of the date upon which the decision is addressed to the gazetted ofcer.

(2) Notwithstanding sub regulation (1), the Commission may entertain an appeal out of time if in the opinion of the Commission the circumstances warrant it.

(3) The Commission shall entertain an appeal only once in respect of each case.

(4) A gazetted ofcer may, within one year of the date upon which any decision of the Commission under this Part and Part IV of these Regulations is addressed to the ofcer, apply through the Commissioner of Police for review and the application may be admitted if the Commission is satised that there appears in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

Appeals by ofcers 36.

Any ofcer in the inspectorate who wishes to appeal to the in the inspectorate.

Commission against the decision of the Commissioner of Police under this Part shall submit a memorandum of appeal through the Commissioner using appropriate police channels within forty two days from the date of the decision appealed against.

Limitations to 37.

(1) No appeal shall be allowed in the case of any ofcer in the inspectorate who has pleaded guilty except as to the extent or legality of the appeals by ofcers in punishment.

the inspectorate.

(2) An ofcer in the inspectorate, who has been awarded a punishment in absentia, in accordance with paragraph 16 of chapter 20 of the Force Standing Orders, shall not have the right of appeal except as to the extent or legality of the punishment.

Transmission of 38.

(1) The ofcer who inquired into the offence shall forthwith appeal.

transmit any memorandum of appeal to the Commissioner of Police through the appropriate police channels, together with a copy of the whole proceedings and such comment as he may deem relevant.

(2) The Commissioner of Police shall forward such copy of the proceedings together with such comment as he may deem relevant, to the CAP68.

185 Service Commissions [Rev.

2009 [Subsidiary] Commission.

(3) Before forwarding a copy of proceedings to the Commission under sub regulation (2), the Commissioner of Police may require such appeal to be made to and decided by a police ofcer higher in rank than the police ofcer awarding punishment before it is made to the Commission.

Appeal not to be 39.

The Commission shall in no circumstances consider an appeal unless considered unless it is submitted through the appropriate police channels, and unless the subject sent through proper matter has already been considered by the Commissioner of Police and the channels.

appellant is dissatised with the decision of the Commissioner of Police.

Determination of 40.

(1) On receipt of an appeal under regulation 39 the Commission appeal.

or ofcer considering the appeal may, after due deliberation, order that the conviction, punishment or order be conrmed, reversed, enhanced, reduced, suspended or set aside, or that the nature of the punishment or order be altered and in any such case may make any amendment or any consequential or incidental order that may appear just and proper.

(2) The Commission or the police ofcer considering the appeal shall not, on appeal, award any greater punishment than might have been awarded by the police ofcer inquiring into the offence in the rst instance.

41.

(1) An ofcer in the inspectorate may, within one year of the date Review by ofcer in upon which any decision of the Commission under this Part is addressed to the inspectorate.

the ofcer, apply through the Commissioner of Police for review and the application may be admitted if the Commission is satised that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

(2) An application to review a decision of the Commission made on review shall not be entertained and no disciplinary action shall be deferred or suspended pending determination of an appeal or a review.

part VIMISCellaNeOuS Transmission of 42.

The Secretary of the Commission shall cause the decision of the decision.

Commission on any matter to be transmitted to the Commissioner of Police, who shall forward such decision through the relevant channels to the concerned police ofcer.

Service of notices, 43.

Where under these Regulations it is necessary to serve any notice, etc.

charge or other document upon a police ofcer; or to communicate any information to any police ofcer having absented himself from duty; and it is not possible to effect such service upon, or communicate such information to the police ofcer personally or through the relevant Force channels, it shall be sufcient if the notice, charge or other document, or a letter containing such information, is sent by registered post addressed to his usual or last known place of address or post ofce box.

Rev.

2009] Service Commissions CAP.

185 69 [Subsidiary] 44.

Nothing in these Regulations shall prevent a gazetted ofcer or an Advance copies to ofcer in the inspectorate from sending, directly to the Commission, an advance the Commission.

copy of a document which under these Regulations is required to be forwarded to the Commission through the Commissioner of Police.

45.

The Commission may institute an audit or investigation of the manner Audit and in which the Commissioner of Police has exercised any of the powers delegated investigation.

by the Commission under these Regulations.

46.

Any case not covered by these Regulations shall be dealt with in Cases not covered by accordance with such instructions as the Commission may, from time to time, Regulations.

issue.

47.

The Commission may prescribe forms for the better carrying out of Commission may the provisions of these Regulations.

prescribe forms.

48.

The Public Service Commission (Police Force) Regulations are Revocation of revoked.

sub-leg.

CAP70.

185 Service Commissions [Rev.

2009 [Subsidiary] THE PUBLIC SERVICE COMMISSION (LOCAL L.N.

72/2007.

AUTHORITY OFFICERS) REGULATIONS, 2007 part IprelIMINary Citation.

These regulations may be cited as the Public Service Commission (Local Authority Ofcers) Regulations, 2007.

Interpretation.

(1) In these Regulations, unless the context otherwise requires Chairman means the person appointed under section 106 of the Constitution as the chairman of the Commission and includes the Deputy Chairman or a member of the Commission who acts as the chairman of the Commission in accordance with subsection (10) of that section; chief ofcer means a local authority ofcer holding or acting in the ofce of head of a department in a local authority and includes a deputy clerk, town treasurer, county treasurer, town engineer, medical ofcer of health, education ofcers, director of housing, planning and social services and, public health ofcer; clerk to council means the town clerk of a city or municipal council or the clerk of a county council or town council includes, a person duly appointed to act as clerk to council; Commission means the Public Service Commission established under section 106(1) of the Constitution; Council means the council of a local authority; Deputy Chairman means the person appointed under section 106(1) of the Constitution as the deputy chairman of the Commission; disciplinary control includes control in so far as it related to any of the punishments specied in regulation 26; local authority means a city council, municipal council, county council, Cap.

265.

town council, or urban council established under the Local Government Act; local Authority Ofcer means a person holding or acting in an ofce on the staff of a local authority; member includes any person appointed as a member of the Commission under section 106 of the Constitution or any person for the time being appointed to act as a member under section 106 (11) of the Constitution; ofcial document means any document or paper prepared by any public ofcer in the course of his employment or any document or paper which comes into the custody of any public ofcer in the course of such employment; promotion means the conferment upon a person in the public service Rev.

2009] Service Commissions CAP.

185 71 [Subsidiary] of an ofce to which is attached a higher salary or higher salary scale than that attached to the ofce to which he was last substantively appointed; public ofcer means any person holding or acting in any public ofce and includes a local authority ofcer; salary means basic salary and, where applicable, includes inducement or overseas allowance; Secretary means the person appointed as secretary to the Commission under section 3(1) of the Act; seniority means the relative seniority of local authority ofcers and , except as may be otherwise provided by the Commission of in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows (a) as between local authority ofcers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) in any local authority ofcers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; (iii) if any local authority ofcers who entered the same grade on the same day did so by appointment and not by promotion (exclud- ing promotion from a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages; (b) as between local authority ofcers of different grades on the same salary scale or the same at rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between local authority ofcers of different grades on different salary scales, by reference to the maximum point on their salary scales, a at rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the at rate; (d) when assessing the seniority of a pensionable local authority ofcer, service by himself or any other person in a non-pensionable capacity shall not be taken into account; transfer means the conferment, whether permanently or otherwise, of some ofce in a local authority other than that to which the person concerned was last substantively appointed, not necessarily being a promotion; but the posting or secondment of a local authority ofcer between duty posts in the same grade in the local authority service shall not be regarded for this purpose as a transfer.

CAP72.

185 Service Commissions [Rev.

2009 [Subsidiary] (2) Nothing in these Regulations empowering a local authority or any person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

part IIGeNeral Application.

These Regulations shall apply to all ofcers in the local authorities, and the performance of the duties and the functions of the Commission in relation to such ofcers.

Decisions may be 4.

Decisions may be made by the commission without a meeting by used by circulation of circulation of the relevant papers among the members and the expression of papers.

their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Commission.

Dissent by members.

Any member who dissents from a decision of the Commission shall be entitled to have his dissent and the reason therefore set out in the records of the Commission.

Record of meetings.

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

Commission may require attendance 7.

(1) The Commission may require any public ofcer to attend and give and production of information before it concerning any matter which it is required to consider in documents.

exercise of its functions.

(4) Notwithstanding paragraphs (1), (2) and (3), a public ofcer may withhold information on any matter or production of an ofcial document when directed by the President in writing to do so.

Correspondence.

All correspondence for the Commission shall be addressed to the Secretary or, in special cases, to the Chairman.

Right of the clerk to 9.

(1) The Commission shall, at the request of a clerk to council, hear him council to be heard.

or his representative personally in connexion with any matter a local authority has referred to the Commission.

Rev.

2009] Service Commissions CAP.

185 73 [Subsidiary] (2) The Commission shall, at the request of the permanent secretary to the ministry for the time being responsible for local authorities, hear him or his representative personally in connexion with any matter relating to a local authority ofcer.

part IIIappOINtMeNt (INCludING aCtING appOINtMeNtS exCeedING a perIOd OF ONe MONth aNd teMpOrary appOINtMeNtS), prOMOtIONS, traNSFerS, CONFIrMatION OF appOINtMeNtS aNd terMINatION OF appOINtMeNtS (OtherwISe thaN by dISCIplINary prOCeedINGS) 10.

(1) The following powers vested in the Commission are subject to Delegation of powers these Regulations and to such instructions as the Commission may, from time to local authorities.

to time issue, delegated to a local authority (a) in respect of all local authority ofcers who have been assigned the salary scale SS 10 and below (i) the power of appointment, including acting appointment, promotion and transfer; (ii) the power of extension of the probationary period of any such ofcers; (iii) the power to terminate the probationary appointment of any such public ofcer under these Regulations and any other law which may be in force; (b) in respect of all local authority ofcers, irrespective of their Salary Scales, the power of conrmation in appointment of any local authority ofcer appointed on probation; (c) in respect of local authority ofcers serving on written contracts or Letters of Temporary Appointment, the power to terminate, otherwise that by dismissal, in accordance with the provisions of a written contract or a Letter of Temporary Appointment, the appointment of a local authority ofcer serving on such contract of Letter of Temporary Appointment.

(2) Nothing in these Regulations shall affect the power of the Commission to terminate the appointment of a local authority ofcer in accordance with the terms or conditions contained in his contract or letter of appointment.

(3) A local authority exercising the powers conferred on it by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.

(4) A local authority ofcer affected by the decision of the local authority under this regulation may, through the clerk to council, appeal to the Commission within forty-two days from the date of receiving the decision appealed against.

CAP74.

185 Service Commissions [Rev.

2009 [Subsidiary] (5) Notwithstanding the provisions of this regulation, the Commission may, when necessary, institute an inquiry to determine whether or not the powers delegated under this regulation have been properly exercised by a local authority.

11.

(1) A local authority exercising the powers conferred by regulation Notication of 10(1) (a) (i) shall vacancies.

(a) at least twenty- one days before the exercise of powers, notify the Commission of the vacancies or the particulars respecting the appointment or promotion or transfer, as the case may be; and (b) within twenty-one days after exercising the powers, notify the Commission of particulars of the local authority ofcer appointed or promoted or transferred, as the case may be.

(2) Where delegated powers of appointment under regulation 10 are not conferred to a local authority and a vacancy occurs or it is known that a vacancy will occur, the clerk to council shall notify the Commission and the Commission shall take the appropriate steps to ll that vacancy.

Vacancies dependent 12.

Where vacancies are to be lled according to the results of on examinations.

examinations held under the authority of the Commission, the Commission shall make such arrangements and issue such instructions as may be appropriate.

Advertisement of 13.

(1) Subject to paragraph (2), applications for appointment to vacancies vacancies.

shall be invited by public advertisement in such manner as the Commission may determine.

(2) A vacancy need not be advertised where (a) the Commission is satised that the vacancy should be lled by the appointment or reappointment or re-designation of a local authority ofcer holding an ofce in the local authority in which the vacancy exists or by the continued employment of a local authority ofcer on temporary terms; or (b) the Commission is satised that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualied.

(3) Where, in the opinion of the Commission, it would be likely to nd a public ofcer in some ministry or department or public body other than the local authority in which the vacancy occurs, it may invite applications from serving public ofcers.

(4) Where a local authority is conferred with the delegated powers of appointment, the local authority shall exercise such powers in the manner determined by the Commission under paragraph (1).

Criteria concerning 14.

(1) In selecting candidates for appointment, promotion and transfer, Rev.

2009] Service Commissions CAP.

185 75 [Subsidiary] the Commission or local authority shall have regard to the efciency of a local appointments.

authority and, in considering the claims of local authority ofcers for promotion, merit and ability shall be taken into account as well as seniority, experience and ofcial qualications; and as between local authority ofcers of equal ofcial qualications, proved merit and suitability for the vacancy in question, shall be given greater weight than seniority.

(2) Recommendations made to the Commission by a local for promotion shall state whether the person recommended is a senior local authority ofcer in the local authority or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in that local authority or grade over whom it is proposed that the person recommended should be promoted and the Commission shall make a decision.

Probationary 15.

(1) Where a local authority ofcer has been appointed on probation appointments.

the local authority shall, not less than three months before the expiration of the probationary period, inform the Commission whether in its opinion (a) the probationary period should be extended so as to afford the local authority ofcer further opportunity to pass any examination, the passing of which is a condition of the conrmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the local authority ofcer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on ; or (c) the local authority ofcers appointment should be terminated.

(2) The local authority shall not recommend the extension or termination of an appointment under subparagraph (b) or subparagraph (c) of paragraph (1) unless it has rst, by letter, informed the local authority ofcer of its intention and of the right of the ofcer to make representations thereon within a period to be specied in such letter and required the ofcer to acknowledge receipt of such letter in writing within that period; the local authority shall attach copies of all such correspondence to its recommendation.

(3) Notwithstanding paragraph (1) but subject to paragraph (2), the local authority may, at any time, recommend to the Commission that a probationary appointment be terminated.

Transfers 16.

(1) Where it is desired to transfer a local authority ofcer assigned salary scale SS 9 or above from his present local authority to another local authority with or without change of designation or grading, the recommendations and comments of the local authorities concerned shall be forwarded to the Commission, which shall decide whether the transfer should be approved.

(2) Where it is desired to transfer a local authority ofcer assigned salary scale SS 9 or above from his present ofce to another ofce on a different designation but of similar grading, either in his own or in another local authority, the local authority or authorities concerned, as the case may be, shall forward CAP76.

185 Service Commissions [Rev.

2009 [Subsidiary] its or their recommendations and comments to the Commission, which shall decide whether the transfer should be approved.

(3) The recommendations and comments to the Commission under this regulation shall be forwarded by the clerk to council through the Permanent Secretary to the Ministry for the time being responsible for local authorities.

(4) Nothing in this regulation shall apply to the posting of local authority ofcers from one station to another in their substantive capacities within a local authority.

Further engagement 17.

(1) Subject to regulation 10 (1) (c), where a local authority ofcer is on contract.

serving on a written contract and is willing to engage for a further term of service, the local authority shall notify the Commission of the date when such contract will expire, and its recommendation whether it should be renewed or not.

(2) So far as is practicable, every notication under paragraph (1) shall be forwarded to the Commission in sufcient time to enable the Commission to give its decision not less than three months before the local authority ofcers contract is due to expire.

(3) The notication under this regulation shall be forwarded by the clerk to Council through the Permanent Secretary to the Ministry for the time being responsible for local authorities.

Acting appointments.

18.

Compulsory 19.

(1) Where it appears to a local authority that there is reason why a local retirement on reaching the authority ofcer should be called upon to retire from the local authority service mandatory retirement on the grounds that he has reached the age at which he can lawfully be required age.

to retire from the service under the rules relating generally to the establishment, control, management and maintenance of, and contribution to, and benets from any pensions, provident or benevolent fund established by the local authority, the local authority shall advice the ofcer that his compulsory retirement is under consideration and ask if he wishes to make any representations thereon.

(2) The local authority shall forward such representations, if any, together with its own observations to the Commission, and the Commission shall decide whether the local authority ofcer should be called upon to retire.

(3) On being advised of the decision of the Commission, the local authority shall notify the local authority ofcer and, if the ofcer is to be retired, it shall take the necessary steps for the ofcer to be paid his retirement benets.

(4) A local authority ofcer whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

Rev.

2009] Service Commissions CAP.

185 77 [Subsidiary] 20.

(1) Where it appears to a local authority that a local authority ofcer Retirement on is incapable by reason of any inrmity of mind or body of discharging the grounds of ill health.

functions of his ofce, it may (and shall if the local authority ofcer so requests) call upon the local authority ofcer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the local authority ofcer is incapable as aforesaid.

(2) After the local authority ofcer has been examined, the Director of Medical Services shall forward the medical boards proceedings, together with his comments thereon, to the local authority, which in turn shall forward them, together with any representations which the local authority ofcer desires to make and its own recommendation, to the Commission.

(3) Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the local authority accordingly, it shall decide forthwith whether the local authority ofcer should be called upon to retire on the grounds of ill health.

(4) On being advised of the decision of the Commission, the local authority shall notify the local authority ofcer and, if the ofcer is to be retired on the grounds of ill health, it shall take the necessary steps for the ofcer to be paid his retirement benets.

21.

(1) Where a local authority ofcer, who is one of a number of local Retirement on authority ofcers holding similar local authority ofces, is to be retired, either abolition of ofce or on the abolition of the ofce he holds; or upon the re-organization of the local on re-organization of authority in which he holds an ofce for better efciency or economy, but one a local authority.

or more of such local authority ofcers is to remain in ofce, the local authority shall inform the local authority ofcer that his compulsory retirement is under consideration and invite him to make representations thereon, if any.

(2) The local authority shall forward the representations, if any, together with its own observations thereon to the Commission, and the Commission shall decide whether the local authority ofcer should remain in the ofce he holds in the local authority service, should be transferred or seconded to another local authority, Government Department, Ministry, or the ofcer should be retired on abolition of ofce or on reorganization of the local authority for greater efciency or economy.

(4) The provisions of this regulation shall not apply to any local authority ofcer who has reached the age at which he can lawfully be required to retire from the local authority service under the rules relating generally to the establishment, control, management and maintenance of, and contribution to, and benets from any pension, provident or benevolent fund established by the local authority in accordance with regulation 19.

CAP78.

185 Service Commissions [Rev.

2009 [Subsidiary] (5) Any local authority ofcer dissatised with the decision of the Commission under this regulation may, in writing through the clerk to council, seek a review of the decision within forty-two days from the date of receiving the communication of the Commissions decision.

(6) Notwithstanding paragraph (5), the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

Special procedure.

22.

Where the Commission is satised that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or conrmation in his appointment of a local authority ofcer be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

part IVdISCIplINe Delegation of powers 23.

(1) The following disciplinary powers vested in the Commission are, to local authorities.

subject to these Regulations and to such instructions as the Commission may, from time to time issue, hereby delegated to a local authority (a) in respect of all local authority ofcers (i) the power to interdict any local authority ofcer under regula- tion 24; (ii) the power to suspend any local authority ofcer under regula- tion 25; (iii) the power to stop, withhold or defer a normal increment of any local authority ofcer or to inict a severe reprimand or a repri- mand on him or to stop his pay or salary under regulation 27; (b) in respect of all local authority ofcers assigned salary scale SS 10 and below (i) the power of dismissal or reduction in rank or seniority in ac- cordance with regulation 35; (ii) the power to inict any of the punishments mentioned in para- graph (1) of regulation 26 on a public ofcer who is convicted in any court of a criminal offence in accordance with regulation 38.

(2) Any local authority exercising the powers conferred on it by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

Interdiction.

24.

(1) Where in any case a local authority is satised that the public Rev.

2009] Service Commissions CAP.

185 79 [Subsidiary] interest requires that a local authority ofcer should cease forthwith to exercise the powers and functions of his ofce, it may interdict the local authority ofcer from the exercise of those powers and functions, provided proceedings which may lead to his dismissal are being taken of are about to be taken or that criminal proceedings are being instituted against him.

(2) A local authority ofcer who is interdicted shall receive such salary, not being less than half his salary, as the local authority shall deem t.

(3) Where disciplinary or criminal proceedings have been taken or instituted against a local authority ofcer under interdiction and such local authority ofcer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) shall be restored to him upon the termination of such proceedings.

(4) Where any punishment other than dismissal is inicted, the local authority ofcer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide.

(5) A local authority ofcer who is under interdiction may not leave his station without the permission of the local authority or of any local authority ofcer who is empowered to give such permission on behalf of the local authority.

25.

(1) Where a local authority ofcer has been convicted of a serious Suspension.

criminal offence, other than such as are referred to in regulation 38 (3), a local authority may suspend the local authority ofcer from the exercise of the functions of his ofce pending consideration of his case under these Regulations.

(2) A local authority may suspend from the exercise of the functions of his ofce, a local authority ofcer against whom proceedings for dismissal have been taken if, as the result of those proceedings, it considers that the local authority ofcer ought to be dismissed.

(3) While a local authority ofcer is suspended from the exercise of the functions of his local authority ofce under this regulation, he shall not be entitled to any salary.

(4) Notwithstanding paragraph (3) the local authority may, if it thinks t, direct that any suspended local authority ofcer shall be granted an alimentary allowance in such amount and on such terms as it may determine.

(5) A local authority ofcer who is suspended may not leave his station without the permission of the local authority or of any local authority ofcer who is empowered to give such permission on behalf of the local authority.

26.

(1) The following are the punishments which may be inicted upon Punishments.

a local authority ofcer as a result of disciplinary proceedings under this Part (a) recovery of the cost or part of the cost of any loss or breakage CAP80.

185 Service Commissions [Rev.

2009 [Subsidiary] caused by default or negligence provided no such cost has been recovered by surcharge action under section 236 of the Local Cap.265.

Government Act.

(b) Reprimand (including severe reprimand); (c) Deferment of increment; (d) Withholding of increment; (e) Stoppage of increment; (f) Reduction in rank or seniority; and (g) Dismissal.

(2) Nothing in this regulation shall limit the powers conferred by these Regulations to require a local authority ofcer to retire from the local authority service on the grounds of public interest.

(3) No punishment shall be inicted on any local authority ofcer which would be contrary to any law.

Local authorities may 27.

(1) Notwithstanding any other provisions of these Regulations, a local authority may, without reference to the Commission inict punishments.

(a) stop, withhold or defer a local authority ofcers normal increment for a period not exceeding one year on the grounds of unsatisfactory service; (b) notwithstanding subparagraph (a) where the stoppage or deferment is recommended to be continued beyond one year, the matter shall be referred to the Commission for its decision; (c) after investigation and after giving the local authority ofcer an opportunity for making his defence (which shall be recorded), inict on a local authority ofcer a severe reprimand or a reprimand; or (d) stop the pay or salary of a local authority ofcer who has been absent from duty without leave or lawful cause or reasonable excuse, an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year.

(2) A local authority exercising the powers conferred on it by this regulation shall act in accordance with regulation 33.

Absence from duty without leave.

28.

Where a local authority ofcer is absent from duty without leave or reasonable or lawful cause for a period exceeding twenty-four hours and the local authority ofcer cannot be traced within a period of ten days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from him within ten days after the dispatch of the Rev.

2009] Service Commissions CAP.

185 81 charge to him, the authority empowered to dismiss him may summarily dismiss [Subsidiary] him.

29.

Subject to any law for the time being in force, a local authority ofcer Pension rights and who is dismissed shall forfeit all rights or claims to pension, gratuity, annual privileges lost on allowance or other retiring award, and any rights or claims he enjoys in regard dismissal.

to leave or passages at the local authority expense.

30.

(1) All acts of misconduct by local authority ofcers shall be dealt Disciplinary with under this Part as soon as possible after the time of their occurrence.

procedure.

(2) Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be instituted against a local authority ofcer, the Commission shall, notwithstanding any other previous provisions of these regulations, direct the local authority to initiate such proceedings.

31.

A local authority ofcer subject to disciplinary action shall not be Copies of ofce entitled to copies of ofce orders, minutes, reports or recorded reasons for orders, minutes, decisions of the disciplinary process.

reports etc.

32.

(1) An appeal by a local authority ofcer shall lie to the Commission Appeals and review.

through the clerk to council concerned against an order made under these Regulations in relation to the local authority ofcer subject to disciplinary proceedings involving any of the punishments mentioned in regulations 26 and 27 except that no appeal shall be entertained in any case unless it is received within forty-two days of the date upon which the decision is addressed to the local authority ofcer.

(2) Notwithstanding paragraph (1) the Commission may entertain an appeal out of time if, in the opinion of the Commission, the circumstances warrant it.

(3) Nothing in this regulation shall prevent a clerk to council or any chief ofcer from appealing directly to the commission for redress without having to channel his appeal through his clerk to council.

(4) The Commission shall entertain an appeal only once in respect of each case.

(5) A local authority ofcer may, within one year of the date upon which any decision of the Commission under this Part is addressed to the local authority ofcer, apply for review and the application may be admitted if the Commission is satised that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

(6) An application to review a decision of the Commission made on review shall not be allowed.

(7) Notwithstanding the right of appeal or the right to apply for review CAP82.

185 Service Commissions [Rev.

2009 [Subsidiary] conferred on a local authority ofcer by this regulation, disciplinary action shall not be deferred or suspended pending the determination of the appeal or the application for review.

33.

(1) Where proceedings have been taken against a local authority Ofcer to be informed.

ofcer under this Part, he shall be informed by the local authority (a) of the ndings on each charge which has been preferred against him; (b) of the punishment, if any, to be inicted upon him; and (c) that an appeal may be lodged within forty-two days from the conclusion of such proceedings.

(2) Failure to communicate the right to appeal under paragraph (1) shall not invalidate the said ndings or punishment.

Disciplinary 34.

(1) The provisions of this regulation shall apply to disciplinary proceedings proceedings for dismissal or reduction in rank or seniority for a local authority for dismissal or reduction in rank or ofcer assigned salary scale SS 10 and above other than a clerk to council or seniority for a local a chief ofcer.

authority ofcer (2) Where a local authority considers it necessary to institute disciplinary assigned salary scale SS 10 and above.

proceedings against a local authority ofcer to whom this regulation applies on the ground of misconduct which, if proved, would in its opinion justify dismissal or reduction in rank or seniority.

(3) The clerk to council shall, after such preliminary investigation and consultation as to the terms of the charge or charges as it considers necessary shall (a) forward to the local authority ofcer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and (b) invite the local authority ofcer to state in writing, should he so desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(4) Where the local authority ofcer does not furnish a reply to a charge or charges forwarded under paragraph (2) within the period specied, or if in the opinion of the local authority he fails to exculpate himself, the local authority shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the local authority ofcer and the comments of the local authority thereon.

(5) If, on consideration of the statement of the charge or charges, the reply, if any, of the local authority ofcer, and the comments of the local authority, the Commission is of the opinion that no further investigation is Rev.

2009] Service Commissions CAP.

185 83 necessary, it shall forthwith decide on any of the punishments mentioned in [Subsidiary] regulation 26 (1), if any, which should be inicted on the local authority ofcer, or whether he should be retired in the public interest.

(6) Where the Commission, on consideration of the submissions by the local authority, is of the opinion that the matters should be further investigated, it shall direct the local authority to conduct such further investigation.

(7) Any investigation carried out under this regulation shall be undertaken by local authority ofcers senior to the accused local authority ofcer, who have not, directly or indirectly, dealt with the case before.

(8) If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the local authority shall follow the same procedure as was adopted in framing the original charges.

(9) After conducting the investigation, the local authority shall forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to the inquiry; and the report of the investigation under this regulation shall include (a) a statement whether the charge or charges against the accused local authority ofcer have been proved and the reasons therefor; (b) details of any matters which may aggravate or alleviate the gravity of the case; and (c) a summing up and such general comments as will indicate clearly the opinion on the matter being investigated; (10) The report of the investigation submitted under paragraph (9) shall not make any recommendation regarding the form of punishment to be inicted on the accused local authority ofcer.

(11) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplied in any way or that further investigation is desirable, refer the matter back to the local authority which shall conduct the investigation for a further report.

(12) The Commission shall decide on any of the punishments mentioned in regulation 26 (1), if any, which should be inicted on the local authority ofcer, or whether he should be retired in the public interest.

35.

(1) The provisions of this regulation shall apply to disciplinary Disciplinary proceedings for dismissal or reduction in rank or seniority for a local authority proceedings ofcer assigned salary scales SS 9 and below.

for dismissal or (2) Where a local authority considers it necessary to institute disciplinary reduction in rank or seniority for a local proceedings against a local authority ofcer to whom this regulation applies on the ground of misconduct which , if proved, in its opinion, justify dismissal or authority ofcer assigned salary scale SS 9 and below.

CAP84.

185 Service Commissions [Rev.

2009 [Subsidiary] reduction in rank or seniority.

(3) The clerk to council after such preliminary investigation as he considers necessary shall (a) forward to the local authority ofcer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and (b) invite the local authority ofcer to state in writing, should he so desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(4) If the local authority ofcer does not furnish a reply to a charge or charges forwarded to under paragraph (3) within the period specied, or, if in the opinion of the local authority he fails to exculpate himself, and the local authority is of the opinion that no further investigation is necessary, the local authority shall forthwith decide on the punishments mentioned in regulation 26 (1) if any, which should be inicted in the local authority ofcer.

(5) If the local authority, on consideration of the charge or charges against the local authority ofcer, the local authority ofcers reply and the grounds, if any, on which the local authority ofcer relies to exculpate himself, is of the opinion that the matter should be further investigated, the local authority shall conduct such further investigation.

(6) Any investigation carried out under this regulation shall be undertaken by local authority ofcer senior to the accused local authority ofcer, who have not, directly or indirectly, dealt with the case before.

(7) The local authority shall decide on any of the punishments mentioned in regulation 26 (1), if any, which should be inicted on the local authority ofcer.

Disciplinary 36.

(1) The provisions of this regulation shall apply to disciplinary proceedings proceedings for dismissal or reduction in rank or seniority for a clerk to council for dismissal or or a chief ofcer.

reduction in rank or (2) Where the Permanent Secretary to the Ministry for the time being seniority for a clerk responsible for local authorities considers it necessary to institute disciplinary to council or a chief ofcer.

proceedings against a local authority ofcer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion justify dismissal or reduction in rank or seniority, the Permanent Secretary shall (a) after such necessary preliminary investigation and consultation with the local authority concerned, forward to the local authority ofcer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and (b) invite the local authority ofcer to state in writing, should he so Rev.

2009] Service Commissions CAP.

185 85 [Subsidiary] desire, before a day to be specied, any grounds on which he relies to exculpate himself.

(3) If in the opinion of the Permanent Secretary the presence of a local authority ofcer to whom this regulation applies may hinder the proper operation of the local authority, he may interdict or suspend the ofcer and regulations 24 or 25 shall apply to the local authority ofcer.

(4) If the local authority ofcer does not furnish a reply to a charge or charges forwarded under paragraph (2) within the period specied, or if in the opinion of the Permanent Secretary he fails to exculpate himself, the Permanent Secretary shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the local authority ofcer and the Permanent Secretarys comments thereon.

(5) If, on consideration of the statement of the charge or charges, the reply, if any, of the local authority ofcer, and the comments of the Permanent Secretary, the Commission is of the opinion that no further investigations are necessary, it shall forthwith decide on any of the punishments mentioned in regulation 26 (1), if any, which should be inicted on the local authority ofcer, or whether he should be retired in the public interest.

(6) If the Commission, on consideration of the submissions by the Permanent Secretary is of the opinion that the matter should be further investigated, it shall direct the Permanent Secretary to conduct such further investigation in consultation with the local authority concerned.

(7) Any investigation carried out under this regulation shall be undertaken by the Permanent Secretary or public ofcers who are senior to the local authority ofcer accused and, who have not, directly or indirectly, dealt with the case before.

(8) If, during the course of the investigation, the grounds for framing of additional charges are disclosed, the Permanent Secretary shall follow the same procedure as was adopted in framing the original charges.

(9) After conducting the investigation, the Permanent Secretary shall forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to the inquiry; and the report of the investigation under this regulation shall include (a) a statement whether the charge or charges against the accused local authority ofcer have been proved and the reasons therefor; (b) details of any matters which may aggravate or alleviate the gravity of the case; and (c) a summing up and such general comments as will indicate clearly the opinion on the matter being investigated; but the report of the investigation shall not make any recommendation regarding the CAP86.

185 Service Commissions [Rev.

2009 [Subsidiary] form of punishment to be inicted on the accused local authority ofcer.

(10) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplied in any way or that further investigation is desirable, refer the matter back to the Permanent Secretary who shall conduct the investigation for a further report.

(11) Nothing in this regulation shall prevent the local authority concerned from making a representation directly to the Commission on any issue on a particular case before the Commission makes its nal decision in the case.

Retirement on 37.

(1) Where a local authority, after having considered every report in grounds of public its possession made with regard to a local authority ofcer, is of the opinion interest.

that it is desirable, in the public interest, that the service of the local authority ofcer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, it shall notify the local authority ofcer, in writing, specifying the complaints by reason of which his retirement is contemplated, together with the substance of any report or part thereof that is detrimental to the ofcer.

(2) If, after giving the local authority ofcer an opportunity of showing cause why he should not be retired in the public interest, the local authority is satised that the ofcer should be required to retire in the public interest, it shall, in the case of any local authority ofcer, forward to the Commission the report on the case, the local authority ofcers reply and his own comments, and the Commission shall decide whether the local authority ofcer should be required to retire in the public interest.

(3) Where, in any case which comes to the attention of the Permanent Secretary to the ministry for the time being responsible for local authorities, the Permanent Secretary is of the opinion that proceedings should be instituted against a clerk to council or a chief ofcer under this regulation, the Permanent Secretary shall, notwithstanding any other provision of this regulation, direct the local authority to initiate such proceedings.

(4) Where a public ofcer is retired in the public interest, the local authority shall take the necessary steps for the local authority ofcer to be paid his retirement benets.

38.

(1) Where a local authority ofcer is convicted of a criminal offence Ofcer convicted of which, in the opinion of the local authority, warrants disciplinary proceedings, criminal offence.

the local authority shall, in the case of a local authority ofcer to whom regulation 34 or 36 apply, forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the Commission shall decide whether the local authority ofcer should be dismissed or subjected to any of the other punishments Rev.

2009] Service Commissions CAP.

185 87 mentioned in regulation 26 or retired in the public interest.

[Subsidiary] (2) Where the local authority ofcer is one to whom regulation 35 applies, the local authority, after consideration of such judgment or order, may itself dismiss the public ofcer or subject him to any of the other punishments mentioned in regulation 26.

(3) For the purposes of this regulation, proceedings for minor offences, Cap.403.

such as those under the Trafc Act and by-laws, may be disregarded, and disciplinary proceedings shall normally be conned to proceedings under the Cap.63.

Penal Code and other Acts where a prison sentence may be imposed, other than in default of payment of a ne.

part VMISCellaNeOuS 39.

Where under these Regulations it is necessary to serve any notice, Service of notices etc.

charge or other document upon a local authority ofcer or to communicate any information to any local authority ofcer having absented himself from duty and it is not possible to effect such service upon or communicate such information to the local authority ofcer personally, it shall be sufcient if the notice, charge or other document, or a letter containing such information, is sent by registered post addressed to his usual or last known place of address or post ofce box.

40.

The Secretary shall advise the local authority concerned of the Action on decisions decision of the Commission on any particular matter and the local authority reached by the shall take the appropriate action.

Commission.

Advance copies to 41.

Nothing in these Regulations shall prevent a local authority ofcer the Commission.

from sending, directly to the Commission, an advance copy of a document which under these Regulations is required to be forwarded to the Commission through the relevant local authority.

42.

The Commission may institute an audit or investigation of the manner Audit and in which any of the local authorities has exercised any of the powers delegated investigation.

by the Commission under these Regulations.

43.

Any case not covered by these Regulations shall be dealt with in Cases not covered by accordance with such instructions as the Commission may, from time to time, Regulations.

issue.

44.

The Commission may prescribe forms for the better carrying out of Commission may the provisions of these Regulations.

prescribe forms.

Revocation of 45.

The Public Service Commission (Local Authority Ofcers) Regulations Regulations are revoked.

(Sub-Leg).

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