PUBLIC SERVICE COMMISSION ACT.
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY.
PART II
THE PUBLIC SERVICE COMMISSION.
3. Composition and appointment of members of the Commission.
4. Removal or vocation of office of member of the Commission.
5. Oath of members of the Commission.
PART III
FUNCTIONS OF THE COMMISSION.
8. Functions of the Commission.
9. Independence of the Commission.
10. Reports of the Commission.
12. Secretariat of the Commission.
13. Functions of Secretary to the Commission.
14. Other staff of the Commission.
15. Oath of Secretary to the Commission.
16. Immunity of members and staff of the Commission.
17. Funds and expenses of the Commission.
PART IV
GENERAL PROVISIONS RELATING TO THE FUNCTION OF THE COMMISSION.
18. Application of rules of natural justice.
19. Privilege of communication.
20. Failure to appear or produce documents.
PART V
MISCELLANEOUS.
23. Improper disclosure of information.
24. Consent of Director of Public Prosecutions.
26. Recommendations to Government.
28. Amendment of First Schedule.
First Schedule Currency point.
Second Schedule Oaths.
PUBLIC SERVICE COMMISSION ACT.
An Act to make provision in relation to the Public Service Commission, in line with articles 165 and 166 and other relevant provisions of the Constitution; and to provide for other matters related to the Public Service Commission.
Commencement: 1 October 2008.
PART I
PRELIMINARY.
This Act shall come into force on such day as the Minister may, by statutory instrument, appoint.
In this Act, unless the context otherwise requires—
"Chairperson" means the Chairperson of the Commission;
"Commission" means the Public Service Commission established by Article 165 of the Constitution;
"currency point" means the value specified in the First Schedule in relation to a currency point;.
"Deputy Chairperson" means a Deputy Chairperson of the Commission;
"District Service Commission" means a Commission established for each district by article 198 of the Constitution;
"Minister" means the Minister responsible for the public service;
"public officer" shall have the meaning assigned to it by article 175(a) and 257(1)(x) of the Constitution;
"public service" shall have the meaning assigned to it by article 175(b) and 257(1)(y) of the Constitution;
"Secretary" means the Secretary to the Commission appointed under section 12.
PART II
THE PUBLIC SERVICE COMMISSION.
3. Composition and appointment of members of the Commission.
(1) In accordance with the provisions of the Constitution, the Commission shall consist of a Chairperson, a Deputy Chairperson and seven other members appointed by the President with the approval of Parliament.
(2) A person is not qualified to be appointed a member of the Commission unless he or she is of high moral character and proven integrity.
(3) A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the Commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation; or
(d) a public officer.
(4) A member of the Commission shall hold office for a term of four years but is eligible for reappointment; except that of the first members appointed to the Commission under the Constitution, four shall be appointed to hold office for three years, which shall be specified in their instruments of appointment.
(5) In accordance with the provisions of the Constitution, the emoluments of members of the Commission shall be charged on the Consolidated Fund.
(6) In the absence of both the Chairperson and the Deputy Chairperson, the President may designate one of the members to act as Chairperson.
4. Removal or vacation of office of member of the Commission.
(1) A member of the Commission shall vacate his or her office if that member is under a sentence of death or a sentence of imprisonment exceedi
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