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

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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 influence Commission. 11Attorney-Generals consent to prosecution. 12Offences cognizable. 12ASuperannuation fund. 13Regulations. SCheduleS

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62 of 1954, 48 of 1955, THE SERVICE COMMISSIONS ACT 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, L.N. 28/1964, the Constitution of Kenya 2 of 2002, 7 of 2007.

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1. This Act may be cited as the Service Commissions Act. 2. In this Act, except where the context otherwise requires Commission means the Public Service Commission or the Judicial Service Commission as established under the Constitution of Kenya; 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 office means a paid office as a civil servant of the Government, not being the office of a member of a Commission, or a part-time office, or an office the emoluments of which are payable at an hourly or daily rate; public officer means a person holding a public office otherwise than as a part-time officer.

Short title. L.N.401/1963. Interpretation. 48 of 1955, s. 2, 26 of 1958, s. 2, L.N. 401/1963, L.N. 28/1964.

3. (1) A Commission may appoint a person, whether or not a Appointment of public officer, 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. (2) Nothing in subsection (1) shall preclude the appointment of a person to be secretary of more than one Commission, or the appointment of other staff to similar offices 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
L.N. 28/1964, 2 of 2002, Sch.

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Remuneration of members of Commission. L.N. 28/1964. Oath of members of Commission. L.N. 401/1963.

4. The members of the Public Service Commission and the Judicial Service Commission shall be paid, out of moneys provided by Parliament, such remuneration and allowances as may from time to time be approved by Parliament. 5. (1) The members of a Commission shall, on first appointment, take an oath in the form in the First Schedule. (2) The secretary, and such other officers of a Commission as the chairman may require so to do, shall, on first 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 affirmation in the form of the oath appointed substituting the words solemnly and sincerely declare and affirm for the word swear and omitting the words So help me God. (4) Every oath or affirmation 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 first class, and every oath or affirmation taken by the secretary or any other officer of a Commission shall be administered by the chairman of the Commission.

Penalty for false information to Commission. L.N. 401/1963.

6. Without prejudice to any other law, any person who, in connexion with an application by himself or any other person for employment or appointment, promotion or transfer in the service of the 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 fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment. 7. No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between a Commission, or any member or officer thereof, and the Government, or the President, or a Minister, or any officer of the Government, or between any member or officer of a Commission and its chairman, or between any members or officers of a Commission, in exercise of, or in connexion with the exercise of, the functions of a Commission, unless the President consents in writing to

Communications of Commission privileged. 21 of 1966, 1st Sch., L.N.725/1961, L.N.401/1963, L.N.28/1964.

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such production or disclosure. 8. 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 Commission. him for any act done or omitted to be done in the execution of his duties under this Act or any regulations made thereunder as is by law given to a magistrate acting in the execution of his office. 9. (1) Without prejudice to any other law, no member or officer of a Commission nor any other person shall without the consent in writing of the President publish or disclose 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 has come to his knowledge in the course of his duties under this 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 fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine 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 fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment. 10. Without prejudice to any other law, every person who otherwise than in the course of his duty directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a Commission or of any member thereof shall be guilty of an offence and liable to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment : Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request made by a Commission.
Penalty for attempting to influence Commission. Disclosure of information to unauthorized persons prohibited. L.N.725/1961, L.N.401/1963.

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Attorney-Generals consent to prosecution.

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11. A prosecution in respect of an offence under this Act shall not be instituted except by, or with the consent of, the Attorney-General: 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. 12. Offences under this Act shall be cognizable to the police. 12A. A Commission shall have power to establish a superannuation fund for the benefit of its officers in accordance with the provisions of the Retirement Benefits Act, 1997, and may for that purpose prescribe rules for the management and control of the fund. 13. A Commission may make regulations for prescribing anything which by virtue of this Act or the Constitution is to be or may be prescribed and generally for the better carrying out of the purposes of such Commission.

Offences cognizable. Superannuation fund. 7 of 2007,Sch. No. 3 of 1997. Regulations. L.N.245/1963, L.N.401/1963.

FIrSt SChedule
L.N.401/1963.

(S. 5 (1))

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 office 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.

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Service Commissions SECOND SCHEDULE Oath OF OFFICer OF a COMMISSION

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L.N.401/1963.

I . being called upon to exercise the functions of secretary [officer] 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 officer of the Commission. So help God. Sworn/Declared before me this .... day of ...... 19 . Chairman, . Service Commission.

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[Subsidiary] L.N. 163/1966, L.N. 208/1991.

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SUBSIDIARY LEGISLATION
Regulations under section 13

THE JUDICIAL SERVICE COMMISSION REGULATIONS

part IprelIMINary Citation. Interpretation. 1. These Regulations may be cited as the Judicial Service Commission Regulations. 2. 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; officer means any person holding or acting in any of the offices specified in section 69(3) of the Constitution; official document means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment; promotion means the conferment upon a person in the public service of an office to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed; office; public officer means any person holding or acting in any public

seniority means the relative authority of officers 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 officers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any officers who entered that grade on the same day by reference to their seniority on the day immediately preceding that day; (iii) if any officer who entered the same grade on the same day did so by appointment and not by promotion (excluding promotionfrom a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to

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(b) as between officers of different grades on the same salary scale or the same flat rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between officers of different grades on different salary scales, by reference to the maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the flat rate: Provided that when assessing the seniority of a pensionable officer, 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 office 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 officer 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. 4. 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. 5. A record shall be kept of the members present and of the business Record of meetings. transacted at every meeting of the Commission. 6. (1) The Commission may require any public officer 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 official document relevant to any exercise of its functions, and any public officer 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 officer who without reasonable excuse fails to appear before the Commission when notified 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 officer that disciplinary proceeding should be instituted against him.

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(4) Notwithstanding paragraphs (1), (2) and (3) a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so.
7. 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

Correspondence.

Notification of vacancies. Advertisement of vacancies.

8. The Chairman shall by administrative directions made in his capacity as Chief Justice ensure that he is informed of all vacancies which concern the Commission. 9. (1) Subject to paragraph (2), applications for appointment 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 satisfied that the vacancy should be filled by the appointment or reappointment of a public officer held against the establishment of the Judicial Department or by the continued employment of a public officer on temporary terms; or (b) the Commission is satisfied 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 qualified. (3) Where in the opinion of the Commission it is likely that a suitable public officer will be found in some Ministry or department other than the Judicial Department, it may invite applications from serving officers only.

Criteria concerning appointments.

10. (1) In selecting candidates for appointment, promotion and transfer, the Commission shall have regard to the efficiency of the judiciary and, in considering the claims of public officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between public officers qualifications, 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 appointments.

11. The Chairman shall by administrative directions made in his capacity 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. 12. The Chairman shall by administrative directions made in his capacity as Chief Justice ensure that where an officer 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.

Further engagement on contract.

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13. (1) If it appears to the Chief Justice that there is reason why a Compulsory pensionable officer 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 officer 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 officer should be called upon to retire. (2) The Commission shall notify the officer concerned of its decision and, if the officer is to be retired, the Pensions Branch of the Treasury shall also be informed. (3) An officer 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 officer is incapable Retirement on by reason of any infirmity of mind or body or discharging the functions of his grounds of ill health. office, he may (and shall if the officer so requests) call upon such officer to present himself before a medical board (which shall be appointed by the Chief Medical Officer) with a view to it being ascertained whether or not such officer is capable as aforesaid. (2) After the officer has been examined the Chief Medical Officer 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 officer 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 officer should be called upon to retire on the grounds of ill health. (4) The decision of the Commission shall be notified to the officer and, if he is to be retired on the grounds of ill health, the Pensions Branch of the Treasury shall also be notified. 15. Where the Commission is satisfied that the public interest requires Special procedure. that any matter relating to the appointment, promotion, transfer, secondment or confirmation in his appointment of an officer 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 powers. delegated to the Chief Justice

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(a) the power to interdict an officer under regulation 17; (b) the power to suspend an officer under regulation 18; (c) the power to administer a severe reprimand or a reprimand to an officer. (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 satisfied that the public interest requires that an officer should cease forthwith to exercise the powers and functions of his office, he may interdict the officer 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 officer who is interdicted shall receive such salary, not being less than half his salary, as the Chief Justice shall think fit. (3) Where disciplinary or criminal proceedings have been taken or instituted against an officer under interdiction and such officer 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 inflicted, the officer may be refunded such proportion of the salary withheld as a result of his interdiction as the Commission shall decide. (5) An officer who is under interdiction may not leave his station without the permission of the Chief Justice or of any officer 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 officer 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 officer from the exercise of the functions of his office pending consideration of his case under these Regulations. (2) The Chief Justice may suspend from the exercise of the functions of his office an officer against whom proceedings for dismissal have been taken if, as a result of those proceedings, he considers that the officer ought to be dismissed. (3) While an officer is suspended from the exercise of the functions of his office under this regulation, he shall not be entitled to any salary:

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Provided that the Chief Justice may, if he thinks fit, direct that any suspended officer shall be granted an alimentary allowance in such amount and on such terms as he may determine. (4) An officer who is suspended may not leave his station without the permission of the Chief Justice or of any officer 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 inflicted Punishments. on an officer 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 financial instructions or regulations. (2) Nothing in this regulation shall limit the powers conferred by these Regulations to require an officer to retire from the public service on the grounds of public interest. (3) No punishment shall be inflicted on any officer 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 officer concerned an opportunity for making his defence (which shall be recorded), administer to an officer 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 officer is absent from duty without leave or reasonable Absence from duty cause for a period exceeding twenty-four hours and the officer 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 officer who is dismissed shall forfeit all rights or claims 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. Pension rights and privileges lost on dismissal.

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[Subsidiary] Copies of proceedings. L.N. 208/1991.

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24. (1) An officer in respect of whom disciplinary proceedings are to be held under this Part shall be entitled to receive a free copy of any documentary evidence relied on for the purpose of the proceedings, or to be allowed access to it. (2) The officer may also be given a copy of the evidence (including documents tendered in evidence) after the proceedings are closed, on payment of five shillings per page of each document tendered in evidence: Provided that he shall not be entitled to copies of office orders, minutes, reports or recorded reasons for decisions.

Officer to be informed of decision. Proceedings for dismissal.

25. Where proceedings have been taken against an officer, the officer shall be informed of the findings on each charge which has been preferred against him and of the punishment (if any) to be inflicted upon him. 26. (1) Where the Chief Justice after such inquiry as he may think fit to make considers it necessary to institute disciplinary proceedings against an officer on the ground of misconduct which, if proved, would in his opinion justify dismissal, he shall frame a charge or charges against the officer and shall forward a statement of the said charge or charges to the officer 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 officer to state in writing should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself. (2) If the officer does not furnish a reply to the charge or charges within the period specified, 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 officer 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 officer that on a specified 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 officer 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

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legally qualified officer from the Office of the Attorney-General to present to the subcommission the case against the officer concerned. (7) The subcommission shall permit the accused officer 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 officer 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 inflicted on the officer. (10) The Commission, after consideration of the report of the subcommission, shall, if it is of the opinion that the report should be amplified 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 inflicted on the officer 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 officer 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 officer 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 specified, any grounds on which he relies to exculpate himself. (2) If the officer does not furnish a reply within the period specified 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 officer to be laid before the Commission. (3) If, on consideration of the report, including the grounds, if any,

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on which the officer 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 inflicted on the officer. (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 officer senior to the officer accused. (6) In an investigation under this regulation an officer 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 inflicted on the officer, 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 final 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 officer 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 grounds of public interest.

28. (1) If the Chief Justice, after having considered every report in his possession made with regard to an officer, is of the opinion that it is desirable in the public interest that the service of such officer should be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the officer, 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 officer. (2) If, after giving the officer an opportunity of showing cause why he should not be retired in the public interest, the Chief Justice is satisfied that the officer should be required to retire in the public interest, he shall lay before the Commission a report on the case, the officers reply and his own

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recommendation, and the Commission shall decide whether the officer should be required to retire in the public interest.

(3) When an officer 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.
29. (1) If an officer is convicted of a criminal offence which in the opinion Officer convicted of of the Chief Justice warrants disciplinary proceedings he shall lay a copy of the criminal offence. 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 officer 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, such as those under the Traffic Act and by-laws, may be disregarded, and disciplinary proceedings should normally be confined to proceedings under the Penal Code and other Acts where a prison sentence may be imposed other than in default of payment of a fine. partV 30. Where under these Regulations (a) it is necessary either (i) to service any notice, charge or other document upon an officer; or (ii) to communicate any information to any public officer having absented himself from duty; (b) it is not possible to effect such service upon or communicate such information to such officers personally, it shall be sufficient 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 office box. 31. Any case not covered by these Regulations shall be dealt with in accordance with such instructions as the Commission may from time to time issue. Cases not covered by Regulations. Services of notices, etc. Cap. 403. Cap. 63.

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[Subsidiary] L.N. 48/1965, L.N. 127/1973, 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, L.N. 26/2001, L.N. 148/2002, L.N. 28/2005. L.N. 45/2010. Citation and application.

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THE PUBLIC SERVICE COMMISSION REGULATIONS, 2005

part I prelIMINary

1. (1) These Regulations may be cited as the Public Service Commission Regulations, 2005. (2) These Regulations shall apply to all public offices to which the Commissions constitutional powers and functions as set out in section 107 of the Constitution apply, other than offices in the Kenya Police Force, the Kenya Prisons Service and local authorities.

Interpretation.

2. (1) In these Regulations, unless the context otherwise requiresauthorized officer means (a) the Permanent Secretary who exercises supervision over the ministry concerned, or over the ministry in which the public officer concerned holds an office, 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 Office, the Controller and AuditorGeneral, and includes any other public officer appointed by the Commission to be an authorized officer 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

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under section 106 (1) of the Constitution; 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 specified 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; official document means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment; the Order means the Kenya Independence Order in Council, 1963; pensions benefits means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public officers, or to the widows, children, dependants or personal representatives of such persons, in respect of that service; pensionable public officer means any public officer who has been confirmed in a public office and admitted to the permanent and pensionable establishment; promotion means the conferment upon a person in the public service of an office to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed; office; public officer means any person holding or acting in any public

L.N. 718/1963.

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 officers 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 officers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any public officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day;

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(iii) if any public officers 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 officers of different grades on the same salary scale or the same flat rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between public officers of different grades on different salary scales, by reference to the maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the flat rate: Provided that when assessing the seniority of a pensionable public officer, 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 certificate and who is registered or licensed by the prescribed Government authority as a precondition for undertaking the technical work pertaining to his academic qualification. transfer means the conferment, whether permanently or otherwise, of some public office 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 officer 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 officer 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 made by circulation of papers.

3. Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of 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. 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. 5. A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

Dissent by members

Record of meetings.

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[Subsidiary] 6. (1) The Commission may require any public officer 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 official document relevant to any exercise of its functions, and any public officer 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 officer who without reasonable excuse fails to appear before the Commission when notified 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 officer that disciplinary proceedings should be instituted against him. (4) Notwithstanding paragraphs (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so. 7. All correspondence for the Commission shall be addressed to the Correspondence. Secretary or, in special cases, to the Chairman. 8. The Commission shall, at the request of an authorized officer, hear Right of authorized him or his representative personally in connexion with any matter he has officer to be heard. referred to the Commission. 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). 9. (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 to authorized officers. as the Commission may, from time to time issue, delegated to authorized officers (a) in respect of public offices 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 officers 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 officer; (iii) the power to terminate the probationary appointment of any

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such public officer under these Regulations and any other regulations which may be in force; (d) in respect of all public officers, irrespective of their Job Groups, the power of confirmation in appointment of any public officer appointed on probation; (e) in respect of public officers 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 officer 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 officer in accordance with a term or condition contained in his contract or Letter of Appointment. (2) An authorized officer 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 officer affected by the decision of the authorized officer under this regulation may, through the authorized officer, 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 exercised by the authorized officer.

Notification of vacancies.

10. (1) An authorized officer 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 officer appointed or promoted or transferred, as the case may be. (2) Where the authorized officer 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 officer shall notify the Commission and the Commission shall take the appropriate steps to fill that vacancy.

Vacancies dependent on examinations.

11. Where vacancies are to be filled 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

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12. (1) Subject to paragraph (2), applications for appointment to Advertisement of 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 satisfied that the vacancy should be filled by the appointment or reappointment or redesignation of a public officer held against the establishment of the ministry or department in which the vacancy exists or by the continued employment of a public officer on temporary terms; or (b) the Commission is satisfied that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualified. (3) Where, in the opinion of the Commission, it would be likely to find a public officer in some ministry or department or public body other than that in which the vacancy occurs, it may invite applications from serving public officers. (4) Where an authorized officer is conferred with the delegated powers of appointment, the authorized officer 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 the Commission shall have regard to the efficiency of the public service and, appointments. in considering the claims of public officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between public officers of equal official qualifications, 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 officer 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 modifications, apply to an authorized officer exercising delegated powers of appointment, promotion or transfer under these Regulations. 14. (1) Subject to regulation 9, where a public officer has been appointed Probationary on probation the authorized officer shall, not less than three months before appointments. the expiration of the probationary period, inform the Commission whether in his opinion

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(a) the probationary period should be extended so as to afford the public officer furtheropportunity to pass any examination, the passing of which is a condition of the confirmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the public officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or (c) the public officers appointment should be terminated. (2) The authorized officer shall not recommend the extension or termination of an appointment under subparagraph (b) or subparagraph (c) of paragraph (1) unless he has first, by letter, informed the public officer of his intention and of the right of the public officer to make representations thereon within a period to be specified in such letter and required the public officer to acknowledge receipt of such letter in writing within that period; the authorized officer shall attach copies of all such correspondence to his recommendation. (3) Notwithstanding paragraph (1) but subject to paragraph (2), the authorized officer 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 officer 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 officers 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 officer in Job Group M or above from his present office to another office of different designation but of similar grading, either in his own or in another ministry or department, the authorized officers 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 officers from one station to another in their
substantive capacities within ministries or departments; or (b) the transfer between ministries or departments of public officers in any office which is common to departments generally, which shall be effected by the authorized officers concerned in consultation, where necessary, with the Director of Personnel Management. Further engagement on contract. 16. (1) Subject to regulation 9(1)(c), where a public officer is serving on a written contract and is willing to engage for a further term of service, the authorized officer shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not.

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(2) So far as is practicable, every notification under paragraph (4) shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the public officers 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 officer that there is reason why a pensionable public officer should be called upon to retire from the public service on the grounds that he has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation, the authorized officer shall advise the public officer that his compulsory retirement is under consideration and ask if he wishes to make any representations thereon. (2) The authorized officer shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the public officer should be called upon to retire. (3) On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall notify the Pensions Branch of the Treasury. (4) A public officer 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 officer that a public officer Retirement on is incapable by reason of any infirmity of mind or body of discharging the grounds of ill health. functions of his public office, he may (and shall if the public officer so requests) call upon the public officer 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 officer is incapable as aforesaid. (2) After the public officer has been examined, the Director of Medical Services shall forward the medical boards proceedings, together with his comments thereon, to the authorized officer, who in turn shall forward them, together with any representations which the public officer 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 officer accordingly, it shall decide forthwith whether the public officer should be called upon to retire on the grounds of ill health. (4) On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired Compulsory retirement on reaching the mandatory retirement age.

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on the grounds of ill health, he shall notify the Pensions Branch of the Treasury. 20. (1) Where a public officer, who is one of a number of public officers holding similar public offices, is to be retired, either (a) on the abolition of the office he holds; or (b) upon the re-organization of the ministry or department in which he holds an office for better efficiency or economy, but one or more of the such public officers is to remain in office, the authorized officer shall inform the public officer that his compulsory retirement is under consideration and invite him to make representations thereon, if any. (2) The authorized officer shall forward the representations, if any, together with his own observations thereon to the Commission, and the Commission shall decide whether the public officer should remain in the office he holds in the public service or should be transferred or seconded to another department or ministry, or the officer should be retired on abolition of office or on reorganization of Government for greater efficiency or economy. (3) On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall prepare and forward the officers pensions claims to the Pensions Branch of the Treasury. (4) The provisions of this regulation shall not apply to any public officer 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 officer dissatisfied with the decision of the Commission under this regulation may, in writing through his authorized officer, 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.

Retirement on abolition of office or on re-organization of a ministry or a department.

Special procedure.

21. Where the Commission is satisfied that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or confirmation in his appointment of a public officer 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 IVd ISCIplINe

Delegation of powers to authorized officers.

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

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(a) in respect of all public officers (i) the power to interdict any public officer under regulation 23; (ii) the power to suspend any public officer under regulation 24; (iii) the power to stop, withhold or defer a normal increment of any public officer or to inflict a severe reprimand or a reprimand on him or to stop his pay or salary under regulation 26; (b) in respect of all public officers 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 officer, at the time of dismissal proceedings, has qualified for pension, gratuity, annual allowance or other retiring award under the pension legislation, the authorized officer 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 inflict any of the punishments mentioned in paragraph (1) of regulation 25 on a public officer who is convicted in any court of a criminal offence in accordance with regulation 37. (2) Any authorized officer 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 officer is satisfied that the public Interdiction. interest requires that a public officer should cease forthwith to exercise the powers and functions of his public office, he may interdict the public officer 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 officer who is interdicted shall receive such salary, not being less than half his salary, as the authorized officer shall think fit. (3) Where disciplinary or criminal proceedings have been taken or instituted against a public officer under interdiction and such public officer 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 inflicted, the public officer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide.

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(5) A public officer who is under interdiction may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer. (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 officer has been convicted of a serious criminal offence, other than such as are referred to in regulation 37 (3), an authorized officer may suspend the public officer from the exercise of the functions of his public office pending consideration of his case under these Regulations. (2) An authorized officer may suspend from the exercise of the functions of his public office, a public officer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the public officer ought to be dismissed. (3) While a public officer is suspended from the exercise of the functions of his public office under this regulation, he shall not be entitled to any salary: Provided that the authorized officer may, if he thinks fit, direct that any suspended public officer shall be granted an alimentary allowance in such amount and on such terms as he may determine. (4) A public officer who is suspended may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer. Punishments. 25. (1) The following are the punishments which may be inflicted upon a public officer 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 financial 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 officer to retire from the public service on the grounds of public interest.

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(3) No punishment shall be inflicted on any public officer which would be contrary to any law. 26. (1) Notwithstanding any other provisions of these Regulations, an authorized officer may, without reference to the Commission (a) stop, withhold or defer a public officers normal increment for 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 officer an opportunity for making his defence (which shall be recorded), inflict on a public officer a severe reprimand or a reprimand; or (c) stop from the pay or salary of a public officer 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 officer exercising the powers conferred on him by this regulation shall act in accordance with regulation 32.

Authorized officer may inflict punishments.

27. Where a public officer is absent from duty without leave or reasonable Absence from duty or lawful cause for a period exceeding twenty-four hours and the public officer 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 officer who is dismissed shall forfeit all rights or claims 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. Pension rights and privileges lost on dismissal.

29. (1) All acts of misconduct by public officers 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 officer, the .Commission shall, notwithstanding any other provisions of these Regulations, direct the authorized officer to initiate such proceedings. 30. An officer shall not be entitled to copies of office orders, minutes, Copies of office reports or recorded reasons for decisions. orders, minutes, reports etc.

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31. (1) Subject to section 13 of the Order, an appeal by a public officer shall lie to the Commission through the authorized officer concerned against an order made in accordance with this Part in relation to that public officer 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 officer: 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 officer may, within one year of the date upon which any decision of the Commission under this part is addressed to the public officer, apply for review and the application may be admitted if the Commission is satisfied 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 officer by this regulation, disciplinary action shall not be deferred or suspended pending the determination of the appeal or the application for review.

Officer to be informed.

32. Where proceedings have been taken against a public officer under this Part, he shall be informed by the authorized officer (a) of the findings on each charge which has been preferred against him; (b) of the punishment, if any, to be inflicted 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 findings or punishment.

Disciplinary proceedings for a public officer in Job Group Mor above.

33. (l) Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, would, in his opinion, justify any of the punishments in regulation 25 (1), he shall, after such preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, forward to the public officer 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,

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on which each charge is based, and shall invite the public officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself. (2) If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the public officer and the authorized officers comments thereon. (3) If, on consideration of the statement of the charge or charges, the reply, if any, of the public officer, and the comments of the authorized officer, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest. (4) If the Commission, on consideration of the submissions by the authorized officer, is of the opinion that the matters should be further investigated, it shall direct the authorized officer to conduct such further investigation. (5) Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, 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 officer shall follow the same procedure as was adopted in framing the original charges. (7) After conducting the investigation, the authorized officer 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 officer 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 inflicted on the accused public officer. (8) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the authorized officer who shall conduct the investigation for a further report.

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(9) The Commission shall decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest. (10) The provisions of this regulation shall .apply to a public officer in Job Group M or above. Disciplinary proceedings for a public officer in Job Group L or below and who has not qualified for pensions benefits under the pensions legislation. 34. (1). Where an authorized officer, considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulation 25 (1), he shall after such preliminary investigation as he considers necessary, forward to the public officer 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. (2) If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or, if in the opinion of the authorized officer, he fails to exculpate himself, and the authorized officer is of the opinion that no further investigation is necessary, the authorized officer shall forthwith decide on the punishment, which should be inflicted on the public officer. (3) If the authorized officer, on consideration of the charge or charges against the public officer, the public officers reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation. (4) Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before. (5) The authorized officer shall decide on the punishment, if any, which should be inflicted on the public officer. (6) The provisions of this regulation shall apply to a public officer in Job Group L or below, who has not qualified for pensions benefits under the pensions legislation. Disciplinary proceedings for a public officer in Job Group L or below and who has qualified for pensions benefits under the pensions legislation. 35. (1) Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulations 25(1), he shall, after such preliminary investigation as he considers necessary, forward to the public officer 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. (2) If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion

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33
[Subsidiary]

of the authorized officer he fails to exculpate himself, the authorized officer shall forthwith decide and inflict on the public officer any of the punishments prescribed under regulation 25(1) except, dismissal or reduction in rank or seniority. (3) If the authorized officer, on consideration of the charge or charges against the public officer, the public officers reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation. (4) Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer who have not, directly or indirectly, dealt with the case before. (5) If, in the opinion of the authorized officer, a punishment should be inflicted on the public officer, the authorized officer shall forthwith decide and inflict on the public officer 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 officer that the punishment to be inflicted is dismissal or reduction in rank or seniority, the authorized officer 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 inflicted on the public officer, 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 officer 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 officer in Job Group L or below, who has qualified for pensions benefits under the pensions legislation.

36. (1) If an authorized officer, after having consider every report in Retirement on his possession made with regard to a public officer, is of the opinion that it grounds of public is desirable, in the public interest, that the service of the public officer be interest. terminated grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the public officer, 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 officer. (2) If, after giving the public officer an opportunity showing cause why he should not be retired in the public interest, the authorized officer is satisfied that the public officer should be required to retire in the public interest, he shall, in the case of any public officer, forward to the Commission the report on the case, the public officers reply and his own comments, and

34
[Subsidiary]

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the Commission shall decide whether the public officer should be required to retire in the public interest. (3) Where a public officer is retired in the public interest, the authorized officer shall furnish the Pensions Branch of the Treasury with full details of the case.

Officer convicted of criminal offence.

37. (1) If a public officer is convicted of a criminal offence which, in the opinion of the authorized officer, warrants disciplinary proceedings, the authorized officer shall, in the case of a public officer 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 officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25. (2) Where the public officer is one to whom regulation 34 applies, the authorized officer, after consideration of such judgement or order, may himself dismiss the public officer or subject him to any of the other punishments mentioned in regulation 25.

Cap. 403. Cap. 63.

(3) For the purposes of this regulation, proceedings for minor offences, such as those under the Traffic Act and by-laws, may be disregarded, and disciplinary proceedings shall normally be confined to proceedings under the Penal Code and other Acts where a prison sentence may be imposed, other than in default of payment of a fine. part VMISCellaNeOuS

Service of notices etc.

38. Where under these Regulations (a) it is necessary (i) to serve any notice, charge or other document upon a public officer; or (ii) to communicate any information to any public officer having absented himself from duty; and (b) it is not possible to effect such service upon, or communicate such information to the public officer personally, it shall be sufficient 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 office box.

Advance copies to the Commission.

40. Nothing in these Regulations shall prevent a public officer 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 officer.

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[Subsidiary] 41. The Commission may institute an audit or investigation of the manner in which any of the authorized officers 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 offices in ministries or assign Job Groups. departments which do not use such Job Groups, for the proper application of these Regulations to those offices. 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)

36
[Subsidiary] L.N. 91/2006.

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THE PUBLIC SERVICE COMMISSION (REDUCTION OF PENSION BENEFITS TO SATISFY GOVERNMENT DEBT) REGULATIONS, 2006
1. These Regulations may be cited as the Public Service Commission (Reduction of Pension Benefits to Satisfy Government Debt) Regulations, 2006. 2. 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 office of the head of Pensions Division of the Treasury; pension benefits 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 officers, or the widows, children, dependants or personal representatives of such persons in respect of that service.

Citation.

Interpretation.

Application.

3. These Regulations shall apply to all public offices to which the Commissions constitutional powers and functions as set out in section 113 of the Constitution apply, other than officers of judge of the High Court, judge of any Court of Appeal exercising jurisdiction in Kenya, Attorney General or Controller and Auditor-General. 4. Pursuant to section 113(1) of the Constitution, the Commission hereby concurs that the Director of Pensions may reduce from pension benefits of a public officer 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 officer. (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 fortytwo days from the date of receiving the decision to reduce the pension benefits; (ii) notify the Commission, within thirty days from the date of the reduction, the particulars of the public officer concerned and the amount of money reduced from the pension benefits. (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 benefits.

Reductions from pension benefits to satisfy Government debt.

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[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. 6. The Commission Secretary shall advise the Director of Pensions of the decision of the Commission on any particular matter and the Director of Pensions shall take the appropriate action. Decisions by the Commission.

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

9. 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.

38
[Subsidiary] L.N. 92/2006.

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PUBLIC SERVICE COMMISSION (PRISONS SERVICE) REGULATIONS, 2006

part IprelIMINary

Citation. Interpretation.

1. These Regulations may be cited as the Public Service Commission (Prisons Service) Regulations, 2006. 2. (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 punishments specified 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; official document means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment; pensions benefits means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public officers, or to the widows, children, dependants or personal representatives of such persons, in respect of that service;

Cap. 90

Cap. 90.

Act;

prison officer has the meaning assigned to it in section 2 of the Prisons

promotion means the conferment upon a Prison officer of an office to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed;

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[Subsidiary]

office;

public officer means any person holding or acting in any public

the Secretary means the person appointed as secretary to the Commission under section 3 (1) of the Act; senior prison officer has the meaning assigned to it in section 2 of Cap. 90. the Prisons Act; Act; Service has the meaning assigned to it in section 2 of the Prisons Cap. 90.

seniority means the relative seniority of prison officers 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 officers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; (iii) if any officers 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 prison officers of different grades on the same salary scale or the same flat rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between prison officers of different grades on different salary scales, by reference to the maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the flat rate; subordinate prison officer has the meaning assigned to it in section 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. 3. These Regulations shall apply to all prison officers in the Kenya Prisons Application. Service, and to the exercise of the powers and the performance of the duties and the functions of the Commission in relation to such officers. Cap. 90.

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[Subsidiary] Decisions may be made by circulation of papers.

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part IIGeNeral

[Rev. 2009

4. Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of 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. 5. 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. 6. A record shall be kept of the members present and of the business transacted at every meeting of the Commission. 7. (1) The Commission may require any public officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions. (2) The Commission may require the production of any official document relevant to any exercise of its functions, and any public officer 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 officer who without reasonable excuse fails to appear before the Commission when notified 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 officer that disciplinary proceedings should be instituted against him. (4) Notwithstanding sub regulations (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so.

Dissent by members.

Record of meetings. Commission may require attendance and production of documents.

Correspondence. Right of Commissioner of Prisons to be heard.

8. All correspondence for the Commission shall be addressed to the Secretary or, in special cases, to the Chairman. 9. The Commission shall, at the request of the Commissioner of Prisons, hear him or his representative personally in connexion with any matter he has 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 to Commissioner of Prisons.

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

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[Subsidiary]

(a) in respect of all offices of subordinate prison officers and prison officers 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 officer; (iii) the power to terminate the probationary appointment of any such officer under these Regulations and any other regulations which may be in force; (b) in respect of all offices of any prison officer disregard of rank, the power of confirmation in appointment of any prison officer appointed on probation. (2) Nothing in these Regulations shall affect the power of the Commission to terminate the appointment of an officer 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 officer 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 (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 officer appointed or promoted as the case may be. (2) For senior prison officers 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 fill that vacancy. Notification of vacancies.

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[Subsidiary] Vacancies dependent on examinations. Advertisement of vacancies.

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12. Where vacancies are to be filled 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 appropriate. 13. (1) Subject to sub regulation (2), applications for appointment 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 satisfied that the vacancy should be filled by the appointment or re-engagement or promotion of a prison officer; or (b) the Commission is satisfied that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualified. (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 appointments.

14. (1) In selecting candidates for appointment, promotion and transfer, the Commission or the Commissioner of Prisons as the case may be, shall have regard to the efficiency of the Service and, in considering the claims of prison officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between prison officers of equal official qualifications, 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 officers shall state whether the person recommended is the senior officer 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 appointments.

15. (1) Where a senior prison officer has been appointed on probation the 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 officer further opportunity to pass any examination, the passing of which is a condition of the confirmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the senior prison officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or

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(c) the senior prison officers 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 first, by letter, informed the officer of his intention and of the right of the officer to make representations thereon within a period to be specified in such letter and required the officer 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 officer 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 prison officers. whether it should be renewed or not. (2) So far as is practicable, every such notification shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the officers current contract is due to expire. 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. Acting appointments.

18. (1) If it appears to the Commissioner of Prisons that there is reason Compulsory why a prison officer who has been confirmed in a pensionable office 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 officer 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 officer should be called upon to retire. (3) On being advised of the decision of the Commission, the Commissioner of Prisons shall notify the officer and, if the officer is to be retired, he shall notify the Pensions Branch of the Treasury. (4) A prison officer 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.

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[Subsidiary] Retirement on grounds of ill health.

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19. (1) Where it appears to the Commissioner of Prisons that a prison officer is incapable by reason of any infirmity of mind or body of discharging the functions of his public office, he may (and shall if the officer so requests) call upon the officer 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 officer is incapable as aforesaid. (2) After the officer 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 officer 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 officer 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 officer and, if the officer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

Retirement on abolition of office or on re-organization of the Service.

20. (1) Where a prison officer, who is one of a number of prison officers holding similar offices in the Service (but one or more of such officers is to remain in office), is to be retired, either on the abolition of the office he holds; or upon the re-organization of the Service for better efficiency or economy, the Commissioner of Prisons shall inform the officer 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 officer should remain in the office he holds in the Service or should be transferred or seconded to another department or Ministry, or the officer should be retired on abolition of office or on reorganization of the Service for greater efficiency or economy. (3) On being advised of the decision of the Commission, the Commissioner of Prisons shall notify the officer and, if the officer is to be retired, he shall prepare and forward the officers pensions claims to the Pensions Branch of the Treasury. (4) The provisions of this regulation shall not apply to any officer 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 officer to whom rule 123 of the Prisons Rules may apply accordingly. (6) Any officer dissatisfied 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

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communication of the Commissions decision. (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 satisfied that the public interest requires Special procedure. that any matter relating to the appointment, promotion, transfer, secondment or confirmation in his appointment of a prison officer 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 officers and prison officers below the rank of assistant superintendent (i) the power to take disciplinary action against such officers in accordance with the Prisons Act or the Prisons Rules and to inflict 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 officer in the public interest in accordance with regulation 32; (ii) the power to inflict any of the punishments mentioned in paragragh (i) of regulation 24 on any such officer who is convicted in any court of a criminal offence in accordance with regulation 33; (b) in respect of all prison officers (i) the power to interdict any officer in accordance with regulation 23; (ii) the power to suspend any officer in accordance with regulation 24; (iii) the power to stop, withhold or defer a normal increment of any officer or to inflict a reprimand or a severe reprimand in accordance with regulation 26; (iv) the power to stop from the pay or salary of any officer 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.

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(2) If at the time of exercise of disciplinary powers under subparagraph (i) of paragraph (a) of sub regulation (1), the prison officer is a pensionable public officer who has qualified for pension benefits 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 officer, the Commissioner of Prisons shall not exercise the delegated disciplinary powers, but shall apply regulation 32. (3) In respect of subordinate prisons officers, the powers and functions delegated to the Commissioner of Prisons under this Part, other than the power of dismissal, may be exercised by the officers authorised under the Prisons Act or the Prisons Rules to exercise such disciplinary power over such officers. (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 satisfied that the public interest requires that a prison officer should cease forthwith to exercise the powers and functions of his office, he may interdict the officer 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 officer who is interdicted under this regulation shall receive such salary, not being less than half his salary, as the Commissioner of Prisons shall think fit. (3) Where disciplinary or criminal proceedings have been taken or instituted against a prison officer under interdiction and such officer 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 inflicted, the officer 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 officer, or the Commissioner of Prisons in the case of a subordinate prison officer, shall decide. (5) A prison officer who is under interdiction may not leave his station without the permission of the Commissioner of Prisons or of any prison officer 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 officer 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 officer from the exercise of the functions of his

Cap. 90.

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[Subsidiary]

public office pending consideration of his case under these Regulations. (2) The Commissioner of Prisons may suspend from the exercise of the functions of his public office, a prison officer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the officer ought to be dismissed. (3) While a prison officer is suspended from the exercise of the functions of his public office under this regulation, he shall not be entitled to any salary. (4) Notwithstanding sub regulation (3), the Commissioner of Prisons may, if he thinks fit, direct that any suspended officer shall be granted an alimentary allowance in such amount and on such terms as he may determine. (5) A prison officer who is suspended may not leave his station without the permission of the Commissioner of Prisons or of any prison officer who is empowered to give such permission on behalf of the Commissioner of Prisons.

25. (1) The following are the punishments which may be inflicted upon Punishments. a prison officer 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 financial 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 officer to retire from the public service on the grounds of public interest. (3) No punishment shall be inflicted on any prison officer which would be contrary to any law. 26. (1) Notwithstanding any other provisions of these Regulations, the Commissioner of Commissioner of Prisons mayPrisons may inflict punishment. (a) stop, withhold or defer normal increment of a prison officer for a period not exceeding one year on the grounds of unsatisfactory

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[Subsidiary]

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service;

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[Rev. 2009

(b) after investigation and after giving a prison officer an opportunity for making his defence (which shall be recorded), inflict on such officer a severe reprimand or a reprimand; or (c) stop from the pay or salary of a prison officer 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 without leave. 27. Where a prison officer is absent from duty without leave or reasonable or lawful cause for a period exceeding twenty-four hours and the officer 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 prison officer who is dismissed shall forfeit all rights or claims 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. 29. (1) All acts of misconduct by a prison officer 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 instituted against a prison officer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the Commissioner of Prisons to initiate such proceedings. Copies of office orders, minutes, reports, etc. Officer to be informed. 30. A prison officer subject to disciplinary action shall not be entitled to copies of office orders, minutes, reports or recorded reasons for decisions of the disciplinary process. 31. (1) Where proceedings have been taken against a prison officer under this Part, he shall be informed by the Commissioner of Prisons (a) of the findings on each charge which has been preferred against him; (b) of the punishment, if any, to be inflicted upon him; and (c) that an appeal may be lodged within forty-two days from the

Pension rights and privileges lost on dismissal. Prompt disciplinary procedure.

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[Subsidiary]

conclusion of such proceedings. (2) Failure to communicate right of appeal under sub regulation (1) shall not invalidate the said findings or punishment. 32. (1) This regulation applies where the Commissioner of Prisons considers it necessary to institute disciplinary proceedings against a prison officer to whom this regulation applies on the ground of misconduct which, if proved, would in his opinion justify dismissal or reduction in rank or seniority of a senior prison officer or dismissal of a subordinate prison officer. (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 officer 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 officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself. (3) If the officer does not furnish a reply to a charge or charges forwarded under sub regulation (2) within the period specified, 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 officer 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 officer, 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 inflicted on the officer, 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 officers senior to the accused officer, 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

Disciplinary proceedings leading to dismissal or reduction in rank or seniority.

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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 officer 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 inflicted on the accused officer. (10) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified 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 inflicted on the accused officer, 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 officer of or above the rank of assistant superintendent, and, to dismissal proceedings of a subordinate prison officer or a prison officer below the rank of assistant superintendent who has qualified for pensions benefits under the pensions legislation.

Retirement on grounds of public interest.

33. (1) If the Commissioner of Prisons, after having considered every report in his possession made with regard to any prison officer, is of the opinion that it is desirable, in the public interest, that the service of the officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the officer, 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 officer. (2) If, after giving a prison officer 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 satisfied that the officer should be required to retire in the public interest, he shall, forward to the Commission the report on the case, the prison officers reply and his own comments, and the Commission shall decide whether the prison officer should be required to retire in the public interest. (3) In the case of a subordinate prison officer or prison officer below the rank of assistant superintendent, if, after giving the officer an opportunity of showing cause why his service should not be terminated, the Commissioner

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[Subsidiary]

of Prisons is satisfied that the officer should be retired in the public interest, he shall so decide. (4) Where an officer is retired in the public interest, the Commissioner of Prisons shall furnish the Pensions Branch of the Treasury with full details of the case.

34. (1) If a prison officer of or above the rank of assistant superintendent Officer convicted of is convicted of a criminal offence which, in the opinion of the Commissioner criminal offence. 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 officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25. (2) If a subordinate prison officer or a prison officer 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 officer or subject him to any of the other punishments mentioned in regulation 25. (3) If the officer is a pensionable public officer who has qualified for pensions benefits under the pensions legislation and the Commissioner of Prisons is of the opinion that the officer 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 officer 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, such as those under the Traffic Act and by-laws, may be disregarded, and Cap. 403. disciplinary proceedings shall normally be confined to proceedings under the Penal Code and other Acts where a prison sentence may be imposed, other than Cap. 63. in default of payment of a fine. 35. (1) An appeal by a prison officer shall lie to the Commission through Appeals and reviews the Commissioner of Prisons against an order made under these Regulations in by prison officers. 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 officer. (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 officer may, within one year of the date upon which any decision of the Commission under this part of these Regulations is addressed to the officer, apply through the Commissioner of Prisons for review and the

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application may be admitted if the Commission is satisfied 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 decision.

36. The Secretary of the Commission shall cause the decision of the 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 officer. 37. Where under these Regulations it is necessary to serve any notice, charge or other document upon a prison officer; or to communicate any information to any prison officer having absented himself from duty; and it is not possible to effect such service upon, or communicate such information to the prison officer personally or through the relevant service channels, it shall be sufficient 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 office box. 38. Nothing in these Regulations shall prevent a prison officer 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 Commissioner of Prisons. 39. The Commission may institute an audit or investigation of the manner in which the Commissioner of Prisons has exercised any of the powers delegated by the Commission under these Regulations. 40. Any case not covered by these Regulations shall be dealt with in accordance with such instructions as the Commission may, from time to time, issue. 41. The Commission may prescribe forms for the better carrying out of the provisions of these Regulations. 42. The Public Service Commission (Prisons Service) Regulations are revoked.

Service of notices, etc.

Advance copies to the Commission.

Audit and investigation. Cases not covered by Regulations. Commission may prescribe forms. Revocation. Sub. Leg.

Rev. 2009]

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L.N. 93/2006.

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[Subsidiary]

THE PUBLIC SERVICE COMMISSION (POLICE FORCE) REGULATIONS, 2006

part IprelIMINary

1. These Regulations may be cited as the Public Service Commission Citation. (Police Force) Regulations, 2006. 2. (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 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 specified 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 Commissioner of Police under section 5 of the Police Act; gazetted officer means gazetted officer within the meaning of the Police Act; Cap. 84. Cap. 84. Interpretation.

office and, officer in the inspectorate be construed within the meaning Cap. 84. of inspector as defined in the Police Act; police officer means an officer 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; official document means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment; pensions benefits means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public

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officers, or to the widows, children, dependants or personal representatives of such persons, in respect of that Service; pensionable public officer means any gazetted officer or officer in the inspectorate in the Force who has been confirmed in office and admitted to the permanent and pensionable establishment; promotion means the conferment upon a gazetted officer or an officer in the inspectorate of an office to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed; office; public officer means any person holding or acting in any public

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 officers or officers 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 officers or officers in the inspectorate of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) if any officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; (iii) if any officers 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 gazetted officers or officers in the inspectorate of

different grades on the same salary scale or the same flat rate of salary, by reference to the dates on which they respectively entered their grades;

(c) as between gazetted officers or officers in the inspectorate of different grades on different salary scales, by reference to the maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the flat rate: Provided that when assessing the seniority of a pensionable public officer, service by himself or any other person in a non-pensionable capacity shall not

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[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. 3. These Regulations shall apply to all gazetted officers and officers 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 officers. 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. 5. 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. 6. A record shall be kept of the members present and of the business transacted at every meeting of the Commission. 7. (1) The Commission may require any public officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions. (2) The Commission may require the production of any official document relevant to any exercise of its functions, and any public officer 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 officer who without reasonable excuse fails to appear before the Commission when notified 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 officer that disciplinary proceedings should be instituted against him. (4) Notwithstanding sub regulations (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so. 8. All correspondence for the Commission shall be addressed to the Secretary or, in special cases, to the Chairman. Correspondence. Record of meetings. Commission may require attendance and production of documents.

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[Subsidiary] Right of Commissioner of Police to be heard.

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

10. (1) The following powers vested in the Commission are, subject to these Regulations and to such instructions as the Commission may, from time to time issue, delegated to the Commissioner of Police (a) in respect of all offices 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 officer; (iii) the power to terminate the probationary appointment of any such officer under these Regulations and any other regulations which may be in force; (b) in respect of all gazetted offices and offices in the inspectorate, the power of confirmation in appointment of any officer appointed on probation; (c) in respect of all gazetted officers and officers 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 officer 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 officer 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 officer or an officer 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

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powers delegated under this regulation have been properly exercised by the Commissioner of Police. 11. (1) The Commissioner of Police exercising the powers conferred by regulation 10 (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, as the case may be; and (b) at most twenty-one days after exercising the powers, notify the Commission of the particulars of the officer in the inspectorate appointed or promoted as the case may be. (2) For gazetted offices, 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 fill that vacancy. 12. Where vacancies are to be filled 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 appropriate.

Notification of vacancies.

Vacancies dependent on examinations.

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 satisfied that the vacancy should be filled

by the appointment or re-engagement or promotion of a Police officer; or

(b) the Commission is satisfied that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualified. (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 efficiency of the Force and in considering the claims of police officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between gazetted officers or officers in the inspectorate of equal official qualifications, 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 officers shall state whether the person

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recommended is the senior gazetted officer 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. 15. (1) Where a gazetted officer has been appointed on probation the 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 officer further opportunity to pass any examination, the passing of which is a condition of the confirmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the gazetted officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or (c) the gazetted officers 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 first, by letter, informed the officer of his intention and of the right of the officer to make representations thereon within a period to be specified in such letter and required the officer 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.

Probationary appointments.

Further engagement on contract of gazetted officers.

16. (1) Where a gazetted officer is serving on contract and willing to 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 whether it should be renewed or not. (2) So far as is practicable, every such notification shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the officers current contract is due to expire.

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. 18. (1) If it appears to the Commissioner of Police that there is reason why a gazetted officer or an officer in the inspectorate who has been confirmed in a pensionable office and who has reached the age at which he can lawfully be required to retire under the pensions legislation should be required to retire

Compulsory retirement on reaching retiring age.

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[Subsidiary]

from the Force, the Commissioner of Police shall advise the officer 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 officer should be called upon to retire. (3) On being advised of the decision of the Commission, the Commissioner of Police shall notify the officer and, if the officer is to be retired, he shall notify the Pensions Branch of the Treasury. (4) A gazetted officer or an officer 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 officer or an officer in the inspectorate is incapable by reason of any infirmity grounds of ill health. of mind or body of discharging the functions of his public office, he may (and shall if the officer so requests) call upon the officer 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 officer is incapable as aforesaid. (2) After the officer 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 officer 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 officer 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 officer and, if the officer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury. 20. (1) Where a gazetted officer or an officer in the inspectorate, who is one of a number of officers holding similar offices in the Force (but one or more of such officers is to remain in office), is to be retired, either on the abolition of the office he holds; or upon the re-organization of the Force for better efficiency or economy, the Commissioner of Police shall inform the officer 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 Retirement on abolition of office or on re-organization of the Kenya Police Force.

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Commission shall decide whether the officer should remain in the office he holds in the Force or should be transferred or seconded to another department or ministry, or the officer should be retired on abolition of office or on reorganisation of the Force for greater efficiency or economy. (3) On being advised of the decision of the Commission, the Commissioner of Police shall notify the officer and, if the officer is to be retired, he shall prepare and forward the officers pensions claims to the Pensions Branch of the Treasury. (4) The provisions of this regulation shall not apply to any officer 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 officer dissatisfied 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 satisfied that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or confirmation in his appointment of a gazetted officer or an officer 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 disciplinary powers to Commissioner of Police.

22. (1) The following disciplinary powers vested in the Commission are, subject to these Regulations and to such instructions as the Commission may, from time to time issue, hereby delegated to the Commissioner of Police (a) in respect of all officers holding or acting in offices in the inspectorate (i) the power to take disciplinary action against such officers in accordance with the Police Act or the Force Standing Orders and to inflict 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 officer in the public interest in accordance with regulation 33; (ii) the power to inflict any of the punishments mentioned in paragraph (i) of regulation 25 on any such officer who is convicted in any court of a criminal offence in accordance with regulation 34;

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(b) in respect of all gazetted officers and officers in the inspectorate (i) the power to interdict any officer in accordance with regulation 23; (ii) the power to suspend any officer in accordance with regulation 24; (iii) the power to stop, withhold or defer a normal increment of any officer or to inflict a reprimand or a severe reprimand in accordance with regulation 25; (iv) the power to stop from the pay or salary of any officer 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 officer in the inspectorate is a pensionable public officer who has qualified for pension benefits 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 officer, 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 satisfied that the Interdiction. public interest requires that a gazetted officer or an officer in the inspectorate should cease forthwith to exercise the powers and functions of his office, he may interdict the officer 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 officer who is interdicted under this regulation shall receive such salary, not being less than half his salary, as the Commissioner of Police shall think fit. (3) Where disciplinary or criminal proceedings have been taken or instituted against a gazetted officer or an officer in the inspectorate under interdiction and such officer 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 inflicted, the officer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission in the case of a gazetted officer, or the Commissioner of Police in the case of an officer in the inspectorate, shall decide.

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(5) A gazetted officer or an officer in the inspectorate who is under interdiction may not leave his station without the permission of the Commissioner of Police or of any police officer 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 officer or an officer 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 officer from the exercise of the functions of his public office pending consideration of his case under these Regulations. (2) The Commissioner of Police may suspend from the exercise of the functions of his public office, a gazetted officer or an officer in the inspectorate against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the officer ought to be dismissed. (3) While a gazetted officer or an officer in the inspectorate is suspended from the exercise of the functions of his public office under this regulation, he shall not be entitled to any salary. (4) Notwithstanding sub regulation (3), the Commissioner of Police may, if he thinks fit, direct that any suspended officer shall be granted an alimentary allowance in such amount and on such terms as he may determine. (5) A gazetted officer or an officer in the inspectorate who is suspended may not leave his station without the permission of the Commissioner of Police or of any police officer 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 inflicted upon a gazetted officer or an officer 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 financial instructions or regulations; (b) reprimand (including severe reprimand); (c) deferment of increment; (d) withholding of increment; (e) stoppage of increment;

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(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 gazetted officer or an officer in the inspectorate to retire from the public service on the grounds of public interest. (3) No punishment shall be inflicted on any gazetted officer or an officer in the inspectorate which would be contrary to any law. 26. (1) Notwithstanding any other provisions of these Regulations, the Commissioner of Police may (a) stop, withhold or defer normal increment of a prison officer for a period not exceeding one year on the grounds of unsatisfactory service; (b) after investigation and after giving a gazetted officer or an officer in the inspectorate an opportunity for making his defence (which shall be recorded), inflict on such officer a severe reprimand or a reprimand; or (c) stop from the pay or salary of a gazetted officer or an officer 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.

Commissioner of Police may inflict punishment.

27. Where a gazetted officer or an officer in the inspectorate is absent Absence from duty from duty without leave or reasonable or lawful cause for a period exceeding without leave. twenty-four hours and the officer 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 gazetted officer or Pension rights and an officer in the inspectorate who is dismissed shall forfeit all rights or claims privileges lost on to a pension, gratuity, annual allowance or other retiring award, and any rights dismissal. or claims he enjoys in regard to leave or passages at the public expense. 29. (1) All acts of misconduct by a gazetted officer or officers in the 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 Disciplinary procedure.

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instituted against a public officer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the Commissioner of Police to initiate such proceedings. 30. A gazetted officer or officer in the inspectorate subject to disciplinary action shall not be entitled to copies of office orders, minutes, reports or recorded reasons for decisions of the disciplinary process. 31. (1) Where proceedings have been taken against a gazetted officer or an officer in the inspectorate under this Part, he shall be informed by the Commissioner of Police (a) of the findings on each charge which has been preferred against him; (b) of the punishment, if any, to be inflicted 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 findings or punishment.

Copies of office orders, minutes, reports, etc. Officer to be informed.

Disciplinary proceedings leading to dismissal or reduction in rank or seniority.

32. (1) This regulation applies where the Commissioner of Police considers it necessary to institute disciplinary proceedings against a gazetted officer or officer in the inspectorate to whom this regulation applies on the ground of misconduct which, if proved, would in his opinion justify dismissal or reduction in rank or seniority of a gazetted officer or dismissal of an officer 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 officer 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 officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself. (3) If the officer does not furnish a reply to a charge or charges forwarded under sub regulation (2) within the period specified, 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 officer and the comments by the Commissioner of Police thereon. (4) If, on consideration of the statement of the charge or charges, the

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reply, if any, of the gazetted officer, 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 inflicted on the officer, 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 officers senior to the accused officer, 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 officer 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 inflicted on the accused officer. (10) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified 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 inflicted on the accused officer, 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 officer and, to dismissal proceedings of an officer in the inspectorate who has qualified for pensions benefits under the pensions legislation.

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[Subsidiary] Retirement on grounds of public interest.

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33. (1) If the Commissioner of Police, after having considered every report in his possession made with regard to a gazetted officer or an officer in the inspectorate, is of the opinion that it is desirable, in the public interest, that the service of the officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the officer, 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 officer. (2) If, after giving a gazetted officer an opportunity of showing cause why he should not be retired in the public interest, the Commissioner of Police is satisfied that the officer should be required to retire in the public interest, he shall, in the case of any gazetted officer, forward to the Commission the report on the case, the gazetted officers reply and his own comments, and the Commission shall decide whether the gazetted officer should be required to retire in the public interest. (3) In the case of an officer in the inspectorate, if, after giving the officer an opportunity of showing cause why his service should not be terminated, the Commissioner of Police is satisfied that the officer should be retired in the public interest, he shall so decide. (4) Where an officer is retired in the public interest, the Commissioner of Police shall furnish the Pensions Branch of the Treasury with full details of the case.

Officer convicted of criminal offence.

34. (1) If a gazetted officer is convicted of a criminal offence which, in the opinion of the Commissioner of Police warrants disciplinary proceedings, the 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 officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25. (2) If an officer 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 officer or subject him to any of the other punishments mentioned in regulation 25. (3) If the officer is a pensionable public officer who has qualified for pensions benefits under the pensions legislation and the Commissioner of Police is of the opinion that the officer 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 officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

Cap. 403. Cap. 63.

(4) For the purposes of this regulation, proceedings for minor offences, such as those under the Traffic Act and by-laws, may be disregarded, and disciplinary proceedings shall normally be confined to proceedings under the Penal Code and other Acts where a prison sentence may be imposed, other than in default of payment of a fine.

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35. (1) An appeal by a gazetted officer shall lie to the Commission Appeals and reviews through the Commissioner of Police against an order made under these by gazetted officers. 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 officer. (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 officer 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 officer, apply through the Commissioner of Police for review and the application may be admitted if the Commission is satisfied 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. (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. 36. Any officer in the inspectorate who wishes to appeal to the 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. 37. (1) No appeal shall be allowed in the case of any officer in the inspectorate who has pleaded guilty except as to the extent or legality of the punishment. (2) An officer 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. 38. (1) The officer who inquired into the offence shall forthwith Transmission of transmit any memorandum of appeal to the Commissioner of Police through appeal. 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 Appeals by officers in the inspectorate.

Limitations to appeals by officers in the inspectorate.

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(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 officer higher in rank than the police officer awarding punishment before it is made to the Commission. Appeal not to be considered unless sent through proper channels. Determination of appeal. 39. The Commission shall in no circumstances consider an appeal unless it is submitted through the appropriate police channels, and unless the subject matter has already been considered by the Commissioner of Police and the appellant is dissatisfied with the decision of the Commissioner of Police. 40. (1) On receipt of an appeal under regulation 39 the Commission or officer considering the appeal may, after due deliberation, order that the conviction, punishment or order be confirmed, 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 officer considering the appeal shall not, on appeal, award any greater punishment than might have been awarded by the police officer inquiring into the offence in the first instance. Review by officer in the inspectorate. 41. (1) An officer in the inspectorate may, within one year of the date upon which any decision of the Commission under this Part is addressed to the officer, apply through the Commissioner of Police for review and the application may be admitted if the Commission is satisfied 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 decision. 42. The Secretary of the Commission shall cause the decision of the 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 officer. 43. Where under these Regulations it is necessary to serve any notice, charge or other document upon a police officer; or to communicate any information to any police officer having absented himself from duty; and it is not possible to effect such service upon, or communicate such information to the police officer personally or through the relevant Force channels, it shall be sufficient 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 office box.

Service of notices, etc.

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Advance copies to the Commission. [Subsidiary]

44. Nothing in these Regulations shall prevent a gazetted officer or an officer in the inspectorate 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 Commissioner of Police. 45. The Commission may institute an audit or investigation of the manner in which the Commissioner of Police has exercised any of the powers delegated by the Commission under these Regulations.

Audit and investigation.

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 the provisions of these Regulations. 48. The Public Service Commission (Police Force) Regulations are revoked. Commission may prescribe forms. Revocation of sub-leg.

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THE PUBLIC SERVICE COMMISSION (LOCAL AUTHORITY OFFICERS) REGULATIONS, 2007

part IprelIMINary

Citation. Interpretation.

1. These regulations may be cited as the Public Service Commission (Local Authority Officers) Regulations, 2007. 2. (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 officer means a local authority officer holding or acting in the office of head of a department in a local authority and includes a deputy clerk, town treasurer, county treasurer, town engineer, medical officer of health, education officers, director of housing, planning and social services and, public health officer; 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 specified in regulation 26;

Cap. 265.

local authority means a city council, municipal council, county council, town council, or urban council established under the Local Government Act; local Authority Officer means a person holding or acting in an office 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; official document means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment; promotion means the conferment upon a person in the public service

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of an office to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed; public officer means any person holding or acting in any public office and includes a local authority officer; 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 officers 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 officers of the same grade (i) by reference to the dates on which they respectively entered the grade; (ii) in any local authority officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; (iii) if any local authority officers 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 local authority officers of different grades on the same salary scale or the same flat rate of salary, by reference to the dates on which they respectively entered their grades; (c) as between local authority officers of different grades on different salary scales, by reference to the maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the flat rate; (d) when assessing the seniority of a pensionable local authority officer, 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 office 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 officer between duty posts in the same grade in the local authority service shall not be regarded for this purpose as a transfer.

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(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. 3. These Regulations shall apply to all officers in the local authorities, and the performance of the duties and the functions of the Commission in relation to such officers. 4. Decisions may be made by the commission without a meeting by circulation of the relevant papers among the members and the expression of 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. 5. 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. 6. A record shall be kept of the members present and of the business transacted at every meeting of the Commission. 7. (1) The Commission may require any public officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions. (2) The Commission may require the production of any official document relevant to any exercise of its functions, and any public officer 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 officer who without reasonable excuse fails to appear before the Commission when notified 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 officer that disciplinary proceedings should be instituted against him. (4) Notwithstanding paragraphs (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so. Correspondence. Right of the clerk to council to be heard. 8. All correspondence for the Commission shall be addressed to the Secretary or, in special cases, to the Chairman. 9. (1) The Commission shall, at the request of a clerk to council, hear him or his representative personally in connexion with any matter a local authority has referred to the Commission.

Decisions may be used by circulation of papers.

Dissent by members.

Record of meetings. Commission may require attendance and production of documents.

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(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 officer. 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 officers 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 officers; (iii) the power to terminate the probationary appointment of any such public officer under these Regulations and any other law which may be in force;

(b) in respect of all local authority officers, irrespective of their Salary

Scales, the power of confirmation in appointment of any local authority officer appointed on probation;

(c) in respect of local authority officers 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 officer 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 officer 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 officer 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.

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(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 10(1) (a) (i) shall (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 officer 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 fill that vacancy.

Notification of vacancies.

Vacancies dependent on examinations. Advertisement of vacancies.

12. Where vacancies are to be filled 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 appropriate. 13. (1) Subject to paragraph (2), applications for appointment 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 satisfied that the vacancy should be filled by the appointment or reappointment or re-designation of a local authority officer holding an office in the local authority in which the vacancy exists or by the continued employment of a local authority officer on temporary terms; or (b) the Commission is satisfied that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualified. (3) Where, in the opinion of the Commission, it would be likely to find a public officer 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 officers.

(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,

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[Subsidiary] the Commission or local authority shall have regard to the efficiency of a local appointments. authority and, in considering the claims of local authority officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between local authority officers of equal official qualifications, 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 officer 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. 15. (1) Where a local authority officer has been appointed on probation Probationary the local authority shall, not less than three months before the expiration of the appointments. probationary period, inform the Commission whether in its opinion (a) the probationary period should be extended so as to afford the local authority officer further opportunity to pass any examination, the passing of which is a condition of the confirmation, his service otherwise being satisfactory; or (b) the probationary period should be extended to afford the local authority officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on ; or (c) the local authority officers 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 first, by letter, informed the local authority officer of its intention and of the right of the officer to make representations thereon within a period to be specified in such letter and required the officer 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. 16. (1) Where it is desired to transfer a local authority officer assigned Transfers 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 officer assigned salary scale SS 9 or above from his present office to another office 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

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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 officers from one station to another in their substantive capacities within a local authority.

Further engagement on contract.

17. (1) Subject to regulation 10 (1) (c), where a local authority officer is 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 notification under paragraph (1) shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the local authority officers contract is due to expire. (3) The notification 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. 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. 19. (1) Where it appears to a local authority that there is reason why a local authority officer should be called upon to retire from the local authority service on the grounds that he has reached the age at which he can lawfully be required to retire from the service under the rules relating generally to the establishment, control, management and maintenance of, and contribution to, and benefits from any pensions, provident or benevolent fund established by the local authority, the local authority shall advice the officer 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 officer should be called upon to retire. (3) On being advised of the decision of the Commission, the local authority shall notify the local authority officer and, if the officer is to be retired, it shall take the necessary steps for the officer to be paid his retirement benefits. (4) A local authority officer 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.

Compulsory retirement on reaching the mandatory retirement age.

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20. (1) Where it appears to a local authority that a local authority officer Retirement on is incapable by reason of any infirmity of mind or body of discharging the grounds of ill health. functions of his office, it may (and shall if the local authority officer so requests) call upon the local authority officer 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 officer is incapable as aforesaid. (2) After the local authority officer 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 officer 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 officer 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 officer and, if the officer is to be retired on the grounds of ill health, it shall take the necessary steps for the officer to be paid his retirement benefits. 21. (1) Where a local authority officer, who is one of a number of local authority officers holding similar local authority offices, is to be retired, either on the abolition of the office he holds; or upon the re-organization of the local authority in which he holds an office for better efficiency or economy, but one or more of such local authority officers is to remain in office, the local authority shall inform the local authority officer 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 officer should remain in the office he holds in the local authority service, should be transferred or seconded to another local authority, Government Department, Ministry, or the officer should be retired on abolition of office or on reorganization of the local authority for greater efficiency or economy. (3) On being advised of the decision of the Commission, the local authority shall notify the local authority officer and, if the officer is to be retired, it shall take the necessary steps for the officer to be paid his retirement benefits. (4) The provisions of this regulation shall not apply to any local authority officer 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 benefits from any pension, provident or benevolent fund established by the local authority in accordance with regulation 19. Retirement on abolition of office or on re-organization of a local authority.

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(5) Any local authority officer dissatisfied 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 satisfied that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or confirmation in his appointment of a local authority officer 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 to local authorities. 23. (1) The following disciplinary powers vested in the Commission are, 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 officers (i) the power to interdict any local authority officer under regulation 24; (ii) the power to suspend any local authority officer under regulation 25; (iii) the power to stop, withhold or defer a normal increment of any local authority officer or to inflict a severe reprimand or a reprimand on him or to stop his pay or salary under regulation 27; (b) in respect of all local authority officers assigned salary scale SS 10 and below (i) the power of dismissal or reduction in rank or seniority in accordance with regulation 35; (ii) the power to inflict any of the punishments mentioned in paragraph (1) of regulation 26 on a public officer 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 satisfied that the public

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interest requires that a local authority officer should cease forthwith to exercise the powers and functions of his office, it may interdict the local authority officer 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 officer who is interdicted shall receive such salary, not being less than half his salary, as the local authority shall deem fit. (3) Where disciplinary or criminal proceedings have been taken or instituted against a local authority officer under interdiction and such local authority officer 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 inflicted, the local authority officer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide. (5) A local authority officer who is under interdiction may not leave his station without the permission of the local authority or of any local authority officer who is empowered to give such permission on behalf of the local authority. 25. (1) Where a local authority officer has been convicted of a serious criminal offence, other than such as are referred to in regulation 38 (3), a local authority may suspend the local authority officer from the exercise of the functions of his office pending consideration of his case under these Regulations. (2) A local authority may suspend from the exercise of the functions of his office, a local authority officer against whom proceedings for dismissal have been taken if, as the result of those proceedings, it considers that the local authority officer ought to be dismissed. (3) While a local authority officer is suspended from the exercise of the functions of his local authority office under this regulation, he shall not be entitled to any salary. (4) Notwithstanding paragraph (3) the local authority may, if it thinks fit, direct that any suspended local authority officer shall be granted an alimentary allowance in such amount and on such terms as it may determine. (5) A local authority officer who is suspended may not leave his station without the permission of the local authority or of any local authority officer who is empowered to give such permission on behalf of the local authority.

Suspension.

26. (1) The following are the punishments which may be inflicted upon Punishments. a local authority officer as a result of disciplinary proceedings under this Part (a) recovery of the cost or part of the cost of any loss or breakage

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caused by default or negligence provided no such cost has been recovered by surcharge action under section 236 of the Local 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 officer to retire from the local authority service on the grounds of public interest. (3) No punishment shall be inflicted on any local authority officer which would be contrary to any law.

Local authorities may inflict punishments.

27. (1) Notwithstanding any other provisions of these Regulations, a local authority may, without reference to the Commission (a) stop, withhold or defer a local authority officers 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 officer an opportunity for making his defence (which shall be recorded), inflict on a local authority officer a severe reprimand or a reprimand; or (d) stop the pay or salary of a local authority officer 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 officer is absent from duty without leave or reasonable or lawful cause for a period exceeding twenty-four hours and the local authority officer 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

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charge to him, the authority empowered to dismiss him may summarily dismiss him. 29. Subject to any law for the time being in force, a local authority officer who is dismissed shall forfeit all rights or claims to pension, gratuity, annual allowance or other retiring award, and any rights or claims he enjoys in regard to leave or passages at the local authority expense.

Pension rights and privileges lost on dismissal.

30. (1) All acts of misconduct by local authority officers 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 officer, the Commission shall, notwithstanding any other previous provisions of these regulations, direct the local authority to initiate such proceedings. 31. A local authority officer subject to disciplinary action shall not be Copies of office entitled to copies of office orders, minutes, reports or recorded reasons for orders, minutes, decisions of the disciplinary process. reports etc. 32. (1) An appeal by a local authority officer 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 officer 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 officer. (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 officer 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 officer may, within one year of the date upon which any decision of the Commission under this Part is addressed to the local authority officer, apply for review and the application may be admitted if the Commission is satisfied 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

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conferred on a local authority officer 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 officer under this Part, he shall be informed by the local authority (a) of the findings on each charge which has been preferred against him; (b) of the punishment, if any, to be inflicted 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 findings or punishment.

Officer to be informed.

Disciplinary proceedings for dismissal or reduction in rank or seniority for a local authority officer assigned salary scale SS 10 and above.

34. (1) The provisions of this regulation shall apply to disciplinary proceedings for dismissal or reduction in rank or seniority for a local authority officer assigned salary scale SS 10 and above other than a clerk to council or a chief officer. (2) Where a local authority considers it necessary to institute disciplinary proceedings against a local authority officer 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 officer 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 officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself. (4) Where the local authority officer does not furnish a reply to a charge or charges forwarded under paragraph (2) within the period specified, 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 officer 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 officer, and the comments of the local authority, the Commission is of the opinion that no further investigation is

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necessary, it shall forthwith decide on any of the punishments mentioned in regulation 26 (1), if any, which should be inflicted on the local authority officer, 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 officers senior to the accused local authority officer, 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 officer 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 inflicted on the accused local authority officer. (11) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified 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 inflicted on the local authority officer, 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 officer assigned salary scales SS 9 and below. for dismissal or reduction in rank or (2) Where a local authority considers it necessary to institute disciplinary seniority for a local proceedings against a local authority officer to whom this regulation applies on authority officer the ground of misconduct which , if proved, in its opinion, justify dismissal or assigned salary scale SS 9 and below.

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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 officer 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 officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself. (4) If the local authority officer does not furnish a reply to a charge or charges forwarded to under paragraph (3) within the period specified, 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 inflicted in the local authority officer. (5) If the local authority, on consideration of the charge or charges against the local authority officer, the local authority officers reply and the grounds, if any, on which the local authority officer 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 officer senior to the accused local authority officer, 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 inflicted on the local authority officer.

Disciplinary proceedings for dismissal or reduction in rank or seniority for a clerk to council or a chief officer.

36. (1) The provisions of this regulation shall apply to disciplinary proceedings for dismissal or reduction in rank or seniority for a clerk to council or a chief officer. (2) Where the Permanent Secretary to the Ministry for the time being responsible for local authorities considers it necessary to institute disciplinary proceedings against a local authority officer 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 officer 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 officer to state in writing, should he so

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desire, before a day to be specified, any grounds on which he relies to exculpate himself. (3) If in the opinion of the Permanent Secretary the presence of a local authority officer to whom this regulation applies may hinder the proper operation of the local authority, he may interdict or suspend the officer and regulations 24 or 25 shall apply to the local authority officer. (4) If the local authority officer does not furnish a reply to a charge or charges forwarded under paragraph (2) within the period specified, 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 officer 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 officer, 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 inflicted on the local authority officer, 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 officers who are senior to the local authority officer 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 officer 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

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form of punishment to be inflicted on the accused local authority officer. (10) The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified 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 final decision in the case. (12) The Commission shall decide on any of the punishments mentioned in regulation 26 (1), if any, which should be inflicted on the local authority officer, or whether he should be retired in the public interest.

Retirement on grounds of public interest.

37. (1) Where a local authority, after having considered every report in its possession made with regard to a local authority officer, is of the opinion that it is desirable, in the public interest, that the service of the local authority officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, it shall notify the local authority officer, 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 officer. (2) If, after giving the local authority officer an opportunity of showing cause why he should not be retired in the public interest, the local authority is satisfied that the officer should be required to retire in the public interest, it shall, in the case of any local authority officer, forward to the Commission the report on the case, the local authority officers reply and his own comments, and the Commission shall decide whether the local authority officer 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 officer 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 officer is retired in the public interest, the local authority shall take the necessary steps for the local authority officer to be paid his retirement benefits.

Officer convicted of criminal offence.

38. (1) Where a local authority officer is convicted of a criminal offence which, in the opinion of the local authority, warrants disciplinary proceedings, the local authority shall, in the case of a local authority officer 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 officer should be dismissed or subjected to any of the other punishments

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

(3) For the purposes of this regulation, proceedings for minor offences, such as those under the Traffic Act and by-laws, may be disregarded, and Cap.403. disciplinary proceedings shall normally be confined to proceedings under the Penal Code and other Acts where a prison sentence may be imposed, other than Cap.63. in default of payment of a fine. part VMISCellaNeOuS 39. Where under these Regulations it is necessary to serve any notice, Service of notices charge or other document upon a local authority officer or to communicate etc. any information to any local authority officer having absented himself from duty and it is not possible to effect such service upon or communicate such information to the local authority officer personally, it shall be sufficient 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 office 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 Commission. shall take the appropriate action. 41. Nothing in these Regulations shall prevent a local authority officer Advance copies to from sending, directly to the Commission, an advance copy of a document the Commission. 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 the provisions of these Regulations. Commission may prescribe forms.

45. The Public Service Commission (Local Authority Officers) Revocation of Regulations Regulations are revoked. (Sub-Leg).