Rank: Elder Joined: 2/26/2012 Posts: 15,980
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alma1 wrote:murchr wrote:newfarer wrote:The sad thing is that the more the president talks about it the biggest the figures in question are getting. Did uhuru really want to be the president ama alilazimizwa. Si he is the ultimate appointing authority. Si afute watu Ala, kwani you forgot we voted in a constitution that cut the powers of the president. It is not the work of the President to fire civil servants - that's the work of Public service commission, for Parliament its the Parliamentary service commission, for judges its the Judicial service commission etc. He has no power of influencing any of these commissions or else he'll be taken to court and his decision overridden. Even when the first bunch of ministers were taken to court, their first argument was UK has no powers Iko shida. When machozi said this constitution is incapacitating he was right. Now that other excuses cannot be used we come up with the constitution excuse? Where in the constitution does it say that the President has no power. Please quote nicely. It should start with "The President has no power to......." These are the Functions of the President132. (1) The President shall—
(a) address the opening of each newly elected Parliament;
(b) address a special sitting of Parliament once every year and
may address Parliament at any other time; and
(c) once every year—
(i) report, in an address to the nation, on all the measures
taken and the progress achieved in the realisation of the
national values, referred to in Article 10;
(ii) publish in the Gazette the details of the measures and
progress under sub-paragraph (i); and
(iii) submit a report for debate to the National Assembly
on the progress made in fulfilling the international
obligations of the Republic.
Functions of the
President.
Rev. 2010] Constitution of Kenya 77
(2) The President shall nominate and, with the approval of the
National Assembly, appoint, and may dismiss—
(a) the Cabinet Secretaries, in accordance with Article 152;
(b) the Attorney-General, in accordance with Article 156;
(c) the Secretary to the Cabinet in accordance with Article
154;
(d) Principal Secretaries in accordance with Article 155;
(e) high commissioners, ambassadors and diplomatic and
consular representatives; and
(f) in accordance with this Constitution, any other State or
public officer whom this Constitution requires or empowers
the President to appoint or dismiss.
(3) The President shall—
(a) chair Cabinet meetings;
(b) direct and co-ordinate the functions of ministries and
government departments; and
(c) by a decision published in the Gazette, assign responsibility
for the implementation and administration of any Act
of Parliament to a Cabinet Secretary, to the extent not
inconsistent with any Act of Parliament.
(4) The President may—
(a) perform any other executive function provided for in this
Constitution or in national legislation and, except as otherwise
provided for in this Constitution, may establish an office in
the public service in accordance with the recommendation
of the Public Service Commission;
(b) receive foreign diplomatic and consular representatives;
(c) confer honours in the name of the people and the
Republic;
(d) subject to Article 58, declare a state of emergency; and
(e) with the approval of Parliament, declare war.
78 Constitution of Kenya [Rev. 2010
(5) The President shall ensure that the international obligations
of the Republic are fulfilled through the actions of the relevant Cabinet
Secretaries.
133. (1) On the petition of any person, the President may exercise
a power of mercy in accordance with the advice of the Advisory
Committee established under clause
(2), by—
(a) granting a free or conditional pardon to a person convicted
of an offence;
(b) postponing the carrying out of a punishment, either for a
specified or indefinite period;
(c) substituting a less severe form of punishment; or
(d) remitting all or part of a punishment.
(2) There shall be an Advisory Committee on the Power of Mercy,
comprising—
(a) the Attorney-General;
(b) the Cabinet Secretary responsible for correctional services;
and
(c) at least five other members as prescribed by an Act of
Parliament, none of whom may be a State officer or in
public service.
(3) Parliament shall enact legislation to provide for—
(a) the tenure of the members of the Advisory Committee;
(b) the procedure of the Advisory Committee; and
(c) criteria that shall be applied by the Advisory Committee in
formulating its advice.
(4) The Advisory Committee may take into account the views of
the victims of the offence in respect of which it is considering making
recommendations to the President.
166. (1) The President shall appoint—
(a) the Chief Justice and the Deputy Chief Justice, in accordance
with the recommendation of the Judicial Service Commission,
and subject to the approval of the National Assembly; and
(b) all other judges, in accordance with the recommendation of
the Judicial Service Commission.
The removal of a judge may be initiated only by the Judicial
Service Commission acting on its own motion, or on the petition of any
person to the Judicial Service Commission.
(3) A petition by a person to the Judicial Service Commission
under clause (2) shall be in writing, setting out the alleged facts
constituting the grounds for the judges removal.
(4) The Judicial Service Commission shall consider the petition
and, if it is satisfied that the petition discloses a ground for removal
under clause (1), send the petition to the President.
(5) The President shall, within fourteen days after receiving the
petition, suspend the judge from office and, acting in accordance with
the recommendation of the Judicial Service Commission—
126. (1) A sitting of either House may be held at any place within
Kenya and may commence at any time that the House appoints.
(2) Whenever a new House is elected, the President, by notice in
the Gazette, shall appoint the place and date for the first sitting of the new
House, which shall be not more than thirty days after the election.
Role of Parliamentary Service Commission
6) The Commission is responsible for—
(a) providing services and facilities to ensure the efficient and
effective functioning of Parliament;
(b) constituting offices in the parliamentary service, and
appointing and supervising office holders;
(c) preparing annual estimates of expenditure of the parliamentary
service and submitting them to the National Assembly
for approval, and exercising budgetary control over the
service;
(d) undertaking, singly or jointly with other relevant
organisations, programmes to promote the ideals of
parliamentary democracy; and
(e) performing other functions—
(i) necessary for the well-being of the members and staff of
Parliament; or
(ii) prescribed by national legislation
Role of Public Service Commission
(2) The Public Service Commission consists of a chairperson, a
vice chairperson and seven other members appointed by the President
with the approval of the National Assembly.
234. (1) The functions and powers of the Commission are as set
out in this Article.
(2) The Commission shall—
(a) subject to this Constitution and legislation––
(i) establish and abolish offices in the public service; and
(ii) appoint persons to hold or act in those offices, and to
confirm appointments;
(b) exercise disciplinary control over and remove persons
holding or acting in those offices;
(c) promote the values and principles mentioned in Articles 10
and 232 throughout the public service;
The President cannot ursurp those powers. Its up to these commissions to work. But we know some of the members of these commissions are political appointees so they will do what serves their interests"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
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