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Section 48 of The Children Act CAP 141: Staff of the Council

    

(1) There shall be a Chief Executive Officer of the Council who shall be competitively recruited and appointed by the Council and whose terms and conditions of service shall be determined by the Council on advice of the Salaries and Remuneration Commission.
(2) A person shall be qualified for appointment as Chief Executive Officer if he
or she—
(a) is a citizen of Kenya;
(b) holds a relevant post graduate degree from a university recognized in Kenya;
(c) has at least ten years’ experience in social work, administration and management, public administration, human resource or finance management; and
(d) meets the requirements of Chapter Six of the Constitution.
(3) The Chief Executive Officer shall hold office for a term of five years renewable for one further term of five years.
(4) The Chief Executive Officer shall, in the performance of the functions and duties of his or her office, be responsible to the Council.
(5) The Chief Executive Officer shall be—
(a) the secretary to the Council;
(b) the head of the secretariat of the Council;
(c) the accounting officer of the Council;
(d) the custodian of all records of the Council; and
(e) responsible for—
(i) executing decisions of the Council;
(ii) assigning duties to and supervising the staff of the Council, and for co-ordinating and regulating their work in the execution of the functions of the Council;
(iii) facilitating, co-ordinating and ensuring the effective discharge of the function of the Council; and
(iv) the performance of such other duties as may be assigned by the Council under this Act or any other written law.
(6) The Chief Executive Officer may be removed from office Council in accordance with the terms and conditions of service, for— (a) inability to perform the functions of his or her office;
(b) gross misconduct or misbehaviour;
(c) incompetence or neglect of duty; or
(d) any other ground that would justify removal from office under his or her terms and conditions of service.
(7) The removal of the Chief Executive Officer from his or her office shall be in accordance with the principles of fair administrative action prescribed in Article 47 of the Constitution and the law relating to fair administrative action.
(8) The staff appointed under subsection (1) shall represent the ethnic, gender and social diversity of the country and serve on such terms and conditions as the Council may, in consultation with the Salaries and Remuneration Commission, determine.
(9) The national government may, upon request by the Council, second to the Council such number of public officers as the Council may require.
(10) A public officer seconded to the Council shall, during the period of secondment, be deemed to be an officer of the Council, and shall be subject only to the direction and control of the Council.
(11) In the appointment of its staff, the Council shall ensure that not more than two thirds of the staff of the Council shall be of the same gender, taking account of—
(a) persons with disabilities; and
(b) regional and ethnic diversity of the people of Kenya.

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