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Section 64 of County Governments Act: No unqualified person may be appointed in acting capacity

    

(1) A person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualifications for holding that public office.
(2) Acting appointments shall be made only by the lawful appointing authority and for a specified period.
(3) Nothing in this section shall prevent a public officer from—
(a) delegating a duty for which the law does not prohibit delegation; or
(b) deploying another officer to perform duties vested in another office during a temporary absence.
(4) Any delegation or deployment under subsection (3) shall—
(a) be made by an officer who is qualified and competent to perform the duty; and
(b) not undermine the expeditious appointment or deployment of a competent person to the public office concerned.
(5) If it comes to the attention of the County Public Service Board that a public officer has purportedly made an acting appointment, delegation or deployment as the case may be, contrary to the provisions of this section, the County Public Service Board shall take the necessary corrective action.

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Disclaimer: This document is not to be taken as legal advise.

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