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Section 76 of County Governments Act: Prohibition of punishment contrary to the Constitution

    

(1) In exercising its disciplinary powers, the County Public Service Board shall observe the principles of natural justice.
(2) No public officer may be punished in a manner contrary to any provision of the Constitution or any Act of Parliament.
(3) Nothing in this section shall limit the powers conferred on the county government or any other lawful authority discharging a disciplinary function from retiring an officer from the county public service on the ground of public interest.
(4) In this section, retirement on the ground of public interest may be imposed instead of any other punishment if the decision maker considers that although the misconduct has been proven—
(a) the officer has nevertheless raised a mitigation factor that renders imposition of a punishment too harsh in view of the circumstances of the case; or
(b) the length of service benefits accrued and previous good record of the officer justifies the retirement; or
(c) imposing a punishment against the officer is likely to adversely affect the reputation of the public body concerned or the county public service generally.
(5) If criminal proceedings are instituted against a county public officer, disciplinary proceedings against the officer for dismissal or imposition of any other punishment on any grounds involved in the criminal charge shall not be taken until the conclusion of the criminal proceedings and the determination of any appeal therefrom has been made.
(6) Nothing in subsection (5) shall be interpreted as prohibiting or restricting the power of the county government or the concerned county chief officer or other lawful authority to interdict or suspend or take any interlocutory decision against the public officer.

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

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