ELECTORAL COMMISSION ACT

PART V -MANAGEMENT
Appointment of cheif elections officer 12.
1.
The Commission shall appoint a suitably qualified person to be Chief Elections Officer upon such written terms and conditions as the commission may, in its discretion, determine.
2.
The Chief Elections Officer shall hold office for a period of five years and shall be eligible to be re-appointed as Chief Elections Officer for a further period of five years.
3.
The Chief Elections Officer shall be the chief executive officer of the Commission and, in the performance of his functions and duties, shall be responsible and answerable only to, and shall be under the direction, supervision and control, of the Commission.
4.
The Chief Elections Officer shall not divulge any information to any person or accept or seek instructions from any person in relation to his functions and duties or the functions or powers of the Commission or in relation to the conduct of any election.

Appointment of staff of the commission 13.
1.
The Commission shall appoint such other professional, technical and administrative officers and support staff as the commission may deem necessary, subject to such terms and conditions as the Commission shall, in its discretion, determine.
2.
The Commission may pay to every person in its service, including the Chief Elections Officer, such remuneration and allowances and grant to every such person such fringe benefits as it may deem appropriate.
3.
There may be seconded to the Commission such number of public officers as the Commission may arrange with the appropriate authority responsible for such public officers for such periods and on such terms and conditions as may be agreed between the Commission and the authority concerned.
4.
For purposes of this Act, a public officer who is seconded to the Commission under subsection (3), shall be deemed to be an employee of the Commission and shall enjoy the same benefits and shall be required to comply with the Constitution, this Act and any other written law relating to elections and any instruction, orders and directions of the Commission in the same manner as an employee recruited directly by the Commission under this Act.
5.
The Commission shall deploy persons in its service in such manner as it deems appropriate and shall, for each district, constituency, ward and polling station, designate a District Elections Officer, elections officers, assistant elections officers, returning officers, presiding officers, registration officers, polling officials and counting officers in such numbers as the Commission shall deem appropriate for purposes of conducting or supervising elections.
6.
Upon assuming office, or immediately thereafter, every employee including the Chief Elections Officer shall take an oath of office in the prescribed form before a commissioner of oaths and, if there be no such form, in such form as the Commission shall determine.

Vacancy where employee becomes candidate in elections 14. The office or post an employee of the Commission shall automatically become vacant in the event that the employee becomes a candidate in any presidential, parliamentary or local government election.

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