Section 56:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
56. Whether Public Service Commission may impose fine—The appellant
was fined under regulation 41 of the Public Service Commission Regulations
1967 for misconduct. His application to the Supreme Court for an order of
certiorari to quash the decision was dismissed. The appellant appealed to the
Privy Council. The issue was whether the Commission had the power to impose a fine.
HELD the Commission’s powers are derived from the Constitution. Section 8 (1) and 8 (4) of the Constitution make it clear that there is no power
to fine unless a law exists which gives that power, and before a fine can be
enforced the breach of that law has to be established in the Courts. Imposition of a fine by the Public Service Commission is ultra vires the Constitution. Norton v PSC (1985).