Skip to content
Constitution

Kenyan Constitution, Chapter Nine, Part 4, article 158

BY Juma · October 10, 2016 07:10 am

Article 158: Removal and resignation of Director of Public Prosecutions

(1) The Director of Public Prosecutions may be removed from office only on the grounds of–

(a) inability to perform the functions of office arising from mental or physical incapacity;
(b) non-compliance with Chapter Six;
(c) bankruptcy;
(d) incompetence; or
(e) gross misconduct or misbehaviour.

(2) A person desiring the removal of the Director of Public Prosecutions may present a petition to the Public Service Commission which, shall be in writing, setting out the alleged facts constituting the grounds for the removal of the Director.
(3) The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under clause (1), it shall send the petition to the President.
(4) On receipt and examination of the petition, the President shall, within fourteen days, suspend the Director of Public Prosecutions from office pending action by the President in accordance with clause (5) and shall, acting in accordance with the advice of the Public Service Commission, appoint a tribunal consisting of–

(a) four members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such;
(b) one advocate of at least fifteen years’ standing nominated by the statutory body responsible for the professional regulation of advocates; and
(c) two other persons with experience in public affairs.

(5) The tribunal shall inquire into the matter expeditiously and report on the facts and make recommendations to the President, who shall act in accordance with the recommendations of the tribunal.
(6) A Director of Public Prosecutions who is suspended from office under clause (4) shall be entitled to half of his or her remuneration until removed from, or reinstated in, office.
(7) A tribunal appointed under clause (4) shall elect a chairperson from among its members.
(8) A tribunal appointed under clause (4) shall be responsible for the regulation of its proceedings.
(9) The Director of Public Prosecutions may resign from office by giving notice, in writing, to the President.

Read: Kenyan Constitution, Chapter Nine, Part 4, Article 156 to 157

 

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. (020) 528 0222 or Email: info@sokodirectory.com

Trending Stories
Government and Policy Kenya Is Struggling With Debt As Modest Revenue Is Collected With Limited Development Investment Steve Biko Wafula
Entrepreneur's Corner Kenyan Clients Don’t Care Whether You’re In the ICU: The Brutal Truth Of Entrepreneurship Soko Directory Team
Headlines Are The SACCOS The Infinite Money Glitch Of Kenya? Soko Directory Team
Government and Policy Saccos Clamp Down On Struggling Businesses, Recover Sh491 Million In A Ruthless Crackdown Soko Directory Team
Entrepreneur's Corner The Greatest Skill Everyone Should Master Is The Skill Of Knowing How To Manage Money Soko Directory Team
Related Articles
Constitution The Supreme Law of the Republic of Kenya: Be in the Know Juma
Constitution Sovereignty of the People: What Does the Constitution Say? Juma
Constitution The Right To Own Property as Enshrined in the Kenyan Constitution Juma
Constitution Dear Kenyans, Elect Leaders According to Chapter Six, Article 73 of The Constitution Juma
Constitution MPs Violating Article 103 of the Constitution By Stealing From Hunger Stricken Kenyans Soko Directory Team
Explore Soko Directory
Banking Blogging Commodity Watch Did you know Entertainment Entrepreneur's Corner Feature Government and Policy Headlines Investment Lifestyle Market News Money Opinion Press Releases Stock Watch Technology
Soko Directory Archives