Executive

CHAPTER NINE

THE EXECUTIVE

 

Part 1—PrinciPles and structure of the national executive

 

Article 129. Principles of executive authority.

(1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.

(2) Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well- being and benefit.

 

ARTICLE 130. The National Executive.

(1) The national executive of the Republic comprises the

President, the Deputy President and the rest of the Cabinet.

(2) The composition of the national executive shall reflect the

regional and ethnic diversity of the people of Kenya.

Part 2—the President and dePuty President

ARTICLE 131. Authority of the President

 (1) The President—

(a) is the Head of State and Government;

(b) exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries;

(c) is the Commander-in-Chief of the Kenya Defence Forces; (d) is the chairperson of the National Security Council; and (e) is a symbol of national unity.

(2) The President shall—

(a) respect, uphold and safeguard this Constitution; (b) safeguard the sovereignty of the Republic;

(c) promote and enhance the unity of the nation;

(d) promote respect for the diversity of the people and communities of Kenya; and

(e) ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The President shall not hold any other State or public office.

ARTICLE 132. Functions of the President.

(1) The President shall—

(a) address the opening of each newly elected Parliament;

(b) address a special sitting of Parliament once every year and may address Parliament at any other time; and

(c) once every year—

(i) report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values,  referred to  in Article 10;

(ii) publish in the Gazette the details of the measures and progress  under sub-paragraph (i); and

(iii) submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.

(2) The President shall nominate and, with the approval of the

National Assembly, appoint, and may dismiss—

(a) the Cabinet Secretaries, in accordance with Article 152; (b) the Attorney-General, in accordance with Article 156;

(c) the Secretary to the Cabinet in accordance with Article

154;

(d) Principal Secretaries in accordance with Article 155;

(e) high commissioners, ambassadors and diplomatic and consular representatives; and

(f) in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

(3) The President shall— (a) chair Cabinet meetings;

(b) direct and co-ordinate the functions of ministries and government departments; and

(c) by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.

(4) The President may—

(a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission;

(b) receive foreign diplomatic and consular representatives; (c) confer honours in the name of the people and the

Republic;

(d) subject to Article 58,  declare a state of emergency; and

(e) with the approval of Parliament, declare war.

(5) The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.

Article 133 Power of mercy

(1) On the petition of any person, the President may exercise a power of mercy in accordance with the advice of the Advisory Committee established under clause (2), by—

(a) granting a free or conditional pardon to a person convicted of an offence;

(b) postponing the carrying out of a punishment, either for a

specified or indefinite period;

(c) substituting a less severe form of punishment; or

(d) remitting all or part of a punishment.

(2) There shall be an Advisory Committee on the Power of Mercy, comprising—

(a) the Attorney-General;

(b) the Cabinet Secretary responsible for correctional services;

and

(c) at least five other members as prescribed by an Act of Parliament, none of whom may be a State officer or in public service.

(3) Parliament shall  enact legislation to provide for— (a) the tenure of the members of the Advisory Committee; (b) the procedure of the Advisory Committee; and

(c) criteria that shall be applied by the Advisory Committee in formulating its advice.

(4) The Advisory Committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the President.

ARTICLE 134. Exercise of presidential powers during temporary incumbency

(1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President —

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

may not exercise the powers of the President  specified in clause (2).

(2) The powers  referred to in clause (1) are—

(a) the nomination or appointment of the judges of the superior courts;

(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;

(c) the nomination or appointment or dismissal of Cabinet

Secretaries and other State or Public officers;

(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;

(e) the power of mercy; and

(f) the authority to confer honours in the name of the people and the Republic.

ARTICLE 135. Decisions of the President

A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.

ARTICLE 136. Election of the President

(1) The President shall be elected by registered voters in a national election conducted in accordance with this Constitution and any Act of Parliament regulating presidential elections.

(2) An election of the President shall be held––

(a) on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; or

(b) in the circumstances contemplated in Article 146.

ARTICLE 137. Qualifications and disqualifications for election as President

(1) A person qualifies for nomination as a presidential

candidate if the person— (a) is a citizen by birth;

(b) is qualified to stand for election as a member of

Parliament;

(c) is nominated by a political party, or is an independent candidate; and

(d) is nominated by not fewer than two thousand voters from each of a majority of the counties.

(2) A person is not qualified for nomination as a presidential

candidate if the person—

(a) owes allegiance to a foreign state; or

(b) is a public officer, or is acting in any State or other public office.

(3) Clause (2) (b) shall not apply to— (a) the President;

(b) the Deputy President; or

(c) a member of Parliament.

ARTICLE 138. Procedure at presidential election

(1) If only one candidate for President is nominated, that candidate shall be declared elected.

(2) If two or more candidates for President are nominated, an election shall be held in each constituency.

(3) In a presidential election—

(a) all persons registered as voters for the purposes of parliamentary elections are entitled to vote;

(b) the poll shall be taken by secret ballot on the day specified in Article 101 (1) at the time, in the places and in the manner prescribed under an Act of Parliament; and

(c) after counting the votes in the polling stations, the

Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result.

(4) A candidate shall be declared elected as President if the candidate receives—

(a) more than half of all the votes cast in the election; and

(b) at least twenty-five per cent of the votes cast in each of more

than half of the counties.

(5) If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be—

(a) the candidate, or the candidates, who received the greatest number of votes; and

(b) the candidate, or the candidates, who received the second greatest number of votes.

(6) If more than one candidate receives the greatest number of votes, clause (5) (b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5) (a).

(7) The candidate who receives the most votes in the fresh election shall be declared elected as President.

(8) A presidential election shall be cancelled and a new election held if—

(a) no person has been nominated as a candidate before the expiry of the period set for the delivery of nominations;

(b) a candidate for election as President or Deputy President dies on or before the scheduled election date; or

(c) a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President.

(9) A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election.

(10) Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall—

(a) declare the result of the election; and

(b) deliver a written notification of the result to the Chief Justice

and the incumbent President.

ARTICLE 139. Death before assuming office.

(1) If a President-elect dies after being declared elected as

President, but before assuming office––

(a) the Deputy President-elect shall be sworn in as acting President on the date on which the President-elect would otherwise have been sworn-in; and

(b) a fresh election to the office of President shall be held within

sixty days after the death of the President-elect.

(2) If the Deputy President-elect dies before assuming office, the office of the Deputy President shall be declared vacant on the assumption of office by the person declared elected as the President.

(3) If both the persons declared elected as the President and the

Deputy President die before assuming office––

(a) the Speaker of the National Assembly shall act as President from the date on which the President-elect would otherwise have been sworn-in; and

(b) a fresh presidential election shall be conducted within sixty days after the second death.

ARTICLE 140. Questions as to validity of presidential election.

(1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.

(2) Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final.

(3) If the Supreme Court determines the election of the President- elect to be invalid, a fresh election shall be held within sixty days after the determination.

ARTICLE 141. Assumption of office of  President.

(1) The swearing in of the President-elect shall be in public before the Chief Justice, or, in the absence of the Chief Justice, the Deputy Chief Justice.

(2) The President-elect shall be sworn in on the first Tuesday

following––

(a) the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under Article 140; or

(b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.

(3) The President-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule.

(4) Parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a President-elect.

ARTICLE 142. Term of office of President

(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in.

(2) A person shall not hold office as President for more than two

terms.

ARTICLE 143. Protection from legal proceedings.

 (1) Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of office.

(2) Civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this Constitution.

(3) Where provision is made in law limiting the time within which proceedings  under clause (1) or (2) may be brought against a person, a period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the period of time prescribed by that law.

(4) The immunity of the President under this Article shall not extend to a crime for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity.

ARTICLE144.Removal of President on grounds of incapacity

 (1) A member of the National Assembly, supported by at least a quarter of all the members, may move a motion for the investigation

of the President’s physical or mental capacity to perform the functions

of office.

(2) If a motion under clause (1) is supported by a majority of all the members of the National Assembly—

(a) the Speaker shall inform the Chief Justice of that resolution within two days; and

(b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3) Within seven days after receiving notice of the resolution from the Speaker, the Chief Justice shall appoint a tribunal consisting of—

(a) three persons who are qualified to practise medicine under the laws of Kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine;

(b) one advocate of the High Court nominated by the body which by law is responsible for regulating the professional practice of advocates; and

(c) one person nominated by the President.

(4) If the Chief Justice is unable to appoint a tribunal under clause

(3), the Deputy Chief Justice shall appoint such a tribunal.

(5) If the President is unable to nominate the person required to be nominated under clause (3) (c), the person shall be nominated by––

(a) a member of the family of the President; or

(b) if no such member is willing or able to make the nomination, by a close relative of the President.

(6) The tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the Chief Justice and to the Speaker of the National Assembly.

(7) The Speaker shall cause the report of the tribunal to be tabled before the National Assembly within seven days after receiving it.

(8) The report of the tribunal shall be final and not subject to appeal

and if the tribunal reports that the President is capable of performing the functions of the office, the Speaker of the National Assembly shall

so announce in the National Assembly.

(9) If the tribunal reports that the President is incapable of performing the functions of the office, the National Assembly shall vote on whether to ratify the report.

(10) If a majority of  all the members of the National Assembly vote in favour of ratifying the report, the President shall cease to hold office.

ARTICLE 145. Removal of President by impeachment

(1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—

(a) on the ground of a gross violation of a provision of this

Constitution or of any other law;

(b) where there are serious reasons for believing that the President has committed a crime under national or international law; or

(c) for gross misconduct.

(2) If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly—

(a) the Speaker shall inform the Speaker of the Senate of that resolution within two days; and

(b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3) Within seven days after receiving notice of a resolution from the Speaker of the National Assembly—

(a) the Speaker of the Senate shall convene a meeting of the

Senate to hear charges against the President; and

(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.

(4) A special committee appointed under clause (3) (b) shall— (a) investigate the matter; and

(b) report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.

(5) The President shall have the right to appear and be represented before the special committee during its investigations.

(6) If the special committee reports that the particulars of any allegation against the President—

(a) have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or

(b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

(7) If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

ARTICLE 146. Vacancy in the office of President.

(1) The office of President shall become vacant if the holder of the office—

(a) dies;

(b) resigns, in writing, addressed to the Speaker of the National

Assembly; or

(c) otherwise ceases to hold office under Article 144 or 145 or

under  any other provision of this Constitution.

(2) When a vacancy occurs in the office of President—

(a) the Deputy President shall assume office as President for

the remainder of the term of the President; or

(b) if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President shall be held within sixty days after the vacancy arose in the office of President.

(3) A person who assumes the office of President under clause (2) (a), or following an election required by clause (2) (b), shall, unless otherwise removed from office under this Constitution, hold office

until a newly elected President is sworn in following the next regularly scheduled election under Article 136 (2) (a).

(4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)—

(a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) (a); or

(b) not to have served a term of office as President, in any

other case.

ARTICLE 147. Functions of the Deputy President

(1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.

(2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.

(3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.

(4) The Deputy President shall not hold any other State or public

office.

ARTICLE 148. Election and swearing in of Deputy President

(1) Each candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.

(2) For the purposes of clause (1), there shall be no separate nomination process for the Deputy President and Article 137 (1) (d) shall not apply to a candidate for Deputy President.

(3) The Independent Electoral and Boundaries Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.

(4) The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.

(5) The Deputy President-elect assumes office by taking and

subscribing—

(a) the oath or affirmation of allegiance; and

(b) the oath or affirmation for the execution of the functions of office,

as prescribed in the Third Schedule.

(6)The term of office of the Deputy President shall run from the

date of the swearing in of the Deputy President, and shall end—

(a) when the person next elected President at an election under

Article 136 (2) (a)  is sworn in;

(b) on the Deputy President assuming the office of President;

or

(c) on resignation, death or removal from office of the Deputy

President.

(7) The Deputy President may resign from office at any time by notice, in writing, addressed to the President and the resignation shall take effect on the date and at the time specified in the notice, if any, or if a date is not specified, at noon on the day after the notice is delivered.

(8) A person shall not hold office as Deputy President for more

than two terms.

.

ARTICLE 149. Vacancy in the office of Deputy President

(1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.

(2) If a person assumes office as Deputy President under clause (1), then, for the purposes of Article 148 (8), the person shall be deemed—

(a) to have served a full term as Deputy President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) (a); or

(b) not to have served a term of office as Deputy President, in

any other case.

ARTICLE 150. Removal of Deputy President.

 (1) The Deputy President may be removed from office—

(a) on the ground of physical or mental incapacity to perform

the  functions of the office; or

(b) on impeachment—

(i) on the ground of a gross violation of a provision of this

Constitution or any other law;

(ii) where there are serious reasons to believe that the Deputy President has committed a crime under national or inter- national law; or

(iii) for gross misconduct.

(2) The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications, to the removal of the Deputy President.

  1. (1) The remuneration and benefits payable to the President

and the Deputy President shall be a charge on the Consolidated Fund.

(2) The remuneration, benefits and privileges of the President and Deputy President shall not be varied to their disadvantage while in office.

(3) The retirement benefits payable to a former President and a former Deputy President, the facilities available to and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime.

Part 3 – the caBinet

ARTICLE 152. Cabinet

 (1) The Cabinet consists of— (a) the President;

(b) the Deputy President;

(c) the Attorney-General; and

(d) not fewer than fourteen and not more than twenty-two

Cabinet Secretaries.

(2) The President shall nominate and, with the approval of the

National Assembly, appoint Cabinet Secretaries.

(3) A Cabinet Secretary shall not be a Member of Parliament. (4) Each person appointed as a Cabinet Secretary—

(a) assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya and obedience to this Constitution, before the President  and in accordance with the Third Schedule; and

(b) may resign by delivering a written statement of resignation to the President.

(5) The President––

(a) may re-assign a Cabinet Secretary;

(b) may dismiss a Cabinet Secretary; and

(c) shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10).

(6)A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary—

(a) on the ground of a gross violation of a provision of this

Constitution or of any other law;

(b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or

(c) for gross misconduct.

(7) If a motion under clause (6) is supported by at least one-third of the members of the National Assembly—

(a) the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and

(b) the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.

(8) The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.

(9) If the select committee reports that it  finds the allegations

(a) unsubstantiated, no further proceedings shall be taken; or

(b) substantiated, the National Assembly shall––

(i) afford the Cabinet Secretary an opportunity to be heard;

and

(ii) vote whether to approve the resolution requiring the

Cabinet Secretary to be dismissed.

(10) If a resolution under clause (9) (b) (ii) requiring the President to dismiss a Cabinet Secretary is supported by a majority of the members of the National Assembly––

(a) the Speaker shall promptly deliver the resolution to the

President; and

(b) the  President shall dismiss the Cabinet Secretary.

ARTICLE 153. Decisions, responsibility and accountability of the Cabinet.

 (1) A decision by the Cabinet shall be in writing.

(2) Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.

(3) A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible.

(4) Cabinet Secretaries shall––

(a) act in accordance with this Constitution; and

(b) provide Parliament with full and regular reports concerning matters under their control.

 

ARTICLE 154. Secretary to the Cabinet

(1) There is established the office of Secretary to the Cabinet, which is an office in the public service.

(2) The Secretary to the Cabinet shall—

(a) be nominated and, with the approval of the National

Assembly, appointed by the President; and

(b) may be dismissed by the President.

(3) The Secretary to the Cabinet shall— (a) have charge of the Cabinet office;

(b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes, of the Cabinet;

(c) convey the decisions of the Cabinet to the appropriate persons or authorities; and

(d) have other functions as directed by the Cabinet.

(4) The Secretary to the Cabinet may resign from office by giving

notice, in writing, to the President.

ARTICLE 155. Principal Secretaries

(1) There is established the office of Principal Secretary, which is an office in the public service.

(2) Each State department shall be under the administration of a

Principal Secretary.

(3) The President shall—

(a) nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission; and

(b) with the approval of the National Assembly, appoint

Principal Secretaries.

(4) The President may re-assign a Principal Secretary.

(5) A Principal Secretary may resign from office by giving notice,

in writing, to the President.

Part 4—other offices

ARTICLE 156. Attorney-General.

 (1) There is established the office of Attorney-General.

(2) The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President.

(3) The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice.

(4) The Attorney-General—

(a) is the principal legal adviser to the Government;

(b) shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and

(c) shall perform any other functions conferred on the office by

an Act of Parliament or by the President.

(5) The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party.

(6)The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest.

(7) The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions.

ARTICLE 157. Director of Public Prosecutions.

 (1) There is established the office of Director of Public

Prosecutions.

(2) The Director of Public Prosecutions shall be nominated and, with the approval of the National Assembly, appointed by the President.

(3) The qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court.

(4) The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation

of criminal conduct and the Inspector-General shall comply with any such direction.

(5) The Director of Public Prosecutions shall hold office for a term

of eight years and shall not be eligible for re-appointment.

(6) The Director of Public Prosecutions shall exercise State powers of prosecution and may—

(a) institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed;

(b) take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority; and

(c) subject to clause (7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions under paragraph (b).

(7) If the discontinuance of any proceedings under clause (6) (c) takes place after the close of the prosecution’s case, the defendant shall be acquitted.

(8)The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court.

(9) The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions.

(10) The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.

(11) In exercising the powers conferred by this Article, the Director of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.

(12) Parliament may enact legislation conferring powers of prosecution on authorities other than the Director of Public Prosecutions.

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 their 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.

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