ADVOKS GLOBAL · KENYA
Anti-Corruption and Economic Crimes Act
62. Suspension, if charged with corruption or economic crime
Edition: 2025-08-19 · In force
62. Suspension, if charged with corruption or economic crime
(1)A public officer or state officer who is charged with corruption or economic crime shall be suspended, at half pay, with effect from the date of the charge until the conclusion of the case:Provided that the case shall be determined within twenty-four months.(2)A suspended public officer who is on half pay shall continue to receive the full amount of any allowances.(3)The public officer ceases to be suspended if the proceedings against him are discontinued or if he is acquitted.(4)This section does not derogate from any power or requirement under any law under which the public officer may be suspended without pay or dismissed.(5)The following shall apply with respect to a charge in proceedings instituted otherwise than by or under the direction of the Director of Public Prosecutions—(a)this section does not apply to the charge unless permission is given by the court or the Director of Public Prosecutions to prosecute or the proceedings are taken over by the Director of Public Prosecutions; and(b)if permission is given or the proceedings are taken over, the date of the charge shall be deemed, for the purposes of this section, to be the date when the permission is given or the proceedings are taken over.(6)This section does not apply with respect to an office if the Constitution limits or provides for the grounds upon which a holder of the office may be removed or the circumstances in which the office must be vacated.(7)This section does not apply with respect to a charge laid before this Act came into operation.