Data Protection Act

12. Removal of the Data Commissioner

Edition: 2022-12-31 · In force

12. Removal of the Data Commissioner

(1)A person desiring the removal of Data Commissioner on any ground specified under section 11(d) may present a complaint to the Public Service Commission setting out the alleged facts constituting that ground.

(2)Subject to Article 47 of the Constitution, the Public Service Commission shall consider the complaint and, if satisfied that the complaint discloses a ground under section 11(d), shall—

(a)investigate the matter expeditiously;

(b)report on the facts; and

(c)make a recommendation to the Cabinet Secretary.

(3)Prior to any action under subsection (2), the Data Commissioner shall be—

(a)informed, in writing, of the reasons for the intended removal; and

(b)offered an opportunity to put in a defence against any such allegations.

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Source: Kenya Law