ADVOKS GLOBAL · KENYA
Independent Policing Oversight Authority Act
14. Removal of a member of the Board.
Edition: 2022-12-31 · In force
14. Removal of a member of the Board.
(1)The chairperson or a member of the Board may be removed from office only for—(a)serious violation of the Constitution or any other law;(b)gross misconduct, whether in the performance of their functions or otherwise;(c)physical or mental incapacity to perform the functions of office;(2)A person desiring the removal of the chairperson or a member on any ground specified in subsection (1) may present a petition to the Public Service Commission setting out the alleged facts constituting that ground.(3)The Public Service Commission shall consider the petition and, if at least two-thirds of the members present and voting agree that it discloses a ground for removal under subsection (1), the Commission shall recommend the removal from office of the chairperson or member, as the case may be, to the National Assembly.(4)The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground for removal under subsection (1), shall forward the petition to the President.(5)On receiving a petition under subsection (3), the President—(a)shall appoint a tribunal in accordance with subsection (6) to hear and determine the petition; and(b)may suspend the chairperson or member as the case may be, pending the outcome of the petition.(6)The tribunal referred to in subsection (5) shall consist of—(a)a person who holds or has held office as a judge of a superior court, who shall be the chairperson;(b)at least two persons who are qualified to be appointed as judges of the High Court; and(c)one other member who is qualified to assess the facts in respect of the particular ground for removal.(7)The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within seven days.(8)A person suspended under this section shall be entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.