ADVOKS GLOBAL · KENYA
Parliamentary Service Act
10. Removal from office
Edition: 2022-12-31 · In force
10. Removal from office
(1)A Member of Parliament, supported by at least one-quarter of all the Members of the respective House, may propose a motion for the removal of a member of the Commission only for —(a)serious violation of the Constitution or of any other law including a contravention of Chapter Six;(b)gross misconduct, whether in the performance of the member's functions or otherwise;(c)physical or mental incapacity to perform the functions of office;(2)If a motion presented under subsection (1) is supported by at least one-third of the Members of the respective House—(a)the respective House shall appoint a select committee comprising of eleven of its Members to investigate the matter;(b)the select committee shall within ten days report to the respective House whether it finds the allegations against the member of the Commission to be substantiated.(3)Where the select committee finds that—(a)the allegations against the member of the Commission have not been substantiated, there shall be no further proceedings on the matter;(b)the allegations against the Member of the Commission have been substantiated and the motion is supported by a majority of all the members of the respective House —(i)the Speaker of that House shall inform the Speaker of the other House of the resolution within seven days; and(ii)the member of the Commission shall continue to perform the functions of the office pending the outcome of the proceedings under this section.(4)The procedure prescribed in subsections (1), (2) and (3) shall apply with the necessary modifications to the consideration of the Motion for removal of a member of the Commission by the other House.(5)If both Houses pass the motion in the same form, the member of the Commission shall stand removed.