ADVOKS GLOBAL · KENYA
Public Service Commission (Removal of the Director of Public Prosecutions) Regulations
10. Processing the Petition
Edition: 2022-12-31 · In force
10. Processing the Petition
(1)The Commission shall, within fourteen days of receipt of the petition, consider it in the first instance and shall either—(a)disallow it summarily for lacking in merit or for failing to disclose any valid ground for removal of the Director;(b)require the petitioner to provide further particulars; or(c)require the Director to respond to the allegations.(2)Where the Commission requires the Director to respond to the allegations, the Commission shall forward to the Director, a copy of the petition together with a copy of the affidavit and all other supporting documents.(3)The Director shall, within fourteen days of the date of the Commission's letter, respond to the petition in writing.(4)The Committee shall, within fourteen days of receipt of the response by the Director, convene a preliminary meeting to determine whether the Commission shall—(a)call for additional documents or information;(b)undertake further investigations;(c)hear the petitioner and the Director in person; and(d)if the Commission decides to hold a hearing, set the hearing date and venue:Provided that the Committee shall have the power to summarily determine the petition at the preliminary meeting.(5)Within seven days of the preliminary meeting, the Commission may—(a)call for additional documents from the parties;(b)facilitate investigations into the allegations made in the petition; or(c)issue a hearing notice as determined by the Committee.(6)The Committee shall convene a hearing of the petition or a meeting to consider the petition within twenty-one days from the date of the preliminary meeting.