Article 251 of The Constitution of Kenya: Removal from office.
(1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for—
(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankruptcy.
(2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.
(3) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.
(4) On receiving a petition under clause (3), the President—
(a) may suspend the member or office holder pending the outcome of the complaint; and
(b) shall appoint a tribunal in accordance with clause (5).
(5) The tribunal 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 High Court judges; and
(c) one other member who is qualified to assess the facts in respect of the particular ground for removal.
(6) The tribunal shall investigate the matter expeditiously, report on the fact and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
(7) A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.
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- Article 252 - General functions and powers.
1) Each commission, and each holder of an independent office—
(a) may conduct investigations on its own initiative or on a complaint made by a member of the public;
(b) has the powers necessary for...
- Article 253 - Incorporation of commissions and independent offices.
Each commission and each independent office—
(a) is a body corporate with perpetual succession and a seal; and (b) is capable of suing and being sued in its corporate name.
- Article 254 - Reporting by commissions and independent offices.
1) As soon as practicable after the end of each financial year, eachcommission, and each holder of an independent office, shall submit a report to the President and to Parliament.
(2) At any time,...
- Article 255 - Amendment of this Constitution.
(1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of...
- Article 256 - Amendment by parliamentary initiative.
(1) A Bill to amend this Constitution—
(a) may be introduced in either House of Parliament;
(b) may not address any other matter apart from consequential amendments to legislation arising from the...
- Article 257 - Amendment by popular initiative.
1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be...
- Article 258 - Enforcement of this Constitution.
1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
(2) In addition to a person acting in their...
- Article 259 - Construing this Constitution.
(1) This Constitution shall be interpreted in a manner that— (a) promotes its purposes, values and principles;
(b) advances the rule of law, and the human rights and fundamental freedoms in the...
- Article 260 - Interpretation.
In this Constitution, unless the context requires otherwise— "adult" means an individual who has attained the age of eighteen years;
"affirmative action" includes any measure designed to overcome or...
- Article 261 - Consequential legislation.
(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective...
- Article 262 - Transitional and consequential provisions.
The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the effective date.
- Article 263 - Effective Date.
This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the...
- Article 264 - Repeal of previous Constitution.
Subject to the Sixth Schedule, for the avoidance of doubt, the Constitution in force immediately before the effective date shall stand repealed on the effective date.