Section 51 of Leadership and Integrity Act: Oversight over the Commissioners

    

(1) Where a violation of Chapter Six of the Constitution or this Act, which is nota violation as contemplated in Article 251 of the Constitution, is alleged against a member of the Commission, the President shall establish an independent review panel to inquire into the allegation.
(2) An allegation under subsection (1) shall be submitted to the Cabinet Secretary by way of petition setting out the alleged violation, who shall submit the petition to the President.
(3) The independent review panel established under subsection (1) shall comprise five State officers of good character and integrity drawn from any of the Commissions established under Chapter Fifteen of the Constitution.
(4) The independent review panel shall inquire into the alleged contravention or violation committed by a member of the Commission.
(5) If the inquiry discloses that a member of the Commission has violated Chapter Six of the Constitution, the independent review panel shall take the appropriate disciplinary action, or if it does not have the power to take the appropriate disciplinary action, refer the matter to a body or person who is vested with that power.
(6) Regulations made under section 54(f) shall apply to the disciplinary procedures under this section.
(7) A person who is dissatisfied with the decision of the independent review panel may apply for a review within fifteen days from the date of the decision.
(8) The independent review panel shall review its decision within fifteen days after the application for review.
(9) A person who is dissatisfied with the decision of the independent review panel under subsection (8) may appeal to the High Court and the Court shall make a decision within thirty days of the appeal.


Disclaimer: This document is not to be taken as legal advise.

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