Constitution of Kenya (Repealed) - Kenya Law Reports

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92 Constitution of Kenya[Rev. 2009recommended to the President that he ought to be removed for inabilityas aforesaid or for misbehaviour.(7) If the President considers that the question of removing theAttorney-General under this section ought to be investigated, then -(a) the President shall appoint a tribunal which shall consist ofa chairman and four other members selected by the Presidentfrom among persons -(i) who hold or have held office as judge of the High Courtor judge of appeal; or(ii) who are qualified to be appointed as judges of the HighCourt under section 61 (13); orCap. 16.(iii) upon whom the rank of Senior Counsel has beenconferred by the President under section 17 of theAdvocates Act; and(b) the tribunal shall inquire into the matter and report onthe facts thereof to the President and recommend to himwhether the Attorney-General ought to be removed underthis section.(8) If the question of removing the Attorney-General has beenreferred to a tribunal under this section, the President may suspend theAttorney-General from the exercise of the functions of his office andany such suspension may at any time be revoked by the President, andshall in any case cease to have effect if the tribunal recommends to thePresident that the Attorney-General should not be removed.Controller andAuditor-General.14 of 1986, s. 5,17 of 1990, s. 6.110. (1) The Controller and Auditor-General shall be appointedby the President.(2) If the office of Controller and Auditor-General is vacant or ifthe Controller and Auditor-General is for any reason unable to exercisethe functions of his office, the President may appoint a person to actas Controller and Auditor-General, and a person so appointed shall,subject to subsections (3), (5) and (7) continue to act until a person hasbeen appointed to the office of Controller and Auditor-General and hasassumed the functions of that office or, as the case may be, until theperson in whose place he is acting has resumed those functions.(3) Subject to subsection (5), the Controller and Auditor-Generalshall vacate his office when he attains such age as may be prescribedby Parliament.
Rev. 2009]Constitution of Kenya 93(4) A person holding the office of Controller and Auditor-Generalmay be removed from office only for inability to discharge the functionsof his office (whether arising from infirmity of body or mind or anyother cause) or for misbehaviour, and shall not be so removed exceptin accordance with this section.(5) The Controller and Auditor-General shall be removed fromoffice by the President if the question of his removal from office has beenreferred to a tribunal appointed under subsection (6) and the tribunal hasrecommended to the President that he ought to be removed for inabilityas aforesaid or for misbehaviour.(6) If the President considers that the question of removingthe Controller and Auditor-General under this section ought to beinvestigated, then -(a) the President shall appoint a tribunal which shall consist ofa chairman and four other members selected by the Presidentfrom among persons -(i) who hold or have held office as judges of the High Courtor judges of appeal; or(ii) who are qualified to be appointed as judges of the HighCourt under section 61 (3); or(iii) upon whom the rank of Senior Counsel has beenconferred by the President under section 17 of theAdvocates Act; andCap. 16.(b) the tribunal shall inquire into the matter and report on thefacts thereof to the President and recommend to him whetherthe Controller and Auditor-General ought to be removedunder this section.(7) If the question of removing the Controller and Auditor-Generalhas been referred to a tribunal under this section, the President maysuspend the Controller and Auditor-General from the exercise of thefunctions of his office and any such suspension may at any time berevoked by the President, and shall in any case cease to have effectif the tribunal recommends to the President that the Controller andAuditor-General should not be removed.111. (1) The power to appoint a person to hold or act in the office ofPermanent Secretary, Secretary to the Cabinet or Director of Personnelshall vest in the President.Appointmentof PermanentSecretaries,Ambassadors, etc.
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Constitution of Kenya (Repealed) - Kenya Law Reports

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