Constitution of Kenya, 2010
(d) incompetence; or
(e) gross misconduct or misbehaviour.
(2) The removal of a judge may be initiated only by the Judicial
Service Commission acting on its own motion, or on the petition of any
person to the Judicial Service Commission.
(3) A petition by a person to the Judicial Service Commission
under clause (2) shall be in writing, setting out the alleged facts
constituting the grounds for the judges removal.
(4) The Judicial Service Commission shall consider the petition
and, if it is satisfied that the petition discloses a ground for removal
under clause (1), send the petition to the President.
(5) The President shall, within fourteen days after receiving the
petition, suspend the judge from office and, acting in accordance with
the recommendation of the Judicial Service Commission—
(a) in the case of the Chief Justice, appoint a tribunal consisting
of—
(i) the Speaker of the National Assembly, as chairperson;
(ii) three superior court judges from common-law jurisdictions;
(iii) one advocate of fifteen years standing; and
(iv) two other persons with experience in public affairs; or
(b) in the case of a judge other than the Chief Justice, appoint
a tribunal consisting of—
(i) a chairperson and three other members from among
persons who hold or have held office as a judge of a
superior court, or who are qualified to be appointed as
such but who, in either case, have not been members of
the Judicial Service Commission at any time within the
immediately preceding three years;
(ii) one advocate of fifteen years standing; and
(iii) two other persons with experience in public affairs.
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