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Constitution of Kenya, 2010
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 facts 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.
General functions
and powers.
252. (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 conciliation, mediation and
negotiation;
(c) shall recruit its own staff; and
(d) may perform any functions and exercise any powers
prescribed by legislation, in addition to the functions and
powers conferred by this Constitution.
(2) A complaint to a commission or the holder of an independent
office may be made by any person entitled to institute court proceedings
under Article 22 (1) and (2).