any person so appointed shall, subject to the provisions of subsection (10) and subsections (12) to (15) inclusive,
continue to act until a person has been appointed to and has assumed the functions of the office of Director of Public
Prosecutions or until the person holding the office has resumed those functions.
(12) The Director of Public Prosecutions may be removed from office only for inability to discharge the functions of
his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.
(13) If the Judicial and Legal Service Commission represents to the President that the question of removing the
Director of Public Prosecutions from office under subsection (12) ought to be investigated then—
a.

b.

the President, acting in consultation with the Judicial and Legal Service Commission, shall appoint a
tribunal which shall consist of a Chairman and two other members, all of whom shall be persons who hold,
have held, or are qualified to hold office as a Justice of the Supreme Court; and
the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon to the
President and recommend to the President whether the Director of Public Prosecutions ought to be removed
from office under subsection (15).

(14) Where the question of removing the Director of Public Prosecutions from office has been referred to a tribunal
under subsection (10), the President may suspend the Director of Public Prosecutions from performing the functions
of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to
have effect if the tribunal recommends to the President that the Director of Public Prosecutions shall not be removed
from office.
(15) The Director of Public Prosecutions shall be removed from office by the President if the question of his removal
from office has been referred to a tribunal appointed under subsection (13) and the tribunal has recommended to the
President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
Secretary to the
President.

67. (1) There shall be a Secretary to the President who shall be appointed by the President at his sole discretion.
(2) The functions of the Secretary to the President shall include—
a.
b.
c.

acting as the principal adviser to the President on Public Service matters;
the administration and management of the Office of the President, of which he shall also be Vote Controller;
the performance of all other functions assigned to him from time to time by the President.

(3) The office of Secretary to the President and the offices of members of his staff shall be public offices.
(4) Before assuming the functions of his office, the Secretary to the President shall take and subscribe to the oath as
set out in the Third Schedule to this Constitution.
Secretary to the Cabinet.

68. (1) There shall be a Secretary to the Cabinet who shall be the Head of the Civil Service and whose office shall be
a public office.
(2) The Secretary to the Cabinet shall be appointed by the President in consultation with the Public Service
Commission.
(3) The functions of the Secretary to the Cabinet shall include—
a.
b.

having charge of the Cabinet Secretariat;
responsibility for arranging the business for, and keeping the minutes of, the Cabinet, and for conveying the
decisions of the Cabinet to the appropriate person or authority, in accordance with such instructions as may

36

Select target paragraph3