removal on the ground of incompetence in the performance of the duties of his or her office or
misbehaviour has been—
(a)
debated in the National Assembly;
(b)
passed by a majority of the votes of all the members of the Assembly; and
(c)
submitted to the President as a petition for the removal of the judge concerned:
Provided that the procedure for the removal of a judge shall be in accordance with the
principles of natural justice.
11 of 2010(4) Where notice of intention to introduce before the National Assembly a motion
praying for the removal of a Judge from his or her office has been lodged in the office of the Speaker,
the President may, where after consultation with the Judicial Service Commission he or she is satisfied
that it is in the public interest so to do, suspend the Judge from performing the duties of his or her
office.
(5) The suspension of a Judge under subsection (4) may at any time be revoked by the President,
after consultation with the Judicial Service Commission, and shall in any case cease to have effect where
the motion is withdrawn before being debated in the National Assembly or, upon being debated, is not
passed by a majority thereof.
11 of 2010(6) The prescribed age for purposes of subsection (1) shall be the age of sixty-five
years or such other age as may be prescribed by Parliament:
Provided that a law made by Parliament, to the extent that it alters the age at which a Judge
shall vacate his or her office, shall not have effect in relation to a Judge after his or her appointment
unless he or she consents to its having effect.
11 of 2010(7) Where the President considers it desirable in the public interest so to do, he or
she may, with the consent of the person concerned, assign a person holding the office of Judge to any
other office in the public service for such period as the President may determine during which that
person may cease to perform the duties of his or her office as Judge; but so, however, that—
(a)
such assignment shall notbe regarded as removal of that person under subsection (2)
from his or her office as Judge;
(b)
the resumption by that person of the duties of his or her office as Judge shall not
require formal re-appointment;
(c)
the retirement age of that person shall be that prescribed for Judges under subsection
(1).
CHAPTER X
THE OMBUDSMAN