Article 136 of the Constitution of Kenya

(b) on the Deputy President assuming the office of President; or Constitution of Kenya, 2010 (c) on resignation, death or removal from office of the Deputy President. (7) The Deputy President may resign from office at any time by notice, in writing, addressed to the President and the resignation shall take effect on the date and at the time specified in the notice, if any, or if a date is not specified, at noon on the day after the notice is delivered. (8) A person shall not hold office as Deputy President for more than two terms. Vacancy in the office of Deputy President. 149. (1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it. (2) If a person assumes office as Deputy President under clause (1), then, for the purposes of Article 148 (8), the person shall be deemed— (a) to have served a full term as Deputy President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) ( a); or (b) not to have served a term of office as Deputy President, in any other case. Removal of Deputy President. 150. (1) The Deputy President may be removed from office— (a) on the ground of physical or mental incapacity to perform the functions of the office; or (b) on impeachment— (i) on the ground of a gross violation of a provision of this Constitution or any other law; (ii) where there are serious reasons to believe that the Deputy President has committed a crime under national or international law; or (iii) for gross misconduct. (2) The provisions of Articles 144 and 145 relating to the removal of the President shall apply, with the necessary modifications, to the 87 Constitution of Kenya, 2010 removal of the Deputy President. Remuneration and benefits of President and Deputy President. 151. (1) The remuneration and benefits payable to the President and the Deputy President shall be a charge on the Consolidated Fund. (2) The remuneration, benefits and privileges of the President and Deputy President shall not be varied to their disadvantage while in office. (3) The retirement benefits payable to a former President and a former Deputy President, the facilities available to and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime. PART 3—THE CABINET Cabinet. 152. (1) The Cabinet consists of— (a) the President; (b) the Deputy President; (c) the Attorney-General; and (d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries. (2) The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries. (3) A Cabinet Secretary shall not be a Member of Parliament. (4) Each person appointed as a Cabinet Secretary— (a) assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya and obedience to this Constitution, before the President and in accordance with the Third Schedule; and (b) may resign by delivering a written statement of resignation to the President. (5) The President— (a) may re-assign a Cabinet Secretary; Constitution of Kenya, 2010 (b) may dismiss a Cabinet Secretary; and (c) shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10). (6) A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary— (a) on the ground of a gross violation of a provision of this Constitution or of any other law; (b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or (c) for gross misconduct. (7) If a motion under clause (6) is supported by at least one-third of the members of the National Assembly— (a) the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and (b) the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated. (8) The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations. (9) If the select committee reports that it finds the allegations (a) unsubstantiated, no further proceedings shall be taken; or (b) substantiated, the National Assembly shall— (i) afford the Cabinet Secretary an opportunity to be heard; and (ii) vote whether to approve the resolution requiring the Cabinet Secretary to be dismissed. (10) If a resolution under clause (9) ( b) (ii) requiring the President to dismiss a Cabinet Secretary is supported by a majority of the members of the National Assembly— (a) the Speaker shall promptly deliver the resolution to the President; and89 Constitution of Kenya, 2010 (b) the President shall dismiss the Cabinet Secretary. Decisions, responsibility and accountability of the Cabinet. 153. (1) A decision by the Cabinet shall be in writing. (2) Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions. (3) A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible. (4) Cabinet Secretaries shall— (a) act in accordance with this Constitution; and (b) provide Parliament with full and regular reports concerning matters under their control. Secretary to the Cabinet. 154. (1) There is established the office of Secretary to the Cabinet, which is an office in the public service. (2) The Secretary to the Cabinet shall— (a) be nominated and, with the approval of the National Assembly, appointed by the President; and (b) may be dismissed by the President. (3) The Secretary to the Cabinet shall— (a) have charge of the Cabinet office; (b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes, of the Cabinet; (c) convey the decisions of the Cabinet to the appropriate persons or authorities; and (d) have other functions as directed by the Cabinet. (4) The Secretary to the Cabinet may resign from office by giving notice, in writing, to the President. Constitution of Kenya, 2010 Principal Secretaries. 155. (1) There is established the office of Principal Secretary, which is an office in the public service. (2) Each State department shall be under the administration of a Principal Secretary. (3) The President shall— (a) nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission; and (b) with the approval of the National Assembly, appoint Principal Secretaries. (4) The President may re-assign a Principal Secretary. (5) A Principal Secretary may resign from office by giving notice, in writing, to the President. PART 4—OTHER OFFICES Attorney-General. 156. (1) There is established the office of Attorney-General. (2) The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. (3) The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice. (4) The Attorney-General— (a) is the principal legal adviser to the Government; (b) shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and (c) shall perform any other functions conferred on the office by an Act of Parliament or by the President. (5) The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party.91 Constitution of Kenya, 2010 (6) The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest. (7) The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions. Director of Public Prosecutions. 157. (1) There is established the office of Director of Public Prosecutions. (2) The Director of Public Prosecutions shall be nominated and, with the approval of the National Assembly, appointed by the President. (3) The qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court. (4) The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction. (5) The Director of Public Prosecutions shall hold office for a term of eight years and shall not be eligible for re-appointment. (6) The Director of Public Prosecutions shall exercise State powers of prosecution and may— (a) institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed; (b) take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority; and (c) subject to clause (7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions under paragraph ( b). (7) If the discontinuance of any proceedings under clause (6) ( c) takes place after the close of the prosecution’s case, the defendant shall be acquitted. Constitution of Kenya, 2010 (8) The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court. (9) The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions. (10) The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority. (11) In exercising the powers conferred by this Article, the Director of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process. (12) Parliament may enact legislation conferring powers of prosecution on authorities other than the Director of Public Prosecutions. Removal and resignation of Director of Public Prosecutions. 158. (1) The Director of Public Prosecutions may be removed from office only on the grounds of— (a) inability to perform the functions of office arising from mental or physical incapacity; (b) non-compliance with Chapter Six; (c) bankruptcy; (d) incompetence; or (e) gross misconduct or misbehaviour. (2) A person desiring the removal of the Director of Public Prosecutions may present a petition to the Public Service Commission which, shall be in writing, setting out the alleged facts constituting the grounds for the removal of the Director. (3) The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under clause (1), it shall send the petition to the President. (4) On receipt and examination of the petition, the President shall, within fourteen days, suspend the Director of Public Prosecutions from office pending action by the President in 93 Constitution of Kenya, 2010 accordance with clause (5) and shall, acting in accordance with the advice of the Public Service Commission, appoint a tribunal consisting of— (a) four 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; (b) one advocate of at least fifteen years’ standing nominated by the statutory body responsible for the professional regulation of advocates; and (c) two other persons with experience in public affairs. (5) The tribunal shall inquire into the matter expeditiously and report on the facts and make recommendations to the President, who shall act in accordance with the recommendations of the tribunal. (6) A Director of Public Prosecutions who is suspended from office under clause (4) shall be entitled to half of their remuneration until removed from, or reinstated in, office. (7) A tribunal appointed under clause (4) shall elect a chairperson from among its members. (8) A tribunal appointed under clause (4) shall be responsible for the regulation of its proceedings. (9) The Director of Public Prosecutions may resign from office by giving notice, in writing, to the President. CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM Judicial authority. 159. (1) Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution. (2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles— (a) justice shall be done to all, irrespective of status; (b) justice shall not be delayed; (c) alternative forms of dispute resolution including reconciliation, Constitution of Kenya, 2010 mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3); (d) justice shall be administered without undue regard to procedural technicalities; and (e) the purpose and principles of this Constitution shall be protected and promoted. (3) Traditional dispute resolution mechanisms shall not be used in a way that— (a) contravenes the Bill of Rights; (b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or (c) is inconsistent with this Constitution or any written law . Independence of the Judiciary. 160. (1) In the exercise of judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority. (2) The office of a judge of a superior court shall not be abolished while there is a substantive holder of the office. (3) The remuneration and benefits payable to or in respect of judges shall be a charge on the Consolidated Fund. (4) Subject to Article 168(6), the remuneration and benefits payable to, or in respect of, a judge shall not be varied to the disadvantage of that judge, and the retirement benefits of a retired judge shall not be varied to the disadvantage of the retired judge during the lifetime of that retired judge. (5) A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function. Judicial offices and officers. 161. (1) The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff. (2) There is established the office of— (a) Chief Justice, who shall be the Head of the Judiciary;95 Constitution of Kenya, 2010 (b) Deputy Chief Justice, who shall be the Deputy Head of the Judiciary; and (c) Chief Registrar of the Judiciary, who shall be the chief administrator and accounting officer of the Judiciary. (3) The Judicial Service Commission may establish other offices of registrar as may be necessary. System of courts. 162. (1) The superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts referred to in clause (2). (2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to— (a) employment and labour relations; and (b) the environment and the use and occupation of, and title to, land. (3) Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2). (4) The subordinate courts are the courts established under Article 169, or by Parliament in accordance with that Article. PART 2—SUPERIOR COURTS Supreme Court. 163. (1) There is established the Supreme Court, which shall consists of— (a) the Chief Justice, who shall be the president of the court; (b) the Deputy Chief Justice, who shall— (i) deputise for the Chief Justice; and (ii) be the vice-president of the court; and (c) five other judges. (2) The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges. (3) The Supreme Court shall have— (a) exclusive original jurisdiction to hear and determine disputes Constitution of Kenya, 2010 relating to the elections to the office of President arising under Article 140; and (b) subject to clause (4) and (5), appellate jurisdiction to hear and determine appeals from— (i)the Court of Appeal; and (ii)any other court or tribunal as prescribed by national legislation. (4) Appeals shall lie from the Court of Appeal to the Supreme Court— (a) as of right in any case involving the interpretation or application of this Constitution; and (b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5). (5) A certification by the Court of Appeal under clause (4) ( b) may be reviewed by the Supreme Court, and either affirmed, varied or overturned. (6) The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government. (7) All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court. (8) The Supreme Court shall make rules for the exercise of its jurisdiction. (9) An Act of Parliament may make further provision for the operation of the Supreme Court. Court of Appeal. 164. (1) There is established the Court of Appeal, which— (a) shall consist of the number of judges, being not fewer than twelve, as may be prescribed by an Act of Parliament; and (b) shall be organised and administered in the manner prescribed by an Act of Parliament. (2) There shall be a president of the Court of Appeal who shall be elected by the judges of the Court of Appeal from among themselves.97 Constitution of Kenya, 2010 (3) The Court of Appeal has jurisdiction to hear appeals from— (a) the High Court; and (b) any other court or tribunal as prescribed by an Act of Parliament. High Court. 165. (1) There is established the High Court, which— (a) shall consist of the number of judges prescribed by an Act of Parliament; and (b) shall be organised and administered in the manner prescribed by an Act of Parliament. (2) There shall be a Principal Judge of the High Court, who shall be elected by the judges of the High Court from among themselves. (3) Subject to clause (5), the High Court shall have— (a) unlimited original jurisdiction in criminal and civil matters; (b) jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened; (c) jurisdiction to hear an appeal from a decision of a tribunal appointed under this Constitution to consider the removal of a person from office, other than a tribunal appointed under Article 144; (d) jurisdiction to hear any question respecting the interpretation of this Constitution including the determination of— (i) the question whether any law is inconsistent with or in contravention of this Constitution; (ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or in contravention of, this Constitution; (iii) any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government; and (iv) a question relating to conflict of laws under Article 191; and Constitution of Kenya, 2010 (e) any other jurisdiction, original or appellate, conferred on it by legislation. (4) Any matter certified by the court as raising a substantial question of law under clause (3) ( b) or (d) shall be heard by an uneven number of judges, being not less than three, assigned by the Chief Justice. (5) The High Court shall not have jurisdiction in respect of matters— (a) reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or (b) falling within the jurisdiction of the courts contemplated in