NO. 28 OF 2012 National Intelligence Service [Rev. 2012] (1) A member of the Service who fails to comply with an order requiring him to use unlawful force or a firearm contrary to this Act does not commit a disciplinary offence and shall not be penalised for such refusal. (2) A member of the Service who issues an order for the use of force or a firearm contrary to the provisions of this Act commits a disciplinary offence. SECOND SCHEDULE [Section 10(3).] TRIBUNAL ON THE REMOVAL FROM OFFICE OF THE DIRECTOR-GENERAL 1. A person desiring the removal of the Director- General may present a petition to the Public Service Commission in writing, setting out the alleged facts constituting the grounds for the removal of the Director-General. 2. The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground for removal under section 10, it shall send the petition to the President. 3. On receipt and examination of the petition, the President shall, within fourteen days, suspend the Director-General from office pending action by the President in accordance with paragraph 4 and shall, acting in accordance with the advice of the Public Service Commission, appoint a tribunal consisting of— (a) two members appointed 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 person who is an advocate of the High Court of Kenya of not less than fifteen years standing; (c) one person who has served with distinction in a national security organ; and (d) one person with experience in public affairs. 4. 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. 5. A Director-General who is suspended from office under paragraph 3 shall be entitled to half of his or her remuneration pending his removal from, or reinstatement in, office. 6. A tribunal appointed under paragraph 3 shall elect a chairperson from among its members. 7. A tribunal appointed under paragraph 3 shall regulate its own proceedings. 8. Any person dissatisfied with the findings of the Public Service Commission may appeal to the High Court. [Issue 1] 40