Constitution of Kenya, 2010 102 office as a judge of the Supreme Court. (4) If, on the expiry of the term of office of a Chief Justice, the Chief Justice opts to remain on the Supreme Court under clause (3), the next person appointed as Chief Justice may be selected in accordance with Article 166 (1), even though that appointment may result in there being more than the maximum permitted number of Supreme Court judges holding office. (5) The Chief Justice and any other judge may resign from office by giving notice, in writing, to the President. Removal from office. 168. (1) A judge of a superior court 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) a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; (c) bankruptcy; (d) incompetence; or (e) gross misconduct or misbehaviour. (2) The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission. (3) A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judges removal. (4) The Judicial Service Commission shall consider the petition and, if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President. (5) The President shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the Judicial Service Commission— (a) in the case of the Chief Justice, appoint a tribunal consisting of— (i) the Speaker of the National Assembly, as chairperson;