Constitution of Kenya, 2010
94
(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
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