Verbatim text
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
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
What this means
- The index files this text under article 158 of the Constitution of Kenya.
- The passage runs to about 330 words.
- Read plainly, it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “remuneration”).
The row’s stored title is a body fragment, not a heading (“(1) The Director of Public Prosecutions may be removed”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of Kenya, article 158, Portable Lawyer, https://www.portablelawyer.app/provision/87c6bfe3-5391-4d8f-b0b2-30b4eef16be3 (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/87c6bfe3-5391-4d8f-b0b2-30b4eef16be3
Accessed 25 October 2026.
Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.
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