|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|Appointment, etc., of members of Kenya Police Force.||Controller and Auditor-General.|
|Attorney-General. 14 of 1986, s. 4, 17 of 1990, s. 6.
Cap. 16 (1986).
|109. (1) The Attorney-General shall be appointed by the President.
(2) If the office of Attorney-General is vacant or if the Attorney-General is for any reason unable to exercise the functions of his office, the President may appoint a person to act as Attorney-General, and a person so appointed shall, subject to subsections (4), (6) and (8), continue to act until a person has been appointed to the office of Attorney-General and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions.
(3) A person shall not be qualified to be appointed to hold or to act in the office of Attorney-General unless he holds and has held for a total period of not less than five years one or other of the qualifications specified in paragraphs (a), (b), (c) and (d) of section 12 (1) of the Advocates Act as in force on 12th December, 1963.
(4) Subject to subsection (6), the Attorney-General shall vacate his office when he attains such age as may be prescribed by Parliament.
(5) The Attorney-General may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be removed except in accordance with this section.
(6) The Attorney-General shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the President that he ought to be removed for inability as aforesaid or for misbehaviour.
(7) If the President considers that the question of removing the Attorney-General under this section ought to be investigated, then -
(a) the President shall appoint a tribunal which shall consist of a chairman and four other members selected by the President from among persons -
(i) who hold or have held office as judge of the High Court or judge of appeal; or
(ii) who are qualified to be appointed as judges of the High Court under section 61 (13); or
(iii) upon whom the rank of Senior Counsel has been conferred by the President under section 17 of the Advocates Act; and
(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and recommend to him whether the Attorney-General ought to be removed under this section.
(8) If the question of removing the Attorney-General has been referred to a tribunal under this section, the President may suspend the Attorney-General from the exercise of the functions of his office and any such suspension may at any time be revoked by 'the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Attorney-General should not be removed.