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"content": "34B.(1) The Registrar or an Assistant Registrar may be removed from office only on grounds of- (a) serious violation of the Constitution or of this Act; (b) non-compliance with Chapter Six of the Constitution; (c) inability to perform the functions of office arising from mental or physical incapacity; (d) bankruptcy (e) incompetence; or (f) gross misconduct (2) A person desiring the removal of the Registrar or an Assistant Registrar shall 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 Registrar or of the Assistant Registrar. (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) shall send the petition to the President. (4) On receipt and examination of the petition, the President shall- (a) suspend the Registrar or Assistant Registrar pending the outcome of the petition; and (b) appoint a Tribunal in accordance with sub-section (5). (5) The President shall appoint a Tribunal consisting of- (a) a chairperson who shall be nominated by the Judicial Service Commission and who shall be a person who is qualified to hold office as a judge of a superior court; (b) two other persons, a man and a woman, who shall be nominated by the Law Society of Kenya, and who shall be qualified to hold office as a judge of a superior court; (c) two persons, a man and a woman, who shall be nominated by the Association of Professional Societies in East Africa and who have knowledge and experience in public affairs and are competent to assess the facts in respect of the particular ground for removal. (6) The Tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President who shall act in accordance with the recommendation within thirty days. (7) A person who is suspended under this section shall continue, while on suspension, to receive one-half of the remuneration and benefits of the office. Our introduction of the new clause is to provide for the removal of the Registrar or the Assistant Registrar from office. It has all the nice normal things that include bankruptcy, incompetence and gross misconduct. However, of more relevance to us, so that we do not go the Miguna Miguna way, we have also provided that someone who has been suspended under this section shall continue, while on suspension, to receive one- half of his remuneration and benefits of that office."
}