No. 2 of 1998
(e)
(f)
(g)
(h)
Kenya Information and Communications
[Rev. 2018]
suffers from physical or mental infirmity that would render him or her
incapable of discharging the functions of the Board;
has been convicted of a felony and sentenced to a term of
imprisonment;
has been convicted of an offence under this Act; or
has been compelled to resign or been removed from office, on account
of abuse of office.
[Act No. 41A of 2013, s. 7.]
6B. Deleted by Act No. 18 of 2018, Sch.
6C. Term of office
The chairperson and members of the Board shall hold office for a period of three
years renewable once.
[Act No. 41A of 2013, s. 7.]
6D. Vacation from office
(1) The office of the chairperson or member shall become vacant if the holder—
(a) resign from office by notice in writing to the Cabinet Secretary;
(b) dies;
(c) is removed from office for—
(i) gross misconduct, whether in the performance of the
chairperson or member's functions or otherwise; or
(ii) is absent from three consecutive meetings of the Authority
without permission of the Board, except for good cause shown.
(2) A person desiring the removal of a member of the Board of the Authority on
the grounds specified in subsection (1)(c) may present a complaint under oath to
the Cabinet Secretary, setting out the alleged facts constituting that ground.
(3) The Cabinet Secretary shall consider the complaint and, if satisfied that
it discloses a ground under subsection (1)(c), shall send the complaint to the
President.
(4) On considering a complaint under subsection (1), or on receiving a
complaint under subsection (3), the President—
(a) may suspend the chairperson or member pending the outcome of the
complaint; and
(b) shall appoint a tribunal in accordance with subsection (5).
(5) The tribunal appointed under subsection (4)(b) shall consist of—
(a) a person who holds or has held office as a Judge of a superior court,
who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as Judges of
the High Court; and
(c) one other member who is qualified 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 recommendation to the President, who shall act in accordance with
the recommendation within thirty days.
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