National Prosecuting Authority Act, 2014 [Chapter 7:20]
No. 5/ 2014
ACT
AN ACT to establish the National Prosecuting Authority Board and to provide
for its functions; to provide for the appointment the National Director of
Public Prosecutions; to provide for the administration of the National
Prosecuting Authority and the conditions of service of its members; to
provide for the transfer of persons from the Civil Service to the National
Prosecuting Authority; and to provide for matters connected with or
incidental to the foregoing.
WHEREAS sections 258, 259, 260, 261, 262 and 263 of the Constitution provide as follows:
“258 Establishment and functions of National Prosecuting Authority
There is a National Prosecuting Authority which is responsible for instituting and
undertaking criminal prosecutions on behalf of the State and discharging any functions
that are necessary or incidental to such prosecutions.
259 Prosecutor-General and other officers
(1) There is a Prosecutor-General who is the head of the National Prosecuting
Authority.
(2) The office of the Prosecutor-General is a public office but does not form
part of the Civil Service.
(3) The Prosecutor-General is appointed by the President on the advice of the
Judicial Service Commission following the procedure for the appointment of a judge.
(4) The Prosecutor-General must be a person qualified for appointment as a
judge of the Supreme Court.
(5) The term of office of the Prosecutor-General is a period of six years and is
renewable for one further such term.
(6) Before taking office, the Prosecutor-General must take, before the President
or a person authorised by the President, the oath of office in the form set out in the
Third Schedule.
(7) The provisions relating to the removal of a judge from office apply to the
removal of the Prosecutor-General from office.
(8) The conditions of service of the Prosecutor-General, including his or her
remuneration, must be provided for in an Act of Parliament, but the remuneration must
not be reduced during the Prosecutor-General’s tenure of office.
(9) The remuneration of the Prosecutor-General is a charge on the
Consolidated Revenue Fund.
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