THE Public Service Commission has proposed a lengthy process that makes it harder to remove of the Director of Public Prosecutions from office.
According to a draft legal notice published last week, it would take up to six months before the President can receive a petition to remove the DPP.
Article 158(3) requires that the PSC satisfies itself that a petition discloses grounds for the removal of the DPP before recommending that the President forms a tribunal.
According to the draft regulations, after receiving a petition, the PSC will have 14 days to summarily disallow it for lacking in merit or require that the DPP to respond.
The PSC will then forward the petition together with the affidavit and all other supporting documents to the DPP
The DPP will then be required to, within 14 days of the date of the Commission’s letter, respond to the petition in writing.
It is after the DPP's response that the PSC chairman will constitute the Committee that will look into the allegations and the response.
The draft rules add that the Committee shall, within 14 days of receipt of the response, convene a preliminary meeting.
This meeting will will determine whether there is need, to call for additional documents or information; for further investigations or to hear the petitioner and DPP in person.
The meeting which will also determine the hearing date and venue will also have the powers to "summarily determine the petition."
The draft regulations add that the Committee shall convene a hearing of the petition or a meeting to consider the petition within 21 days.
Once the Committee determines the hearing date, the Commission shall, within seven days issue a hearing notice by personal service or advertising in at least two daily newspapers.
The Committee can also use registered mail to the last known postal address of the petitioner or the DPP and shall be deemed to have been received within seven days from the date of postage.
"Provided that the Commission shall at all times use the most cost efficient mode of service," the draft regulations state.
The regulations also states that a a petition may be heard orally or through written representation.
Where the petition is heard through written representations, the Commission shall require the Petitioner to file written submissions which shall be forwarded to the DPP within seven days.
"The Director shall file written submissions in response to the petitioner’s submissions within 14 days of receipt thereof," the draft states.
An oral hearing shall take place where the Committee determines that it is necessary to hear witnesses in the matter; or if the petitioner or the DPP makes a written request.
The PSC also proposed that the Committee shall deliberate and make its findings and recommendations to the Commission within 21 days of hearing the petition.
The PSC will then consider the recommendations of the Committee and make a final decision on the petition within 7 days.
The President will then receive the petition within seven days, suspend the DPP and form a tribunal within 14 days.