“Article 94 (1 and 2) of the Constitution provides for the removal of the Ombudsman before the expiry of his or her term of office by the President acting on the recommendation of the Judicial Service Commission on the ground of mental incapacity or for gross misconduct. The grounds for dismissal, including an explicit definition of “gross misconduct,” are not clearly defined.

The SCA recommends that the process and grounds for dismissal are clearly defined, appropriately limited, and set out in the enabling law. There should be transparent working procedures such as procedural guarantees of review and appeal for dismissals.

The SCA refers to General Observation 2.1 on ‘Guarantee of tenure for members of the NHRI decision-making body’.”