Constitution of Kenya, 2010
101
of justice.
166. (1) The President shall appoint—
(a) the Chief Justice and the Deputy Chief Justice, in accordance
with the recommendation of the Judicial Service Commission,
and subject to the approval of the National Assembly; and
(b) all other judges, in accordance with the recommendation of
the Judicial Service Commission.
(2) Each judge of a superior court shall be appointed from among
persons who—
(a) hold a law degree from a recognised university, or are
advocates of the High Court of Kenya, or possess an
equivalent qualification in a common-law jurisdiction;
(b) possess the experience required under clause (3) to (6)
as applicable, irrespective of whether that experience was
gained in Kenya or in another Commonwealth common-law
jurisdiction; and
(c) have a high moral character, integrity and impartiality.
(3) The Chief Justice and other judges of the Supreme Court shall
be appointed from among persons who have—
(a) at least fifteen years experience as a superior court judge;
or
(b) at least fifteen years’ experience as a distinguished academic,
judicial officer, legal practitioner or such experience in other
relevant legal field; or
(c) held the qualifications mentioned in paragraphs (a) and (b)
for a period amounting, in the aggregate, to fifteen years;
(4) Each judge of the Court of Appeal shall be appointed from
among persons who have—
(a) at least ten years’ experience as a superior court judge; or
(b) at least ten years’ experience as a distinguished academic
or legal practitioner or such experience in other relevant
legal field; or
Appointment of
Chief Justice, Deputy
Chief Justice and
other judges.