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Constitution of Kenya, 2010
(c) held the qualifications mentioned in paragraphs (a) and (b)
for a period amounting, in the aggregate, to ten years.
(5) Each judge of the High Court shall be appointed from among
persons who have—
(a) at least ten years’ experience as a superior court judge or
professionally qualified magistrate; or
(b) at least ten years’ experience as a distinguished academic
or legal practitioner or such experience in other relevant
legal field; or
(c) held the qualifications specified in paragraphs (a) and (b)
for a period amounting, in the aggregate, to ten years.
Tenure of office of
the Chief Justice and
other judges.
167. (1) A judge shall retire from office on attaining the age of
seventy years, but may elect to retire at any time after attaining the age
of sixty-five years.
(2) The Chief Justice shall hold office for a maximum of ten years
or until retiring under clause (1), whichever is the earlier.
(3) If the Chief Justice’s term of office expires before the Chief
Justice retires under clause (1), the Chief Justice may continue in office
as a judge of the Supreme Court.
(4) If, on the expiry of the term of office of a Chief Justice, the
Chief Justice opts to remain on the Supreme Court under clause (3), the
next person appointed as Chief Justice may be selected in accordance
with Article 166 (1), even though that appointment may result in there
being more than the maximum permitted number of Supreme Court
judges holding office.
(5) The Chief Justice and any other judge may resign from office
by giving notice, in writing, to the President.
Removal from office.
168. (1) A judge of a superior court may be removed from office
only on the grounds of—
(a) inability to perform the functions of office arising from
mental or physical incapacity;
(b) a breach of a code of conduct prescribed for judges of the
superior courts by an Act of Parliament;
(c) bankruptcy;