Constitution of Kenya, 2010
187
(3) To ensure continuity in the operation of the Judicial Service
Commission, despite Article 171 (4), when the Commission is first
constituted the following members shall be appointed to serve for three
years only—
(a) the Court of Appeal judge appointed under Article 171 (4)
(c);
(b) the High Court judge appointed under Article 171 (4) (d);
(c) one of the advocates appointed under Article 171 (4) (f),
to be identified by the statutory body responsible for the
professional regulation of advocates; and
(d) one of the members appointed by the President under Article
171 (4) (h), to be identified by the President.
(4) Until the Public Service Commission contemplated in
Article 233 is established, a person nominated by the Public Service
Commission established under section 106 of the former Constitution
shall serve on the Judicial Service Commission but, when the new
Public Service Commission is established, the person shall cease to
be a member of the Judicial Service Commission and the new Public
Service Commission shall nominate a person to serve on the Judicial
Service Commission.
21. (1) The establishment of, and appointment of judges to, the Establishment of the
Supreme Court shall be completed within one year after the effective Supreme Court.
date.
(2) Until the Supreme Court is established, the Court of Appeal
shall have jurisdiction over matters assigned to the Supreme Court.
22. All judicial proceedings pending before any court shall
Judicial proceedings
continue to be heard and shall be determined by the same court or a and pending matters.
corresponding court established under this Constitution or as directed
by the Chief Justice or the Registrar of the High Court.
23. (1) Within one year after the effective date, Parliament shall Judges.
enact legislation, which shall operate despite Article 160, 167 and 168,
establishing mechanisms and procedures for vetting, within a timeframe
to be determined in the legislation, the suitability of all judges and
magistrates who were in office on the effective date to continue to
serve in accordance with the values and principles set out in Articles
10 and 159.