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Constitution of Kenya, 2010
(2) A removal, or a process leading to the removal, of a judge,
from office by virtue of the operation of legislation contemplated
under subsection (1) shall not be subject to question in, or review by,
any court.
Chief Justice.
24. (1) The Chief Justice in office immediately before the effective
date shall, within six months after the effective date, vacate office and
may choose either—
(a) to retire from the judiciary; or
(b) subject to the process of vetting under section 23, to continue
to serve on the Court of Appeal.
(2) A new Chief Justice shall be appointed by the President,
subject to the National Accord and Reconciliation Act, and after
consultation with the Prime Minister and with the approval of the
National Assembly.
(3) Subsection (2) also applies if there are further vacancies in
the office of Chief Justice before the first general elections under this
Constitution.
Part 6 – Commissions and Offices
Constitutional
Commissions.
25. (1) The Commission on the Implementation of the Constitution
and the Commission on Revenue Allocation shall be constituted within
ninety days after the effective date.
(2)The Salaries and Remuneration Commission shall be
constituted within nine months after the effective date.
(3) Until the legislation anticipated in Article 250 is in force,
the persons appointed as members or as chairperson of the Salaries
and Remuneration Commission shall be appointed by the President,
subject to the National Accord and Reconciliation Act, and after
consultation with the Prime Minister and with the approval of the
National Assembly.
The Kenya National
Human Rights
and Equality
Commission.
26. (1) The commissioners of the Kenya National Commission
on Human Rights appointed under the Kenya National Commission
on Human Rights Act, 2002 (No. 9 of 2002) and the commissioners
of the National Commission on Gender and Development, appointed
under the National Commission on Gender and Development Act,
2003 (No. 13 of 2003) other than the Permanent Secretaries and the
Attorney-General or a representative of the Attorney-General, shall
become members of the Kenya National Human Rights and Equality