Chapter 10, Part 2 · Art. 166
Appointment of Chief Justice, Deputy Chief Justice and other judges
- The President appoints the Chief Justice and Deputy Chief Justice on the recommendation of the Judicial Service Commission, subject to National Assembly approval, and appoints other judges on the JSC's recommendation.
Art. 166(1)
(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.
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Art. 166(2)
(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 (5) 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.
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- Judges are appointed based on their qualifications and good character.
Art. 166(2)
(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 (5) 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.
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