Constitution of Kenya (Repealed) - Kenya Law Reports

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48 Constitution of Kenya[Rev. 2009jurisdiction in civil and criminal matters within theCommonwealth; or(b) is an advocate of the High Court of not less than tenyears standing; and(c) is a person of high moral character and integrity.(5) Subject to this section, the office of a judge of the Court shallbecome vacant if circumstances arise that, if he were not a judge wouldcause him to be disqualified to be appointed as such.(6) Subject to subsection (7) a judge of the Court may be removedfrom office only for inability to exercise the functions of his office(whether arising from infirmity of body or mind or from any other cause)or for misbehaviour, and shall not be so removed except in accordancewith this section.(7) A judge of the Court shall be removed from office if theNational Assembly so resolves, by resolution supported by a majorityof all its members (excluding ex-officio members).(8) In the exercise of its functions under this Constitution, theCourt shall not be subject to the direction or control of any other personor authority.(9) Subject to this Constitution and without prejudice to subsection(7), Parliament may provide for the orderly and effective conduct of theoperations and business of the Court and for the powers of the Courtand regulate its procedure.(10) The Court may, subject to its rules of procedure, actnotwithstanding a vacancy in its composition or the absence of ajudge.(11) The Court shall stand dissolved twenty four months after thecommencement of this section or three months after the promulgationof a new Constitution, whichever is the earlier.Appointment ofjudges of High Court.4 of 1988, s.2,17 of 1990, s. 3.61. (1) The Chief Justice shall be appointed by the President.(2) The puisne judges shall be appointed by the President actingin accordance with the advice of the Judicial Service Commission.(3) A person shall not be qualified to be appointed a judge of theHigh Court unless -(a) he is, or has been, a judge of a court having unlimitedjurisdiction in civil and criminal matters in some part of
Rev. 2009]Constitution of Kenya 49the Commonwealth or in the Republic of Ireland or a courthaving jurisdiction in appeals from such a court; or(b) he is an advocate of the High Court of Kenya of not lessthan seven years standing; or(c) he holds, and has held for a period of, or for periodsamounting in the aggregate to, not less than seven years, oneor other of the qualifications specified in paragraphs (a), (b),(c) and (d) of section 12 (1) of the Advocates Act as in forceon 12 th December, 1963.Cap. 16 (1986).(4) If the office of Chief Justice is vacant, or if the Chief Justiceis for any reason unable to discharge the functions of his office, thePresident may appoint a puisne judge to act as Chief Justice, and apuisne judge so appointed shall exercise the functions of that officeuntil a person is appointed to and assumes the functions of that office,or until the Chief Justice resumes those functions, as the case may be,or until his appointment is sooner revoked by the President.(5) If the office of a puisne judge is vacant or if a puisne judge isappointed to act as Chief Justice or is for any reason unable to dischargethe functions of his office, or if the Chief Justice advises the Presidentthat the state of business in the High Court so requires, the President,acting in accordance with the advice of the Judicial Service Commission,may appoint a person who is qualified to be appointed a judge of theHigh Court to act as a puisne judge; and a person may act as a puisnejudge notwithstanding that he has attained the age prescribed for thepurposes of section 62 (1).(6) A person appointed under subsection (5) to act as a puisnejudge shall, subject to subsections (4) and (7) of section 62, continue toact for the period of his appointment or, if no period is specified, untilhis appointment is revoked by the President, acting in accordance withthe advice of the Judicial Service Commission, and may continue toact thereafter for so long as may be necessary to enable him to deliverjudgment or to do any other thing in relation to proceedings that havealready been commenced before him.62. (1) Subject to this section, a judge of the High Court shallvacate his office when he attains such age as may be prescribed byParliament.Tenure of office ofjudges of High Court.4 of 1988, s. 3,17 of 1990, s. 4.(2) Notwithstanding that he has attained the age prescribed forthe purposes of subsection (1), a judge of the High Court may continuein office for so long after attaining that age as may be necessary toenable him to deliver judgment or to do any other thing in relation to
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Constitution of Kenya (Repealed) - Kenya Law Reports

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