Constitution of Kenya (Repealed) - Kenya Law Reports

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