Constitution of Kenya (Repealed) - Kenya Law Reports

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50 Constitution of Kenya[Rev. 2009proceedings that were commenced before him before he attained thatage.(3) A judge of the High Court may be removed from office onlyfor inability to perform the functions of his office (whether arising frominfirmity of body or mind or from any other cause) or for misbehaviour,and shall not be removed except in accordance with this section.(4) A judge of the High Court shall be removed from office by thePresident if the question of his removal has been referred to a tribunalappointed under subsection (5) and the tribunal has recommended to thePresident that the judge ought to be removed from office for inabilityas aforesaid or for misbehaviour.(5) If the Chief Justice represents to the President that the questionof removing a puisne judge under this section ought to be investigated,then -(a) the President shall appoint a tribunal which shall consist ofa chairman and four other members selected by the Presidentfrom among persons -(i) who hold or have held the office of judge of the HighCourt or judge of appeal; or(ii) who are qualified to be appointed as judges of the HighCourt under section 61 (3); orCap. 16.(iii) upon whom the President has conferred the rank ofSenior Counsel under section 17 of the Advocates Act;and(b) the tribunal shall inquire into the matter and report on thefacts thereof to the President and recommend to the Presidentwhether that judge ought to be removed under this section.(6) Where the question of removing a judge from office hasbeen referred to a tribunal under this section, the President, acting inaccordance with the advice of the Chief Justice, may suspend the judgefrom exercising the functions of his office and any such suspension mayat any time be revoked by the President, acting in accordance with theadvice of Chief Justice, and shall in any case cease to have effect ifthe tribunal recommend to the President that the judge ought not to beremoved from office.(7) Where the question arises as whether the Chief Justice hasbecome unable by reason of physical or mental infirmity to exercise
Rev. 2009]Constitution of Kenya 51the functions of his office or that his conduct ought to be investigated,then the President shall appoint a tribunal consisting of five membersappointed by him in the manner provided under subsection (8).(8) The tribunal appointed under subsection (7) shall consist ofthe following members -(a) a person who holds or has held the office of Speaker of theNational Assembly who shall be the chairman;(b) two persons who hold or have held office as judges ofappeal;(c) one person upon whom the rank of Senior Counsel hasbeen conferred by the President under section 17 of theAdvocates Act; andCap. 16.(d) the chairman of the Public Service Commission.(9) When the question of removing the Chief Justice has beenreferred to a tribunal under this section he shall not exercise any of thefunctions of his office pending the decision of the tribunal; but he willresume those functions if the tribunal recommends to the President thatthe Chief Justice ought not be removed from office.63. A judge of the High Court shall not enter upon the duties ofhis office until he has taken and subscribed the oath of allegiance andsuch oath for the due execution of his office as may be prescribed byParliament.64. (1) There shall be a Court of Appeal which shall be a superiorcourt of record, and which shall have such jurisdiction and powers inrelation to appeals from the High Court as may be conferred on it bylaw.Oaths to be taken byjudges of High Court.Establishment ofCourt of Appeal13 of 1977, s. 2,7 of 1984, s. 3.(2) The judges of the Court of Appeal shall be the Chief Justice andsuch number, not being less than two, of other judges (herein referredto as judges of appeal) as may be prescribed by Parliament.(3) The foregoing provisions of this Part shall apply in respect ofthe judges of appeal as they apply to puisne judges.(4) Where a puisne judge has been appointed as a judge of appealhe may continue to exercise the functions of a puisne judge to enablehim to complete proceedings in the High Court that were commencedbefore him prior to his being so appointed.
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