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Kenya Constitution


PART 3 The Judicial Service Commission

Judicial Service Commission

68 (1) There shall be a Judicial Service Commission which shall consist of-


(a) the Chief Justice as chairman;


(b) the Attorney-General;


(c) two person who are for the time being designated by the President from among the puisne judges of the High Court and the judges of the Court of Appeal; and


(d) the chairman of the Public Service Commission.


(2) In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.


(3) Subject to this Chapter, the Commission may make regulations regulating its own procedure and, with the consent of the President, may confer powers or impose duties on any public officer or authority for the purpose for the discharge of it functions.


(4) Subject to any regulations made under subsection (3), the Commission may act notwithstanding a vacancy in its membership or the absence of a member, and its proceedings shall not be invalidated by the presence or participation of a person not entitled to be present at or to participate in those proceedings:


Provided that a decision of the Commission shall require the concurrence of a majority of all the members thereof.

Appointment, etc., of  judicial officers

4  of 1988 s. 4

69 (1) The power to appoint persons to hold or act in an office to which this section applies (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in those offices and the power to remove those persons from office shall vest in the Judicial Service Commission.


(2) the Judicial Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subjection (1) to any one or more of its members or to any judge of the High Court or to any person holding or acting in an office to which this section applies:


Provided that a power that relates to an office the holder of which is required to possess legal qualifications may not be delegated under this subsection except to one or more members of the Commission.


(3) The offices to which this section applies are-


(a) the office of Registrar or Deputy Registrar of the High Court;


(b) the office of the Chief Magistrate, the Principal Magistrate, the Senior Resident Magistrate, Resident Magistrate or District Magistrate;


(c) the office of any other person empowered to hold or be a member of a subordinate court exercising criminal jurisdiction;


(d) the office of Chief Kadhi and Kadhi; and


(e) such other offices of member of any court or connected with any court as may be prescribed by Parliament.



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