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The Judiciary is one of the three State organs established under Chapter 10, Article 159 of the Constitution of Kenya. It establishes the Judiciary as an independent custodian of justice in Kenya. Its primary role is to exercise judicial authority given to it, by the people of Kenya.
The institution is mandated to deliver justice in line with the Constitut...
Duties and Responsibilities
For appointment to the position of Judge of the High Court, the applicant must possess the following minimum qualifications set out in Article 166 (2) (a), (b)and (c) as read with Sub Article (5) (a) (b) and (c) of the Constitution, namely:
- Unlimited original jurisdiction in criminal and civil matters;
- Jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;
- Jurisdiction to hear an appeal from a decision of a tribunal appointed under the Constitution to consider the removal of a person from office, other than a tribunal appointed under Article 144;
- Jurisdiction to hear any question respecting the interpretation of the Constitution including the determination of—
- The question whether any law is inconsistent with or in contravention of the Constitution;
- The question whether anything said to be done under the authority of the Constitution or of any law is inconsistent with, or in contravention of, the Constitution;
- Any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government; and
- A question relating to conflict of laws under Article 191; and
- Any other jurisdiction, original or appellate, conferred on it by legislation.
- Supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasijudicial function, but not over a superior court.
Requirements
A Judge of the High Court shall serve in the High Court of Kenya. The function and jurisdiction of the Court is provided for under Article 165 (3) and (7), namely:
- Hold a law degree from a recognized university, or be an advocate of the High Court of Kenya, or possess an equivalent qualification in a Commonlaw jurisdiction;
- Have at least ten (10) years’ experience as a superior court judge or a professionally qualified magistrate; or
- Have at least ten (10) years’ experience as a distinguished academic, or legal practitioner or such experience in other relevant legal field;
- Have held the qualifications specified in paragraphs 2 (a) and (b) above for a period amounting, in the aggregate, to ten (10) years; and
- Possess the experience required under paragraph 2 (a), (b) and (c) above as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth CommonLaw jurisdiction; and
- Have a high moral character, integrity, and impartiality (meet the requirements of Chapter Six of the Constitution on Leadership and Integrity).
In addition, the applicants should demonstrate a high degree of professional competence, communication skills, fairness, good temperament, good judgment, wide breath of both legal and life experience and demonstrable commitment to public and community service.
The appointment shall be made in accordance with Article 166 (1)(b), (2) and (5) of the 2010 Constitution and Section 30, Part V and the First Schedule of the Judicial Service Act, No. 1 of 2011.
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