Judge of the Supreme Court of Kenya at Judicial Service Commission

Job Purpose/ functions of the Judge of the Supreme Court of Kenya:

A Judge of the Supreme Court shall serve in the Supreme Court of Kenya. The function and jurisdiction of the Court is provided for under Article 163 (3), 4, 5 and 6, Article 168 (8) of the Constitution, namely: -  

• Have exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of the President arising under Article 140.  
• To hear and determine in its appellate jurisdiction, appeals from- 
  • the Court of Appeal; and 
  • any other Court or Tribunal as prescribed by national legislation. 
• Give an advisory opinion at the request of the National Government, any State organ, or any County Government with respect to any matter concerning County Government. 
• Hear and determine an appeal by a judge aggrieved by a decision of a Tribunal formed under Article 168 of the Constitution, to consider the judge’s removal. 
• Consider applications emanating from a declaration of state of emergency.

Constitutional and Statutory Requirements for Appointment:

For appointment to the position of Judge of the Supreme Court, the applicants must possess the following minimum qualifications set out in Article 166 (2) and (3), of the Constitution, 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 Common-law jurisdiction. 
• Have at least fifteen (15) years’ experience as a superior court judge.  or  
• Have at least fifteen (15) years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal     field.  or    
• Have held the qualifications specified in paragraphs 2 (a) and (b) above for a period amounting, in the aggregate, to fifteen (15) years. 
• 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 common-law 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, excellent 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) as read with Article 162 (2) and (3) of the Constitution of Kenya, 2010 and Section 30, Part V and the First Schedule of the Judicial Service Act, No. 1 of 2011.