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Appointment of Chief Justice, Deputy Chief Justice and other judges
Chapter Ten - Judiciary
Article 166. Appointment of Chief Justice, Deputy Chief Justice and other judges

 (1) The President shall appoint--
     (a)   the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly; and
     (b)   all other judges, in accordance with the recommendation of the Judicial Service Commission.
(2)  Each judge of a superior court shall be appointed from among persons who--
     (a)   hold a law degree from a recognised university, or are advocates of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction;
     (b)   possess the experience required under clause (3) to (6) as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth common-law jurisdiction; and
     (c)   have a high moral character, integrity and impartiality.    
(3) The Chief Justice and other judges of the Supreme Court shall be appointed from among persons who have--
     (a)   at least fifteen years experience as a superior court judge; or
    (b)  at least fifteen years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or
    (c)  held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to fifteen years;
(4) Each judge of the Court of Appeal shall be appointed from among persons who have--
    (a)  at least ten years’ experience as a superior court judge;
         or
    (b)  at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
    (c)  held the qualifications mentioned in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.
(5) Each judge of the High Court shall be appointed from among persons who have--
    (a)  at least ten years’ experience as a superior court judge or professionally qualified magistrate; or
    (b)  at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
    (c)  held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.


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