Wednesday 20 January 2021

Chief Justice at Judiciary of Kenya

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 Constitution and other laws. It is expected to resolve disputes in a just manner with a view to protecting the rights and liberties of all, thereby facilitating the attainment of the ideal rule of law.

Job Reference Number    V/No.1/2021

Terms of Service  

Hold office for a maximum of ten years or on attaining the age of seventy (70) years with the option for early retirement upon attaining the age of sixty –five (65) years in accordance with Article 167 of the Constitution. Remuneration and benefits: Based on guidelines by the Salaries and Remuneration Commission of Kenya. Gross Monthly Remuneration Package excluding benefits: (Kshs) Minimum 990,000 to a Maximum of 1,327,888.

Date registered    19-Jan-2021
Opening Date of Advert    01/20/2021
Closing Date of Advert    02/09/2021

Requirements

Constitutional and Statutory Requirements for Appointment:

For appointment to the position of Chief Justice, the applicant must possess the following minimum qualifications set out in Article 166 (2) (a) (b)and (c) as read with Sub Article (3) (a) (b) and (c) 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; 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 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, 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)(a), (2) and (3) of the 2010 Constitution and Section 30, Part V and the First Schedule of the Judicial Service Act, No. 1 of 2011.

Duties and Responsibilities

Functions of the Chief Justice as provided for in the Constitution of Kenya, 2010, and the Judicial Service Act, No. 1 of 2011

The Chief Justice shall be;

  • The Head of the Judiciary,
  • The President of the Supreme Court,
  • Chairperson of the Judicial Service Commission, and
  • Link between the Judiciary and the other arms of Government .

Other responsibilities of the Chief Justice include performing functions pursuant to:

  • Article 141 and 148,
  • Article 144(2) and (3),
  • Article 165(4),
  • Article 261(7),
  • Section 15 of Advocates Act,
  • Sections 5, 22(1), 27(4) and 34(2)(a) of the Judicial Service Act, No. 1 of 2011 and
  • Discharging any other functions as required of him or her by the Constitution and any written law.

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