Kenyan Constitution, Chapter Ten, Part 4, Article 171 to 172

The Judiciary

Judicial Service Commission

Article 171: Establishment of the Judicial Service Commission

(1) There is established the Judicial Service Commission.
(2) The Commission shall consist of –

(a) the Chief Justice, who shall be the chairperson of the Commission;
(b) one Supreme Court judge elected by the judges of the Supreme Court;
(c) one Court of Appeal judge elected by the judges of the Court of Appeal;
(d) one High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;
(e) the Attorney-General;
(f) two advocates, one a woman and one a man, each of whom has at least fifteen years’ experience, elected by the members of the statutory body responsible for the professional regulation of advocates;
(g) one person nominated by the Public Service Commission; and
(h) one woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly.

(3) The Chief Registrar of the Judiciary shall be the Secretary to the Commission.
(4) Members of the Commission, apart from the Chief Justice and the Attorney-General, shall hold office, provided that they remain qualified, for a term of five years and shall be eligible to be nominated for one further term of five years.

Article 172: Functions of the Judicial Service Commissions

(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall–

(a) recommend to the President persons for appointment as judges;
(b) review and make recommendations on the conditions of service of–

(i) judges and judicial officers, other than their remuneration; and
(ii) the staff of the Judiciary;

(c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament;
(d) prepare and implement programmes for the continuing education and training of judges and judicial officers; and
(e) advise the national government on improving the efficiency of the administration of justice.

(2) In the performance of its functions, the Commission shall be guided by the following–

(a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality.