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.