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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.