Chief Justice of Kenya

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The Chief Justice of Kenya is the head of the Judiciary of Kenya and President of the Supreme Court of Kenya and is an office established under Article 161 of the Kenyan Constitution. He or she is assisted by the Deputy Chief Justice who is also the Deputy President of the Supreme Court.[1]

The office of Chief Justice is currently vacant, with Justice Mohamed Khadhar Ibrahim acting as President of the Supreme Court, following the early retirement of Dr. Willy Mutunga on June 16, 2016.[2]

Appointment & Tenure of Office[edit]

Before the enactment of the Constitution of Kenya 2010, the President appointed the Chief Justice without any interview process or parliamentary approval. The Chief Justice did not enjoy security of tenure, and could be dismissed at the pleasure of the President.

Under the new Constitution, the Chief Justice is formally appointed by the President but is selected by the Judicial Service Commission following a competitive process involving a vacancy announcement, shortlisting of applicants and interviews. In order to be appointed as the Chief Justice, a person must have at least fifteen years experience as a legal practitioner. At the end of the interviews, the Judicial Service Commission selects one individual whose name is forwarded to Parliament for vetting and approval. If Parliament gives the candidate the green light, he is then formally appointed by the President.

In order to give the President more leeway in appointing the Chief Justice, the ruling Jubilee Coalition pushed through an amendment which required the Judicial Service Commission to provide three qualified individuals from which the President would appoint one as the Chief Justice.[3] However, the constitutional court declared the amendment unconstitutional, and the President will only receive one name from the Judicial Service Commission.[4]

Like all Judges, the Chief Justice serves until he reaches 70 years, with an option for early retirement one he reaches 65. No matter his age, an individual may not serve for more than ten years as Chief Justice. As such, an individual who serves for ten years as Chief Justice must retire from the office of the Chief Justice even if he is not yet 70, but may opt to stay on the Supreme Court as an Associate Justice until he reaches 70.

The Chief Justice may be removed from office if a Tribunal appointed to inquire into his conduct finds that he should not remain in office.

In the event of a vacancy in the office of the Chief Justice, the Deputy Chief Justice performs the role in an acting capacity until a new Chief Justice is named. Where the Deputy Chief Justice position is also vacant, the senior-most Associate Justice of the Supreme Court will act as the President of the Supreme Court until a Chief Justice is named. The senior-most Associate Justice is Mohamed Ibrahim who is also acting as the President of the Supreme Court following the early retirement of Dr. Willy Mutunga who turned 69 in June 2016, and the retirement of Deputy Chief Justice Kalpana Rawal who turned 70 in January 2016.

Duties[edit]

The Chief Justice performs a wide range of judicial, administrative and ceremonial duties provided for under the Constitution and various statutes.

As the President and head of the Supreme Court of Kenya, he sits on the bench of the court and gives directions on which Associate Justices are to preside over cases. As the Chairperson of the Judicial Service Commission, he has a lead role in setting policies for the administration of justice and the running of the judicial arm. He also takes part in the selection and recruitment of Judges and Magistrates who are appointed by the Judicial Service Commission which he chairs.

He is also the chief administrator of the Judiciary, although the Chief Registrar of the Judiciary is responsible for administrative matters.

The Chief Justice also presides over the swearing-in of the President, the Deputy President and many other government officials. He also ceremoniously administers the oath that newly-qualified lawyers take as they are admitted to the Roll of Advocates.

List of Chief Justices[edit]

Source: [5]

East Africa Protectorate[edit]

Name Term start Term end Governor
1 Sir Robert Hamilton 1906 1920 Sadler

Colony and Protectorate of Kenya[edit]

Name Term start Term end
1 Lt. Col. Jacob William Barth 1920 1934
2 Sir Joseph Sheridan 1934 1946
3 Sir John Harry Barclay Nihill[6] 1947 1950
Ransley Samuel Thacker[7] 1950 1951 (acting)
Paget John Bourke[8] 1951 1951 (acting)
4 Sir Horace Hector Hearne[9] 1951 1954
5 Sir Kenneth Kennedy O’Connor[10] 1954 1957
6 Sir Ronald Ormiston Sinclair 1957 1962
7 Sir John Ainley 1963 1963

Republic of Kenya[edit]

Name Term start Term end President
1 Sir John Ainley 1963 1968 -
- Arthur Denis Farrell 1968 1968 -
2 Kitili Mwendwa 1968 1971 Kenyatta
3 Sir James Wicks 1971 1982 Kenyatta
4 Sir Alfred Simpson 1982 1985 Moi
5 Chunilal Madan 1985 1986 Moi
6 Cecil Miller 1986 1989 Moi
7 Allan Hancox 1989 1993 Moi
8 Fred Apaloo 1993 1994 Moi
9 Abdul Majid Cockar 1994 1997 Moi
10 Zachaeus Chesoni 1997 1999 Moi
11 Bernard Chunga 1999 2003 Moi
12 Johnson Gicheru 2003 2007 Kibaki
13 Willy Mutunga 2011 2016 Kibaki

See also[edit]

References[edit]

  1. ^ http://www.judiciary.go.ke/portal/the-supreme-court.html
  2. ^ http://www.nation.co.ke/news/-Mohamed-Ibrahim-named-acting-Supreme-Court-president/-/1056/3252544/-/format/xhtml/-/vuoqmkz/-/index.html
  3. ^ http://www.standardmedia.co.ke/article/2000187808/odm-mps-oppose-changes-to-law-on-hiring-chief-justice
  4. ^ http://www.nation.co.ke/news/President-power-to-hire-Chief-Justice-quashed/-/1056/3220654/-/38n48kz/-/index.html
  5. ^ "Our History". Republic of Kenya. Retrieved 2 October 2015. 
  6. ^ Rennie, G.M. (May 6, 1947). "Government Notice No 438". The Official Gazette of the Colony and Protectorate of Kenya 49 (19) (Nairobi). p. 2. Retrieved 2016-06-22. 
  7. ^ Mitchell, P.E. (January 2, 1951). "Government Notice No 1416 of 1950". The Official Gazette of the Colony and Protectorate of Kenya 53 (1) (Nairobi). p. 1. Retrieved 2016-06-22. 
  8. ^ Hartwell, C.H. (May 22, 1951). "Government Notice No 570". The Official Gazette of the Colony and Protectorate of Kenya 53 (26) (Nairobi). p. 1. Retrieved 2016-06-22. His Honour Mr Justice Paget Bourke to act as Chief Justice, His Majesty's Supreme Court of the Colony and Protectorate of Kenya, with effect from 9th May, 1951. 
  9. ^ Mitchell, P.E. (May 29, 1951). "Government Notice No 593". The Official Gazette of the Colony and Protectorate of Kenya 53 (27) (Nairobi). p. 1. Retrieved 2016-06-22. 
  10. ^ "The Church House, Westminster, S.W.1 5th February, 1954" (pdf). The London Gazette (40110) (London). February 23, 1954. p. 10. Archived (PDF) from the original on 2016-06-23. Retrieved 2016-06-23.