|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|62. Tenure of office of judges of High Court.|
|Appointment of judges of High Court.||Oaths to be taken by judges of High Court.|
|Tenure of office of judges of High Court. 4 of 1988 s.2, 17 of 1990, s. 3. , Cap. 16.||
62. (1) Subject to this section, a judge of the High Court shall vacate his office when he attains such age as may be prescribed by Parliament.
(2) Notwithstanding that he has attained the age prescribed for the purposes of subsection (1), a judge of the High Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
(3) A judge of the High Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be removed except in accordance with this section.
(4) A judge of the High Court shall be removed from office by the President if the question of his removal has been referred to a tribunal appointed under subsection (5) and the tribunal has recommended to the President that the judge ought to be removed from office for inability as aforesaid or for misbehaviour.
(5) If the Chief Justice represents to the President that the question of removing a puisne judge under this section ought to be investigated, then -
(a) the President shall appoint a tribunal which shall consist of a chairman and four other members selected by the President from among persons -
(i) who hold or have held the office of judge of the High Court or judge of appeal; or
(ii) who are qualified to be appointed as judges of the High Court under section 61 (3); or
(iii) upon whom the President has conferred the rank of Senior Counsel under section 17 of the Advocates Act; and
(b) the tribunal shall inquire into the matter and report on the facts thereof to the President and recommend to the President whether that judge ought to be removed under this section.
(6) Where the question of removing a judge from office has been referred to a tribunal under this section, the President, acting in accordance with the advice of the Chief Justice, may suspend the judge from exercising the functions of his office and any such suspension may at any time be revoked by the President, acting in accordance with the advice of Chief Justice, and shall in any case cease to have effect if the tribunal recommend to the President that the judge ought not to be removed from office.
(7) Where the question arises as whether the Chief Justice has become unable by reason of physical or mental infirmity to exercise the functions of his office or that his conduct ought to be investigated, then the President shall appoint a tribunal consisting of five members appointed by him in the manner provided under subsection (8).
(8) The tribunal appointed under subsection (7) shall consist of the following members -
(a) a person who holds or has held the office of Speaker of the National Assembly who shall be the chairman;
(b) two persons who hold or have held office as judges of appeal;
(c) one person upon whom the rank of Senior Counsel has been conferred by the President under section 17 of the Advocates Act; and
(d) the chairman of the Public Service Commission.
(9) When the question of removing the Chief Justice has been referred to a tribunal under this section he shall not exercise any of the functions of his office pending the decision of the tribunal; but he will resume those functions if the tribunal recommends to the President that the Chief Justice ought not be removed from office.