|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|60A. Establishment of Interim Independent Constitutional Dispute Resolution Court.|
|Prorogation and dissolution of Parliament.||Appointment of judges of High Court.|
|Establishment of Interim Independent Constitutional Dispute Resolution Court. 10 of 2008, s. 7||
60A. (1) Notwithstanding section 60 there shall be an Interim Independent Constitutional Dispute Resolution Court which shall have exclusive original jurisdiction to hear and determine all and only matters arising from the constitutional review process.
(2) The judges of the Court shall be nine judges of whom –
(a) three shall be non citizens who are qualified to be appointed judges or have served as judges of the highest court in any jurisdiction within the Commonwealth nominated by the Parliamentary Select Committee; and
(b) six shall be recruited through a competitive process by the Parliamentary Select Committee and upon approval by the National Assembly
be appointed by the President in consultation with the Prime Minister.
(3) For the avoidance of doubt, the Court is not a division of the High Court.
(4) A person shall be qualified to be appointed a judge of the Court if he –
(a) is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters within the Commonwealth; or
(b) is an advocate of the High Court of Kenya of not less than ten years standing; and
(c) is a person of high moral character and integrity.
(5) Subject to this section, the office of a judge of the Court shall become vacant if circumstances arise that, if he were not a judge, would cause him to be disqualified to be appointed as such.
(6) Subject to subsection (7) judge of the Court may be removed from office only for inability to exercise 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 so removed except in accordance with this section.
(7) A judge of the Court shall be removed from office if the National Assembly so resolves, by resolution supported by a majority of all its members (excluding the ex-officio members)
(8) In the exercise of its function under this Constitution, the Court shall not be subject to the direction or control of any other person or authority.
(9) Subject to this Constitution and without prejudice to subsection (7), Parliament may provide for the orderly and effective conduct of the operations and business of the Court and for the powers of the Court and regulate its procedure.
(10) The Court may, subject to its rules of procedure, act notwithstanding a vacancy in its composition or the absence of a judge.
(11) The Court shall stand dissolved twenty four months after the commencement of this section or three months after the promulgation of a new Constitution, whichever is the earlier.