Job Description
VACANCY IN THE OFFICE OF JUDGE OF THE HIGH OF THE REPUBLIC OF
KENYA (20 POSTS)
The Judicial Service Commission (JSC) is a Constitutional Commission established under Article 171 of the Constitution of Kenya, 2010 to promote and facilitate the
independence and accountability of the Judiciary and the efficient, effective and
transparent administration of justice.
Following the declaration of vacancies in the Office of Judge of the High Court vide
Gazette Notice No. 2530 dated 11th March 2022, the JSC invites applications from
qualified persons to fill the vacancies pursuant to Article 172(1)(a) and as read with
Article 166 (1)(b), (2) and (5), Section 30 of the Judicial Service Act and
the First Schedule of the Judicial Service Act (No. 1 of 2011).
Job details:
Ref: V/No. 23/2022
Job title: Judge of the High Court
Number of posts:Twenty (20) posts
Tenure of office: Retirement at the age of seventy (70) years with the
option for early retirement after attaining the age of sixty–five (65) years in accordance with Article 167(1) of the Constitution.
Remuneration and benefits:
Based on guidelines by the Salaries and Remuneration Commission of Kenya, Gross Monthly Remuneration Package excluding benefits is Minimum of Kshs. 657,426.00 and a Maximum of Kshs. 1,000,974.00
Functions of the Judge of the High Court:
A Judge of the High Court shall serve in the High Court of Kenya. The
function and jurisdiction of the Court is provided for under Article 165 (3) and
(7), namely;
(a) unlimited original jurisdiction in criminal and civil matters;
(b) jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;
(c) jurisdiction to hear an appeal from a decision of a tribunal appointed under this Constitution to consider the removal of a person from office, other than a tribunal appointed under Article 144;
(d) jurisdiction to hear any question respecting the interpretation of this Constitution including the determination of—
(i) the question whether any law is inconsistent with or in contravention of this Constitution;
(ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or in contravention of, this Constitution;
(iii) any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government; and
(iv) a question relating to conflict of laws under Article 191; and
(e) any other jurisdiction, original or appellate, conferred on it by legislation.
(f) The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.
Constitutional and Statutory Requirements for Appointment:
For appointment to the position of Judge of the High Court, the applicant must
possess the following minimum qualifications set out in Article 166 (2) (a),
(b)and (c) as read with Sub Article (5) (a) (b) and (c) of the Constitution,
namely:
1. Hold a law degree from a recognized university, or be an advocate of the
High Court of Kenya, or possess an equivalent qualification in a Commonlaw jurisdiction;
2. (a) Have at least ten (10) years’ experience as a superior court judge or a
professionally qualified magistrate;
or
(b) Have at least ten (10) years’ experience as a distinguished academic, or
legal practitioner or such experience in other relevant legal field;
or
(c) Have held the qualifications specified in paragraphs 2 (a) and (b) above
for a period amounting, in the aggregate, to ten (10) years; and
(d) Possess the experience required under paragraph 2 (a),(b) and (c)
above as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth Common-Law jurisdiction; and
3. Have a high moral character, integrity and impartiality (meet the
requirements of Chapter Six of the Constitution on Leadership and
Integrity).
In addition, the applicants should demonstrate a high degree of professional
competence, communication skills, fairness, good temperament, good judgment,
wide breath of both legal and life experience and demonstrable commitment to
public and community service.
The appointment shall be made in accordance with Article 166 (1)(b), (2) and
(5) of the 2010 Constitution and Section 30, Part V and the First Schedule
of the Judicial Service Act, No. 1 of 2011.