ADVOKS GLOBAL · KENYA
Judicial Service Act
15. Procedure of appointment
Edition: 2023-12-11 · In force
15. Procedure of appointment
(1)Where the members are to be appointed by the President under Article 171(2)(h) of the Constitution, the following procedure shall apply—(a)until after the first elections under the Constitution, the President shall, subject to the National Accord and Reconciliation Act, 2008 and after consultation with the Prime Minister, within seven days of the commencement of this Act, submit the names of the nominees to the National Assembly;(b)the National Assembly shall, within seven days after it first meets after receiving the names of the nominees—(i)consider the nominees and either approve or reject the nominees; and(ii)notify the President as to the approval or rejection;(c)if the National Assembly approves the nominees under Article 171(2)(h), the President shall, within three days after receiving the notification from the National Assembly, appoint the nominees as members of the Commission;(d)if the National Assembly rejects a nominee submitted by the President, the President shall, within three days after receiving the notification from the National Assembly, submit the name of a new nominee to the National Assembly and the provisions of this subsection shall apply with necessary modifications with respect to the new nominee.(2)Where the nominations are to be made by bodies specified under Article 171(2)(b), (c), (d), (f) and (g) of the Constitution—(a)the respective nominating body shall submit the name of its nominee to the President; and(b)the President shall, within three days of receipt of the names, appoint the nominees as members of the Commission.