how long does a chief justice serve in kenya
Before the enactment of the Constitution of Kenya 2010, the President appointed the Chief Justice without any interview process or parliamentary approval. The person presides over the Supreme Court and further has various roles including the administrative duties found in the Kenyan court system. (5) The Chief Justice and any other judge may resign from office by giving notice, in writing, to the President. Chair, Salaries and Remuneration Commission 740,927 40. Following the retirement of Chief Justice David Maraga on January 12, 2021, Deputy Chief Justice Philomena Mwilu is currently the acting Chief Justice. Like all Judges, the Chief Justice serves until he reaches 70 years, with an option for early retirement one he reaches 65. He was the Chief Justice of Ghana between 1977 and 1986. The chief justice in the republic of Kenya is Avery senior person and is often described as the head of the judiciary. (1) A judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of sixty-five years. The Chief Justice also presides over the swearing-in of the President, the Deputy President and many other government officials. Interestingly, Apaloo had earlier had the distinction of serving as the Chief Justice the Republic of Ghana between 1977 and 1986. It is however worth noting that there have been significant steps towards clearing the backlog of cases in the recent years. Justice Fred Kwasi Apaloo who replaced Hancox, had the distinction of serving as Chief Justice in two different countries. 161(2)(b) of the Constitution of Kenya 2010. "ODM MPs oppose changes to law on hiring chief justice", "Judge Mohamed Ibrahim named acting Supreme Court president", "The Church House, Westminster, S.W.1 5th February, 1954", South Georgia and the South Sandwich Islands, Saint Helena, Ascension Island and Tristan da Cunha, https://en.wikipedia.org/w/index.php?title=Chief_Justice_of_Kenya&oldid=1001967843, Creative Commons Attribution-ShareAlike License, This page was last edited on 22 January 2021, at 05:07. She was appointed to the Kenya Law Reform Commission in 2008 for a term of three years, serving … The Deputy Chief Justice of Kenya is the deputy to the Chief Justice of Kenya and Deputy President of the Supreme Court of Kenya. The current Deputy Chief Justice is Lady Justice Philomena Mbete Mwilu. Kenya Civil suits are ... than twenty million shillings or at the Chief Magistrates Court if their monetary value is twenty million and below. The Chief Justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts. If Parliament gives the candidate the green light, he is then formally appointed by the President. He is also the administrative head of the Judiciary, although the Chief Registrar of the Judiciary is responsible for oversight over administrative matters. No matter his age, an individual may … (4) If, on the expiry of the term of office of a Chief Justice, the Chief Justice opts to remain on the Supreme Court under clause (3), the next person appointed as Chief Justice may be selected in accordance with Article 166 (1), even though that appointment may result in there being more than the maximum permitted number of Supreme Court judges holding office. No matter his age, an individual may not serve for more than ten years as Chief Justice. The Chief Justice assigns duties to the Deputy Chief Justice. In Kenya, he served for a year between 1993 and 1994 when he was replaced by Abdul Majid Cockar who then occupied the office until his retirement from the … There have been only 16 U. S. Supreme Court Chief … Even before Ginsburg’s death, Thomas was the longest-serving member with a tenure of 28 years, 332 days, having been confirmed on October 15th, 1991. For many years, Justice Thomas Johnson was thought to have been the shortest serving Justice but under a temporary recess appointment he served a total of 1 year, 3 months and 28 days. L. 97–164, § 202(b), substituted “and thereafter, the chief judge of the district shall be such other district judge who is qualified to serve or act as chief judge under subsection (a)” for “and thereafter the district judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the district court”. Critics of Kenya’s judiciary and the justice system have for long complained about the backlog of cases and the slow turning wheels of justice. Basing on the above description, the following roles and responsibilities are attributed to the chief justice in Kenya. 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. Nancy Makokha Baraza (born 1957 in Bungoma District, Western Kenya) is a former Kenyan judge. The Deputy Chief Justice … The Chief Justice is the President of the Supreme Court and links the Judiciary to other arms of Government. During the writing of the constitution of the US, the powers and prerogative of the Supreme Court and the organization of the judicial branch were not well elaborated. The Kenya Law Reform Commission Act, 2013, 166. However, an individual cannot serve as the Chief Justice and President of the Supreme Court for more than 10 years even if s/he has not reached 70. 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 Supreme Court ruling that scrapped Kenya’s August 08 presidential election result was shaped by a new chief justice David Kenani Maraga. She was the first Deputy Chief Justice of Kenya and a member of Kenya's first supreme court after the promulgation of the 2010 Constitution. [2] However, the constitutional court declared the amendment unconstitutional, and the President will only receive one name from the Judicial Service Commission.[3]. Deputy Inspector General Admin Police Servi750,000 38. Since U. S. Supreme Court justices serve for life or until voluntary retirement, they can have long-term influence. The current Chief Justice is Philomena Mbete Mwilu who is holding the office in an acting capacity pending the recruitment of a substantive successor to David Kenani Maraga who retired on 12 January 2021. KLRC has an additional mandate of preparing new legislation to give effect to the Constitution, Subscribe to our newsletter for updates on vacancies, tender opportunities and other KLRC updates, We do not spam and your email address is confidential, Chapter One - Sovereignty of the People and Supremacy of this Constitution, Chapter Seven - Representation of the People, Chapter Fifteen - Commissions and Independent Offices, Chapter Sixteen - Amendment of this Constitution, Chapter Eighteen - Transitional and Consequential Provisions, Article 14: Independence in Decision Making, Article 18: Induction and Capacity Development, Article 7: The Role and Responsibility of the Chairperson, Article 8: The Role and Responsibilities of Commissioners, Article 9: The Role and Responsibilities of the Commission Secretary, Reinsurance Plaza, 3rd Floor, 4 Taifa Road. (3) If the Chief Justice's term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office as a judge of the Supreme Court. On this article, we are going to highlight the order of Kenya Defences Forces army ranks from the Lowest to the Highest in Kenya and their salaries as of 2020 Our Miltary structure is the same as that of the British Army since we are all members of Commonwealth of Nations. The statement, read by CJ David Maraga to a number of media houses, has been added toYouTube, and can now be accessed by anyone interested in the situation. At the end of the interviews, the Judicial Service Commission selects one individual whose name is forwarded to Parliament for vetting and approval. Superior Courts . Bush, Justice Clarence Thomas is the longest-serving member currently sitting on the bench. Chief justices of the state supreme courts act as head of the judiciaries in their states, in addition to serving as a justice on the court. Nominated by President George H.W. 3). No Matter his age, an individual may not serve for more than ten years as Chief Justice. In order to be appointed as the Chief Justice, a person must have at least fifteen years experience as a legal practitioner. The Deputy Chief Justice is selected by the Judicial Service Commission following an open recruitment process before formal appointment by the President. The chief justice of the United States is the chief judge of the Supreme Court of the United States and the highest-ranking officer of the U.S. federal judiciary. The ruling underlines that Maraga acts within the law regardless of the implications and is not under the thumb of executive powers. (2) The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier. The Chief Justice did not enjoy security of tenure, and could be dismissed at the pleasure of the President. 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. The above courts are manned by magistrates gazetted for that purpose by the Honourable Chief Justice. The Chief Justice is the Head of the Judiciary assisted by the Deputy Chief Justice. He also takes part in the selection and recruitment of Judges and Magistrates who are appointed by the Judicial Service Commission which he chairs. She served in the court from June 2011 to her suspension in January 2012 and subsequently resigned on 18 October 2012. This email address is being protected from spambots. WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS Kenya by Obi N.I. 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. You need JavaScript enabled to view it. 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. Just like the Chief Justice and other judges of the Supreme Court, a candidate for the Deputy Chief Justice must possess a minimum of 15 years experience in law. But so far only one – Kenya – has seen the Chief Justice come out with a full public statement exploring these problems. 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. Justice Fred Kwasi Apaloo was the ninth Chief Justice of independent Kenya and served at the helm of the Judiciary for a year in 1993. The formation of the Federal Judiciary was a priority of the new government, leading to the establishment of the Judiciary Act of 1789. The existence of a chief justice i Shortest serving Chief Justice: John Rutledge (just 5 months and 14 days under a temporary commission) Longest-serving Associate Justice: William O. Douglas (almost 37 years) Shortest serving Associate Justice: John Rutledge (1 year and 18 days) Magistrates Courts also have jurisdiction to hear and determine traffic matters in the manner provided for under the Traffic Act, Cap.403 of the Laws of Kenya. Functions. The candidate nominated for appointment must be vetted and approved by the National Assembly. 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. 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 pointed … He or she is assisted by the Deputy Chief Justice who is also the Deputy President of the Supreme Court.[1]. The Kenya Law Reform Commission has a statutory and ongoing role of reviewing all the laws of Kenya to ensure that it is modernized, relevant and harmonized with the Constitution of Kenya. Appointment of Chief Justice, Deputy Chief Justice and other judges, Report Administrative Malpractice About KLRC. The office remained vacant To the shock of many across the world, CJ Maraga proved that he is a staunch defender of judicial independence. Chair, Commission on Administrative Justice750,000 39. The next shortest tenure was that of James F. Byrnes who served 1 year, 2 months, and 25 days from 1941 to 1942. The Deputy Chief Justice deputises the Chief Justice and is the Vice-President of the Supreme Court. The office is established under Article 163 of the Kenyan Constitution. The longest-serving chief justice as of March 2021 is Sharon Keller, who began serving as presiding judge of the Texas Court of Criminal Appeals on January 1, 2001. Like all Judges, the Chief Justice serves until he reaches 70 years, with an option for early retirement one he reaches 65. The position of Chief Justice was created upon the formation of the Union of South Africa in 1910, with the Chief Justice of the Cape Colony, Sir Henry de Villiers, being appointed the first Chief Justice … The Chief Justice performs a wide range of judicial, administrative and ceremonial duties provided for under the Constitution and various statutes. Filing a case in the wrong court can lead to dismissal of the case. Thus, the Congress had the task of developing the Federal Judiciary. 90-BJ-CX-0002 from the Bureau of Justice Statistics to the State University of New York at Albany. What Supreme Court justice has been there the longest? Like all other judges of the superior courts in Kenya, Judges of the Supreme Court - including the Chief Justice - serve until mandatory retirement at 70 years. He or she is assisted by the Deputy Chief Justice who is also the Deputy President of the Supreme Court. Unlike the Chief Justice who is limited to a maximum of 10 years in office, the Deput… Other issues to consider include the location of the subject matter of the case and the residency of the parties. The Office of the Deputy Chief Justice is established under Art. He served as the Chief Justice from 1989 to April, 1993. David Kenani Maraga who was born on January 12th of 1951 is the current Chief Justice and President of the Supreme Court of Kenya. Lady Justice Philomena Mwilu and Justice Isaac Lenaola were today (Friday) sworn-in as the Deputy Chief Justice and Judge of the Supreme Court of Kenya respectively. Establishment. The chief justice is the head of the judiciary,he is the most senior of the judges of the court of appeal and the high court, he is appointed by the president and he chairs the judicial service commission,for him to have the position,then he must be qualified in law. The Chief Justice sets the tone for the Court, assigns the writing of majority opinions to fellow justices or to himself/herself, and oversees the management of the court and its staff. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent of the United States Senate, appoint "Judges of the supreme Court", who serve until they resign, retire, are impeached and convicted, or die. 34Chair, Kenya National Human Rights Commission 750,000 35Chair, Commission on Revenue Allocation750,0 00 36Deputy Inspector General Kenya Police Service750,000 37. The magistrates’ courts shall have and exercise jurisdiction and powers in proceedings of a civil nature in which the value of the subject matter in dispute does not exceed; (a) Seven million shillings for a Chief Magistrate. Most of the CJ’s complaints related to the massive cuts to the budget of the judiciary and the impact of those cuts. Maraga is among the highest paid civil servants in Kenya.The 14th Chief Justice of the republic of Kenya enjoys a heavy security and a free government house in Runda plus many allowances beside his salary. Visit our website www.nairobinews.co.keLike us on Facebook www.facebook.com/nairobinewsFollow us on Twitter www.twitter.com/nairobi_news The Chief Justice of the U. S. Supreme Court is appointed by the President and then confirmed (or not) by the U. S. Senate. Ebbe State University of New York at Brockport This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Grant No. Appeals 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. He also ceremoniously administers the oath that newly qualified lawyers take as they are admitted to the Roll of Advocates. An example of this occurred in 2016, when the senior Associate Justice Mohamed Ibrahim acted as the President of the Supreme Court following the early retirement of Chief Justice Willy Mutunga who turned 69 in June 2016, and the retirement of Deputy Chief Justice Kalpana Rawal who turned 70 in January 2016.[4]. (3) If the Chief Justice's term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office as a judge of the Supreme Court. Chair, National Land (b) Five million shillings for a Senior Principal Magistrate. Like all Judges, the Chief Justice serves until he reaches 70 years, with an option for early retirement one he reaches 65. 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. (2) The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier. Appointment of Chief Justice, Deputy Chief Justice and other judges Details Chapter Ten - Judiciary Part 2. The current Chief Justice is Philomena Mbete Mwilu who is holding the office in an acting capacity pending the recruitment of a substantive successor to David Kenani Maraga who retired on 12 January 2021.