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The Chief Justice is nominated by the JSC after a transparent and competitive recruitment process and is appointed by the President after vetting and approval by Parliament. Judges of the Supreme Court are similarly recruited without the requirement of parliamentary vetting and approval.
To be appointed, one should hold a law degree, or be an advocate of the High Court. They should have at least 15 years’ experience in a relevant legal field. The applicant should also have a high moral character, integrity and impartiality. JSC also examines the applicants’ professional competence, their written and oral communication skills and their demonstration of fairness and good judgment.
Other considerations are whether the candidate has adequate legal and life experience, and whether they demonstrate commitment to public and community service.The commission is also required to ensure the outcome of the selection reflects the gender, regional, ethnic and other diversities of the people of Kenya.
The process is governed both by the Constitution and the Judicial Service Act. It began with the declaration of the vacancy through the Kenya Gazette on January 18, 2021 and a call for applications in the local dailies and online on January 20, 2021.
The JSC received 13 applications for the position of Chief Justice and shortlisted 10 candidates. All nine applicants for the position of Judge of the Supreme Court will be interviewed.
The recruitment of Chief Justice is a matter of great public interest given the central role the Chief Justice plays and its impact on administration of justice and the lives of ordinary Kenyans.
The JSC has been keen to involve the public and other stakeholders at various stages of the process in response to the constitutional requirement of public participation in governance.
To facilitate meaningful public participation, the JSC has prepared a handbook with simplified yet detailed information on the selection process, including a guide for media houses and live broadcast of the interviews.
It has also provided the profiles of the candidates, their sample writings and written memoranda from stakeholders, which have all been posted on the commission’s website for easy access.
The JSC published the list of applicants and shortlisted candidates and invited the public to submit information of interest on the candidates. The commission also engaged various internal and external stakeholders who were invited to share their perspectives on the recruitment and selection process.
Among those consulted are representatives of judges of the Supreme Court and other superior courts, judicial officers and staff, Parliament, the Executive, and county governments.
The JSC also consulted with the Kenya Editors’ Guild, the Law Society of Kenya, the Kenya Private Sector Alliance, academia and the Central Organization of Trade Unions. Civil society organisations that were engaged in this process include the International Commission of Jurists Kenya, FIDA Kenya, Kituo Cha Sheria and Pamoja Trust.
The JSC has also held consultative sessions with faith-based organisations such as the Supreme Council of Kenya Muslims, Kenya Council of Church Alliances and Ministries, Evangelical Alliance of Kenya, the Anglican Church of Kenya, the Catholic Church and the Seventh Day Adventist church.
Background checks and vetting
To ensure compliance with Chapter Six of the Constitution, the JSC invited various agencies with a vetting role to submit information on the suitability of the shortlisted candidates.
These include the Kenya Revenue Authority, Higher Education Loans Board, National Intelligence Service, Directorate of Criminal Investigations, Advocates Complaints Commission, Ethics and Anti-Corruption Commission and Credit Reference Bureaus.
The interviews are scheduled to take place from April 12-23 for the position of Chief Justice, and from April 26-30 for that of Judge of the Supreme Court.
They will take place at the Supreme Court building and the JSC will facilitate media houses to broadcast the sessions live. The public can follow the live interviews through the JSC and the Judiciary’s social media pages.
In accordance with the Judicial Service Act, the JSC will nominate the successful candidates and notify the public within a cumulative 14-day period following the conclusion of the interviews.
