Chief Justice of Kenya

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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. He or she is assisted by the Deputy Chief Justice who is also the Deputy President of the Supreme Court.^[1]

The current Chief Justice is David Maraga.

Appointment & Tenure of Office

Before the enactment of the Constitution of Kenya 2010, the President appointed the Chief Justice without any interview process or parliamentary approval. The Chief Justice did not enjoy security of tenure, and could be dismissed at the pleasure of the President.

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. In order to be appointed as the Chief Justice, a person must have at least fifteen years experience as a legal practitioner. At the end of the interviews, the Judicial Service Commission selects one individual whose name is forwarded to Parliament for vetting and approval. If Parliament gives the candidate the green light, he is then formally appointed by the President.

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.^[2] However, the constitutional court declared the amendment unconstitutional, and the President will only receive one name from the Judicial Service Commission.^[3]

Like all Judges, the Chief Justice serves until he reaches 70 years, with an option for early retirement one he reaches 65. No matter his age, an individual may not serve for more than ten years as Chief Justice. 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 Chief Justice may be removed from office if a Tribunal appointed to inquire into his conduct finds that he should not remain in office.

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. 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. 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]

Duties

The Chief Justice performs a wide range of judicial, administrative and ceremonial duties provided for under the Constitution and various statutes.

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. 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 takes part in the selection and recruitment of Judges and Magistrates who are appointed by the Judicial Service Commission which he chairs.

He is also the administrative head of the Judiciary, although the Chief Registrar of the Judiciary is responsible for oversight over administrative matters.

The Chief Justice also presides over the swearing-in of the President, the Deputy President and many other government officials. He also ceremoniously administers the oath that newly qualified lawyers take as they are admitted to the Roll of Advocates.

List of Chief Justices

Source: ^[5]

East Africa Protectorate

№	Name	Term start	Term end	Governor
1	Sir Robert Hamilton	1906	1920	Sadler

Colony and Protectorate of Kenya

№	Name	Term start	Term end
1	Lt. Col. Jacob William Barth	1920	1934
2	Sir Joseph Sheridan	1934	1946
3	Sir John Harry Barclay Nihill^[6]	1947	1950
	Ransley Samuel Thacker^[7]	1950	1951	(acting)
	Paget John Bourke^[8]	1951	1951	(acting)
4	Sir Horace Hector Hearne^[9]	1951	1954
5	Sir Kenneth Kennedy O’Connor^[10]	1954	1957
6	Sir Ronald Ormiston Sinclair	1957	1962
7	Sir John Ainley	1963	1963

Republic of Kenya

№	Name	Term start	Term end	President
1	Sir John Ainley	1963	1968	-
-	Arthur Denis Farrell	1968	1968	-
2	Kitili Mwendwa	1968	1971	Kenyatta
3	Sir James Wicks	1971	1982	Kenyatta
4	Sir Alfred Simpson	1982	1985	Moi
5	Chunilal Madan	1985	1986	Moi
6	Cecil Miller	1986	1989	Moi
7	Allan Hancox	1989	1993	Moi
8	Fred Apaloo	1993	1994	Moi
9	Abdul Majid Cockar	1994	1997	Moi
10	Zachaeus Chesoni	1997	1999	Moi
11	Bernard Chunga	1999	2003	Moi
12	Johnson Gicheru	2003	2007	Kibaki
13	Willy Mutunga	2011	2016	Kibaki
14	David Maraga	2016		Uhuru Kenyatta

References

↑ "Supreme Court Overview". The Judiciary. Republic of Kenya. Archived from the original on 2016-05-01.
↑ http://www.standardmedia.co.ke/article/2000187808/odm-mps-oppose-changes-to-law-on-hiring-chief-justice
↑ http://www.nation.co.ke/news/President-power-to-hire-Chief-Justice-quashed/-/1056/3220654/-/38n48kz/-/index.html
↑ Munguti, Richard; Ochieng, Abuid (2016-06-16). "Judge Mohamed Ibrahim named acting Supreme Court president". Daily Nation. Nairobi. Archived from the original on 2016-08-21. Retrieved 2016-10-19. Justice Mohamed Ibrahim will act as Supreme Court president following the exit of Willy Mutunga.
↑ "Our History". Republic of Kenya. Retrieved 2 October 2015.
↑ Rennie, G.M. (May 6, 1947). "Government Notice No 438". The Official Gazette of the Colony and Protectorate of Kenya. 49 (19). Nairobi. p. 2. Retrieved 2016-06-22.
↑ Mitchell, P.E. (January 2, 1951). "Government Notice No 1416 of 1950". The Official Gazette of the Colony and Protectorate of Kenya. 53 (1). Nairobi. p. 1. Retrieved 2016-06-22.
↑ Hartwell, C.H. (May 22, 1951). "Government Notice No 570". The Official Gazette of the Colony and Protectorate of Kenya. 53 (26). Nairobi. p. 1. Retrieved 2016-06-22. His Honour Mr Justice Paget Bourke to act as Chief Justice, His Majesty's Supreme Court of the Colony and Protectorate of Kenya, with effect from 9th May, 1951.
↑ Mitchell, P.E. (May 29, 1951). "Government Notice No 593". The Official Gazette of the Colony and Protectorate of Kenya. 53 (27). Nairobi. p. 1. Retrieved 2016-06-22.
↑ "The Church House, Westminster, S.W.1 5th February, 1954" (pdf). The London Gazette (40110). London. February 23, 1954. p. 10. Archived (PDF) from the original on 2016-06-23. Retrieved 2016-06-23.

Supreme Court of Kenya

The Court

Current
membership

Chief Justice and President of the Court	David Maraga

Deputy Chief Justice and Deputy President of the Court	Vacant

Associate Justices	One Vacancy Jackton Boma Ojwang Mohamed Khadhar Ibrahim Smokin Wanjala Njoki Susanna Ndung'u

Other countries
Law Portal

Chief Justices of Kenya

East Africa Protectorate	Hamilton

Kenya Colony	Barth Sheridan Nihill Hearne O'Connor Sinclair Ainley

Republic of Kenya	Ainley Mwendwa Wicks Simpson Madan Miller Hancox Apaloo Cockar Chesoni Chunga Gicheru Mutunga Maraga

Chief Justices of the Territories of the British Empire and the United Kingdom

Legend: Current territory; Former territory; * Now a Commonwealth realm; Now a member of the Commonwealth of Nations

Europe

Since 1234 England and Wales Since c.1200 Scotland 1175-1921 Ireland 1708–1757 Minorca Since 1713 Gibraltar 1763–1782 Minorca 1798–1802 Minorca 1800–1813 Malta (Protectorate) 1813–1964 Malta (Colony) 1807–1890 Heligoland 1809–1864 Ionian Islands 1878–1960 Cyprus 1921–1937 Irish Free State Since 1922 Northern Ireland

North America

17th century and before		18th century	19th and 20th century

1579 New Albion 1583–1907 Newfoundland 1605–1979 *Saint Lucia 1607–1776 Virginia Since 1619 Bermuda 1620–1691 Plymouth Colony 1623–1883 Saint Kitts *(Saint Kitts & Nevis) 1624–1966 *Barbados 1625–1650 Saint Croix 1627–1979 *Saint Vincent and the Grenadines 1628–1883 Nevis *(Saint Kitts & Nevis) 1629–1691 Massachusetts Bay Colony 1632–1776 Maryland since 1632 Montserrat 1632–1860 Antigua *(Antigua & Barbuda) 1636–1776 Connecticut 1636–1776 Rhode Island 1637–1662 New Haven Colony	1643–1860 Bay Islands Since 1650 Anguilla 1655–1850 Mosquito Coast (protectorate) 1655–1962 *Jamaica 1663–1712 Carolina 1664–1776 New York 1665–1674 and 1702–1776 New Jersey Since 1666 British Virgin Islands Since 1670 Cayman Islands 1670–1973 *Bahamas 1670–1870 Rupert's Land 1671–1816 Leeward Islands 1674–1702 East Jersey 1674–1702 West Jersey 1680–1776 New Hampshire 1681–1776 Pennsylvania 1686–1689 Dominion of New England 1691–1776 Massachusetts	1701–1776 Delaware 1712–1776 North Carolina 1712–1776 South Carolina 1713–1867 Nova Scotia 1733–1776 Georgia 1754–1820 Cape Breton Island 1762–1974 *Grenada 1763–1978 Dominica 1763–1873 Prince Edward Island 1763–1791 Quebec 1763–1783 East Florida 1763–1783 West Florida 1784–1867 New Brunswick 1791–1841 Lower Canada 1791–1841 Upper Canada Since 1799 Turks and Caicos Islands	1818–1846 Columbia District/Oregon Country¹ 1833–1960 Windward Islands 1833–1960 Leeward Islands 1841–1867 Province of Canada 1849–1866 Vancouver Island 1853–1863 Colony of the Queen Charlotte Islands 1858–1866 British Columbia 1859–1870 North-Western Territory 1860–1981 *British Antigua and Barbuda 1862–1863 Stikine Territory 1866–1871 Vancouver Island and British Columbia 1867–1931 *Dominion of Canada² 1871–1964 British Honduras (*Belize) 1882–1983 *Saint Kitts and Nevis 1889–1962 Trinidad and Tobago 1907–1949 Dominion of Newfoundland³ 1958–1962 West Indies Federation

1. Occupied jointly with the United States.
2. In 1931, Canada and other British dominions obtained self-government through the Statute of Westminster. See Canada's name.
3. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

South America

1651–1667 Willoughbyland (Suriname) 1670–1688 Saint Andrew and Providence Islands⁴ 1831–1966 British Guiana (Guyana) Since 1833 Falkland Islands⁵ Since 1908 South Georgia and the South Sandwich Islands⁵

4. Now the San Andrés y Providencia Department of Colombia. 5. Occupied by Argentina during the Falklands War of April–June 1982.

Africa

17th and 18th centuries	19th century		20th century

Since 1658 Saint Helena¹⁴ 1792–1961 Sierra Leone 1795–1803 Cape Colony	Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ 1806–1910 Cape Colony 1807–1808 Madeira 1810–1968 Mauritius 1816–1965 The Gambia 1856–1910 Natal 1868–1966 Basutoland (Lesotho) 1874–1957 Gold Coast (Ghana) 1882–1922 Egypt	1884–1966 Bechuanaland (Botswana) 1884–1960 British Somaliland 1887–1897 Zululand 1890–1962 Uganda 1890–1963 Zanzibar (Tanzania) 1891–1964 Nyasaland (Malawi) 1891–1907 British Central Africa Protectorate 1893–1968 Swaziland 1895–1920 East Africa Protectorate 1899–1956 Anglo-Egyptian Sudan	1900–1914 Northern Nigeria 1900–1914 Southern Nigeria 1900–1910 Orange River Colony 1900–1910 Transvaal Colony 1903–1976 Seychelles 1906–1954 Nigeria Colony 1910–1931 South Africa 1914–1954 Nigeria Colony and Protectorate 1915–1931 South West Africa (Namibia) 1919–1960 Cameroons (Cameroon)⁶ 1920–1963 Kenya 1922–1961 Tanganyika (Tanzania)⁶ 1923–1965 Southern Rhodesia (Zimbabwe)⁷ 1924–1964 Northern Rhodesia (Zambia) 1953–1963 Federation of Rhodesia and Nyasaland 1954–1960 Nigeria 1979–1980 Southern Rhodesia (Zimbabwe)⁷

6. League of Nations mandate.
7. Self-governing Southern Rhodesia unilaterally declared independence in 1965 (as Rhodesia) and continued as an unrecognised state until the 1979 Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century

1685–1824 Bencoolen (Sumatra) 1702–1705 Pulo Condore 1757-1862 Bengal (to 1862) 1862–1947 Bengal (from 1862) (West Bengal (India) and Bangladesh) 1762–1764 Manila and Cavite 1786–1946 Penang (Malaysia) 1795–1948 Ceylon (Sri Lanka) 1796–1965 Maldives	1812–1824 Banka (Sumatra) and Billiton (Sumatra) 1819–1826 British Malaya (West Malaysia and Singapore) 1826–1946 Straits Settlements (Malaysia and Singapore) 1839–1967 Colony of Aden 1839–1842 Afghanistan 1841–1997 Hong Kong 1841–1946 Kingdom of Sarawak (Malaysia) 1848–1946 Labuan (Malaysia) 1858–1947 British India (India, Pakistan and Bangladesh, Burma) • Bombay • Calcutta • Madras • North-Western Provinces/Allahabad) 1874–1963 British Borneo (East Malaysia and Brunei)	1879–1919 Afghanistan (protectorate) 1882–1963 British North Borneo (Malaysia) 1885–1946 Unfederated Malay States 1888–1984 Sultanate of Brunei 1891–1971 Muscat and Oman protectorate 1892–1971 Trucial States 1895–1946 Federated Malay States 1898–1930 Weihai Garrison	1907–1949 Bhutan (protectorate) 1918–1961 Kuwait protectorate 1920–1932 Iraq⁸ 1921–1946 Transjordan⁸ 1923–1948 Palestine⁸ 1945–1946 South Vietnam 1946–1963 North Borneo (Malaysia) 1946–1963 Sarawak (Malaysia) 1946–1963 Singapore 1946–1948 Malayan Union 1948–1957 Federation of Malaya (Malaysia) Since 1960 Akrotiri and Dhekelia (before as part of Cyprus) Since 1965 British Indian Ocean Territory (before as part of Mauritius and the Seychelles)

⁸ League of Nations mandate. Iraq's mandate was not enacted and replaced by the Anglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century

1788–1901 New South Wales 1803–1901 Tasmania 1807–1863 Auckland Islands⁹ 1824–1980 New Hebrides (Vanuatu) 1824–1901 Queensland 1829–1901 Western Australia 1836–1901 South Australia since 1838 Pitcairn Islands	1841–1907 Colony of New Zealand 1851–1901 Victoria 1874–1970 Fiji¹⁰ 1877–1976 British Western Pacific Territories 1884–1949 Territory of Papua 1888–1901 Cook Islands⁹ 1889–1948 Union Islands (Tokelau)⁹ 1892–1979 Gilbert and Ellice Islands¹¹ 1893–1978 British Solomon Islands¹²	1900–1970 Tonga (protected state) 1900–1974 Niue⁹ 1901–1942 Commonwealth of AustraliaNorthern Territory 1907–1953 *Dominion of New Zealand 1919–1942 Nauru 1945–1968 Nauru 1919–1949 Territory of New Guinea 1949–1975 Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. Now Kiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic

Since 1658 Saint Helena¹⁴ Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ Since 1908 British Antarctic Territory¹⁵ 1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand)

14. Since 2009 part of Saint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).

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