Constitution of Kenya, 2010 (4) Until the Public Service Commission contemplated in Article 233 is established, a person nominated by the Public Service Commission established under section 106 of the former Constitution shall serve on the Judicial Service Commission but, when the new Public Service Commission is established, the person shall cease to be a member of the Judicial Service Commission and the new Public Service Commission shall nominate a person to serve on the Judicial Service Commission. Establishment of the Supreme Court. 21. (1) The establishment of, and appointment of judges to, the Supreme Court shall be completed within one year after the effective date. (2) Until the Supreme Court is established, the Court of Appeal shall have jurisdiction over matters assigned to the Supreme Court. Judicial proceedings and pending matters. 22. All judicial proceedings pending before any court shall continue to be heard and shall be determined by the same court or a corresponding court established under this Constitution or as directed by the Chief Justice or the Registrar of the High Court. Judges. 23. (1) Within one year after the effective date, Parliament shall enact legislation, which shall operate despite Article 160, 167 and 168, establishing mechanisms and procedures for vetting, within a timeframe to be determined in the legislation, the suitability of all judges and magistrates who were in office on the effective date to continue to serve in accordance with the values and principles set out in Articles 10 and 159. (2) A removal, or a process leading to the removal, of a judge, from office by virtue of the operation of legislation contemplated under subsection (1) shall not be subject to question in, or review by, any court. Chief Justice. 24. (1) The Chief Justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose either— (a) to retire from the judiciary; or (b) subject to the process of vetting under section 23, to continue to serve on the Court of Appeal. 187