Constitution of Kenya, 2010
186
Provincial Administration.
17. Within five years after the effective date, the national
government shall restructure the system of administration commonly
known as the provincial administration to accord with and respect the
system of devolved government established under this Constitution.
Local Authorities.
18. All local authorities established under the Local Government
Act (Cap. 265) existing immediately before the effective date shall
continue to exist subject to any law that might be enacted.
PART 5—ADMINISTRATION OF JUSTICE
Rules for the enforcement of the Bill of Rights.
19. Until the Chief Justice makes the rules contemplated by
Article 22, the Rules for the enforcement of the fundamental rights and
freedoms under section 84 (6) of the former Constitution shall continue
in force with the alterations, adaptations, qualifications and exceptions
as may be necessary to bring them into conformity with Article 22.
The Judicial Service Commission.
20. (1) The Judicial Service Commission shall be appointed
within sixty days after the effective date and the Commission shall be
deemed to be properly constituted under this Constitution despite the
fact that there may be a vacancy in its membership because of any of
the bodies nominating or electing members have not done so.
(2) Despite subsection (1), the Judicial Service Commission may
not perform its functions unless five members have been appointed.
(3) To ensure continuity in the operation of the Judicial Service
Commission, despite Article 171 (4), when the Commission is first
constituted the following members shall be appointed to serve for three
years only—
(a) the Court of Appeal judge appointed under Article 171 (4) (c);
(b) the High Court judge appointed under Article 171 (4) (d);
(c) one of the advocates appointed under Article 171 (4) (f), to be
identified by the statutory body responsible for the
professional regulation of advocates; and
(d) one of the members appointed by the President under Article
171 (4) (h), to be identified by the President.
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