Constitution of Kenya, 2010
103
(ii) three superior court judges from common-law jurisdictions;
(iii) one advocate of fifteen years standing; and
(iv) two other persons with experience in public affairs; or
(b) in the case of a judge other than the Chief Justice, appoint a
tribunal consisting of—
(i) a chairperson and three other members from among
persons who hold or have held office as a judge of a
superior court, or who are qualified to be appointed as
such but who, in either case, have not been members
of the Judicial Service Commission at any time within
the immediately preceding three years;
(ii) one advocate of fifteen years standing; and
(iii) two other persons with experience in public affairs.
(6) Despite Article 160 (4), the remuneration and benefits payable
to a judge who is suspended from office under clause (5) shall be
adjusted to one half until such time as the judge is removed from, or
reinstated in, office.
(7) A tribunal appointed under clause (5) shall—
(a) be responsible for the regulation of its proceedings, subject to
any legislation contemplated in clause (10); and
(b) inquire into the matter expeditiously and report on the facts
and make binding recommendations to the President.
(8) A judge who is aggrieved by a decision of the tribunal under
this Article may appeal against the decision to the Supreme Court,
within ten days after the tribunal makes its recommendations.
(9) The President shall act in accordance
recommendations made by the tribunal on the later of—
with
the
(a) the expiry of the time allowed for an appeal under clause (8),
if no such appeal is taken; or
(b) the completion of all rights of appeal in any proceedings
allowed for under clause (8), if such an appeal is taken and
the final order in the matter affirms the tribunal’s
recommendations.
(10) Parliament shall enact legislation providing for the procedure
of a tribunal appointed under this Article.
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