MARAGA SUCCESSOR

Judiciary starts search for new CJ

Applicants must be advocates of the High Court with 15 years experience.

In Summary
  • Interested candidates must have high moral character, integrity and impartiality.
  • The successful candidate will get a gross salary of between Sh990,000 and Sh1,327,888 minus allowances. 
Supreme Court of Kenya
VACANCY: Supreme Court of Kenya
Image: FILE

The Judiciary has announced the recruitment of retired Chief Justice David Maraga’s successor.

The gazette notice signed by acting CJ Philomena Mwilu comes a week after Maraga retired.

The notice that declares the office vacant invites those interested in the position to put in their application for consideration by the Judicial Service Commission.

Applicants must be advocates of the High Court with 15 years experience or be High Court or Appeal Court judges or experience as a distinguished academic, judicial officer, legal practitioner or such relevant experience in other relevant field. 

Interested candidates must have high moral character, integrity and impartiality as well as meet requirements of Chapter six of the Constitution on Leadership and Integrity.  

Among the persons who have expressed interest are Senior Counsel and former Director of Public Prosecutions Philip Murgor. Others being mentioned include Justice Mwilu, Court of Appeal President William Ouko, Attorney General Kihara Kariuki and his predecessor Prof Githu Muigai. 

The successful candidate will get a gross salary of between Sh990,000 and Sh1,327,888 minus allowances. 

The holder of the office of the CJ will be tasked with heading Judiciary, which is the third arm of government, chair the JSC and serve as president of the Supreme Court.

In 2016, Justice Maraga beat 13 other candidates to succeed Willy Mutunga, who retired a year early. 

The JSC had planned to commence the recruitment in October last year, six months to the retirement of justice Maraga but the move was thwarted by the CJ and a section of the members of the commission, arguing that it was against the law.

A full JSC meeting to discuss the matter was cancelled at the last minute and was never called again until Maraga finished his term.

The JSC faction that opposed the early start of recruitment process was of the view that it was against the law.

The law does not provide for advance recruitment of the Chief Justice until the mandate of the office holder expires.

The law only anticipates a vacancy when the holder resigns, dies, retires or attains the age of 70 years or is removed as prescribed by law. 

The JSC Act provides for the transparent recruitment of judges including the Chief Justice that the JSC shall constitute a selection panel consisting of at least five members. 

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