JUDICIAL SERVICE COMMISSION KNEC NOTES

JUDICIAL SERVICE COMMISSION

 

Establishment: It is established by Article 171 of the Constitution.

 

Composition/Membership

Under Article 171 (2) or the Act, the Judicial Service Commission shall consist of:

1. The Chief Justice, who shall be the chairperson of the Commission;
2. One Supreme Court judge elected by the judges of the Supreme Court;
3. One Court of Appeal judge elected by the judges of the Court of Appeal;
4. One High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;
5. The Attorney-General;
6. No advocates, one a woman and one a man, each of whom has at least fifteen years experience, elected by the members of the statutory body responsible for the professional mutilation of advocates;
7. One person nominated by the Public Service Commission; and
8. One woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National

The chief Registrar of the Judiciary shall be the Secretary to the Commission,

Members at the Commission, apart from the Chief Justice and the Attorney-General, shall hold office, provided that they remain qualified; for a term of 6 years and shall be eligible to be nominated for one further term of five years.

 

 

POWERS OF THE COMMISSION

 

1. To act independently, must not be under the control or directions of any person or authority.
2. To make rules to regulate its procedure
3. To delegate powers to its members (judges)
4. To act not withstanding a vacancy in its
5. To confer powers and impose duties on public service with the president’s consent.

 

FUNCTIONS OF THE JUDICIAL SERVICE COMMISSION

 

Under Article 72 of the Constitution, the Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall:

1. Recommend to the President persons far appointment as judges;
2. Review and make recommendations on the conditions of service of:-
   1. Judges and judicial officers, other than their remuneration; and
   2. The staff of the Judiciary;

 

3. Appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament;
4. Prepare and implement programmes for the continuing education and training of judges and judicial officers; and
5. Advise the national government on improving the efficiency of the administration of justice. In the performance of its functions, the Commission shall be guided by the following:-
   1. Competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
   2. The promotion of gender

 

Generally, the JSC serves the following functions as well:

 

1. Administration: It is the principal administrative organ of the judiciary i.e. administers the judicial department
2. Advisory: It advises the President on the appointment of Judges of superior courts. Its vote is purely
3. Appointment: It engages-Magistrates, High Court Registrars, Kadhis and other judicial staff e.g. personnel, officers. clerks etc. –
4. Discipline: It disciplines Magistrates, Registrars, Kadhis and other staff of the department.

 

THE ATTORNEY GENERAL

 

Establishment: This office is established by Article 156 (1) of the constitution. It is an office in the public service.

 

Appointment: Under Article 156 (2), the Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. Under Article 156 (3) the qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice, i.e.:

• At least 15 years experience as a superior court judge; or
• At least 15 years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant fecal field

 

POWERS OF THE ATTORNEY GENERAL

 

Under Article 156, the Attorney General

1. Is the principal legal adviser to the Government;
2. Shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and
3. Shall perform any other functions conferred on the office by an Act of Parliament or by the
   • The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court (amicus curie) in any civil proceedings to which the Government is not a
   • He is an ex-officio member of the National
   • He drafts all government
   • He is the head of the bar i.e. most senior lawyer
   • He represents the state in all civil
   • He services the legal needs of other government department
   • He is a member of the Judicial service Commission
   • He sits in the Cabinet
   • He is a member Of the Committee of the prerogative of mercy
   • The Attorney-General shall promote, protect and uphold The rule of law and defend the public
   • The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions

 

 

ADVOCATES

 

Definition: Under section 2(1) of the interpretation and General Provisions Act Cap 2 and the Advocates Act 1989 an advocate is any person whose name has been duly entered as an advocate in the Roll of Advocates.

He has also been defined as a person who has been admitted as an advocate by :Ire Chief Justice. The law relating to Advocates is contained in the Advocates Act 1989

 

Qualifications for admission

To qualify for admission as an advocate, one must:

1. Be a citizen of Kenya
2. Hold a law degree from a recognized University
3. Satisfy the Council of Legal Education examination

 

Procedure for Admission

1. A formal petition must be made to The chief Justice
3. through the high court
4. Copies of the petition must be sent to the Council of legal education and the Law society of Kenya
5. Notice of the petition must be

 

6. The petition must be published in the Kenya Gazette
7. The Chief Justice hears the petition in
8. The petitioner than takes the oath of office in open court
9. The admitted person then signs the roll of

 

Duties of an Advocate

1. Duty to the court: As an officer of the court, an advocate is bound to assist in the administration of justice by urging the law as it
2. Duly of client: An advocate owes a legal duty of care to his clients. He must urge his client’s case in the best manner
3. Duty to his profession: As a member of a profession, an advocate is bound to maintain the highest possible standards of conduct, integrity by observing the law and other
4. Duty to society: As a member of the society, he is bound to assisting its social, political and economic

 

 

THE LAW SOCIETY OF KENYA

 Establishment: It is established by section 3 of the Law Society of Kenya Act, cap 18 as a body corporate by the name Law Society of Kenya. It has perpetual succession, can sue or be sued and has a common seal.

 

Composition/Membership

It consists of:

1. Practicing advocates
2. Non-practicing advocates
3. Special membership
4. Honorary membership

 

The affairs of the society are managed by a council elected by the members.

 

Objectives of the Law Society of Kenya

Under section 4 of the Law Society of Kenya Act, its objects include:

1. To maintain and improve the standards of conduct and learning of the legal profession.
2. To facilitate acquisition of legal knowledge by members and
3. To assist the government and the courts in all matters relating to legal and administration of the
4. To represent, protect and assist members of the legal profession in relation to conditions of practice of law
5. To assist and protect members of the public in all matters touching or incidental to law
6. To raise or borrow money for its purposes
7. To acquire land and other property