# Article 162 of the Constitution of Kenya

- Jurisdiction: Kenya (KE)
- Article: 162
- Chapter (as indexed): Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL
- Source document: The Kenya Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/ec6a04a0-95c1-4312-b644-0946c475da2d
- This document: https://www.portablelaw.com/provision/ec6a04a0-95c1-4312-b644-0946c475da2d/md
- Constitution: https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028

## Verbatim text

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(6)  The  High  Court  has  supervisory  jurisdiction  over  the
subordinate courts and over any person, body or authority exercising a
judicial or quasi-judicial function, but not over a superior court.
(7) For the purposes of clause (6), the High Court may call for the
record of any proceedings before any subordinate court or person,
body or authority referred to in clause (6), and may make any order or
give  any  direction  it  considers  appropriate  to  ensure  the  fair
administration of justice.
Appointment of Chief Justice, Deputy Chief Justice and other
judges.
166. (1) The President shall appoint—
(a) the Chief Justice and the Deputy Chief Justice, in accordance
with the recommendation of the Judicial Service Commission,
and subject to the approval of the National Assembly; and
(b) all other judges, in accordance with the recommendation of
the Judicial Service Commission.
(2) Each judge of a superior court shall be appointed from among
persons who—
(a)  hold  a  law  degree  from  a  recognised  university,  or  are
advocates  of  the  High  Court  of  Kenya,  or  possess  an
equivalent qualification in a common-law jurisdiction;
(b) possess the experience required under clause (3) to (6) as
applicable,  irrespective  of  whether  that  experience  was
gained in Kenya or in another Commonwealth common-law
jurisdiction; and99
Constitution of Kenya, 2010
(c) have a high moral character, integrity and impartiality.
(3) The Chief Justice and other judges of the Supreme Court
shall be appointed from among persons who have—
(a) at least fifteen years experience as a superior court judge; or
(b) at least fifteen years’ experience as a distinguished academic,
judicial officer, legal practitioner or such experience in other
relevant legal field; or
(c) held the qualifications specified in paragraphs ( a) and (b) for a
period amounting, in the aggregate, to fifteen years.
(4) Each judge of the Court of Appeal shall be appointed from
among persons who have—
(a) at least ten years’ experience as  a superior court judge; or
(b) at least ten years’ experience as a distinguished academic or
legal practitioner or such experience in other relevant legal
field; or
(c) held the qualifications mentioned in paragraphs ( a) and (b) for
a period amounting, in the aggregate, to ten years.
(5) Each judge of the High Court shall be appointed from among
persons who have—
(a) at least ten years’ experience as a superior court judge or
professionally qualified magistrate; or
(b) at least ten years’ experience as a distinguished academic or
legal practitioner or such experience in other relevant legal
field; or
(c) held the qualifications  specified in paragraphs ( a) and (b) for
a period amounting, in the aggregate, to ten years.
Tenure of office of the Chief Justice and other judges.
167. (1) A judge shall retire from office on attaining the age of
seventy years, but may elect to retire at any time after attaining the
age of sixty-five years.
(2) The Chief Justice shall hold office for a maximum of ten years
or until retiring under clause (1), whichever is the earlier.
(3) If the Chief Justice’s term of office expires before the Chief
Justice retires under clause (1), the Chief Justice may continue in  100
Constitution of Kenya, 2010
office as a judge of the Supreme Court.
(4) If, on the expiry of the term of office of a Chief Justice, the
Chief Justice opts to remain on the Supreme Court under clause (3),
the  next  person  appointed  as  Chief  Justice  may  be  selected  in
accordance with Article 166 (1), even though that appointment may
result in there being more than the maximum permitted number of
Supreme Court judges holding office.
(5) The Chief Justice and any other judge may resign from office
by giving notice, in writing, to the President.
Removal from office.
168. (1) A judge of a superior court may be removed from office
only on the grounds of—
(a) inability to perform the functions of office arising from mental
or physical incapacity;
(b) a breach of a code of conduct prescribed for judges of the
superior courts by an Act of Parliament;
(c) bankruptcy;
(d) incompetence; or
(e) gross misconduct or misbehaviour.
(2) The removal of a judge may be initiated only by the Judicial
Service Commission acting on its own motion, or on the petition of any
person to the Judicial Service Commission.
(3) A petition by a person to the Judicial Service Commission
under  clause  (2)  shall  be  in  writing,  setting  out  the  alleged  facts
constituting the grounds for the judges removal.
(4) The Judicial Service Commission shall consider the petition
and, if it is satisfied that the petition discloses a ground for removal
under clause (1), send the petition to the President.
(5) The President shall, within fourteen days after receiving the
petition, suspend the judge from office and, acting in accordance with
the recommendation of the Judicial Service Commission—
(a) in the case of the Chief Justice, appoint a tribunal consisting
of—
(i) the Speaker of the National Assembly, as chairperson;101
Constitution of Kenya, 2010
(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  with  the
recommendations made by the tribunal on the later of—
(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.102
Constitution of Kenya, 2010
PART 3—SUBORDINATE COURTS
Subordinate courts.
169. (1) The subordinate courts are—
(a) the Magistrates courts;
(b) the Kadhis’ courts;
(c) the Courts Martial; and
(d) any other court or local tribunal as may be established by an
Act  of  Parliament,  other  than  the  courts  established  as
required by Article 162 (2).
(2)  Parliament  shall  enact  legislation  conferring  jurisdiction,
functions and powers on the courts established under clause (1).
Kadhis’ Courts.
170. (1) There shall be a Chief Kadhi and such number, being not
fewer than three, of other Kadhis as may be prescribed under an Act of
Parliament.
(2) A person shall not be qualified to be appointed to hold or act
in the office of Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to
any sects of Muslims as qualifies the person, in the opinion of
the Judicial Service Commission, to hold a Kadhi’s court.
(3) Parliament shall establish Kadhis’ courts, each of which shall
have the jurisdiction and powers conferred on it by legislation, subject
to clause (5).
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and
such of the other Kadhis (not being fewer than three in number) as
may  be  prescribed  under  an  Act  of  Parliament,  shall  each  be
empowered to hold a Kadhi’s court having jurisdiction within Kenya.
(5)  The  jurisdiction  of  a Kadhis’ court  shall  be  limited  to  the
determination of questions of Muslim law relating to personal status,
marriage, divorce or inheritance in proceedings in which all the parties
profess the Muslim religion and submit to the jurisdiction of the Kadhi’s
courts.103
Constitution of Kenya, 2010
PART 4—JUDICIAL SERVICE COMMISSION
Establishment of the Judicial Service Commission.
171. (1) There is established the Judicial Service Commission.
(2) The Commission shall consist of—
(a)  the  Chief  Justice,  who  shall  be  the  chairperson  of  the
Commission;
(b)  one  Supreme  Court  judge  elected  by  the  judges  of  the
Supreme Court;
(c) one Court of Appeal judge elected by the judges of the Court
of Appeal;
(d) 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;
(e) the Attorney-General;
(f) two 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 regulation of advocates;
(g) one person nominated by the Public Service Commission;
and
(h) one woman and one man to represent the public, not being
lawyers, appointed by the President with the approval of the
National Assembly.
(3) The Chief Registrar of the Judiciary shall be the Secretary to
the Commission.
(4) Members of the Commission, apart from the Chief Justice and
the  Attorney-General,  shall  hold  office,  provided  that  they  remain
qualified, for a term of five years and shall be eligible to be nominated
for one further term of five years.
Functions of the Judicial Service Commission.
172. (1)  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—
(a)  recommend  to  the  President  persons  for  appointment  as
judges;104
Constitution of Kenya, 2010
(b)  review  and  make  recommendations  on  the  conditions  of
service of—
(i)judges  and  judicial  officers,  other  than  their
remuneration; and
(ii)the staff of the  Judiciary;
(c) 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;
(d)  prepare  and  implement  programmes  for  the  continuing
education and training of judges and judicial officers; and
(e) advise the national government on improving the efficiency of
the administration of justice.
(2) In the performance of its functions, the Commission shall be
guided by the following—
(a) competitiveness and transparent processes of appointment of
judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality.
Judiciary Fund.
173. (1) There is established a fund to be known as the Judiciary
Fund  which  shall  be  administered  by  the  Chief  Registrar  of  the
Judiciary.
(2) The Fund shall be used for administrative expenses of the
Judiciary  and  such  other  purposes  as  may  be  necessary  for  the
discharge of the functions of the Judiciary.
(3)  Each  financial  year,  the  Chief  Registrar  shall  prepare
estimates of expenditure for the following year, and submit them to the
National Assembly for approval.
(4) On approval of the estimates by the National Assembly, the
expenditure of the Judiciary shall be a charge on the Consolidated
Fund and the funds shall be paid directly into the Judiciary Fund.
(5) Parliament shall enact legislation to provide for the regulation
of the Fund.105
Constitution of Kenya, 2010
CHAPTER ELEVEN—DEVOLVED GOVERNMENT
PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT
Objects of devolution.
174. The objects of the devolution of government are—
(a) to promote democratic and accountable exercise of power;
(b) to foster national unity by recognising diversity;
(c) to give powers of self-governance to the people and enhance
the participation of the people in the exercise of the powers of
the State and in making decisions affecting them;
(d) to recognise the right of communities to manage their own
affairs and to further their development;
(e) to protect and promote the interests and rights of minorities
and marginalised communities;
(f)  to  promote  social  and  economic  development  and  the
provision of proximate, easily accessible services throughout
Kenya;
(g) to ensure equitable sharing of national and local resources
throughout Kenya;
(h)  to  facilitate  the  decentralisation  of  State  organs,  their
functions and services, from the capital of Kenya; and
(i)to  enhance  checks  and  balances  and  the  separation  of
powers.
Principles of devolved government.
175. County  governments  established  under  this  Constitution
shall reflect the following principles—
(a) county governments shall be based on democratic principles
and the separation of powers;
(b) county governments shall have reliable sources of revenue to
enable them to govern and deliver services effectively; and
(c) no more than two-thirds of the members of representative
bodies  in  each  county  government  shall  be  of  the  same
gender.106
Constitution of Kenya, 2010
PART 2—COUNTY GOVERNMENTS
County governments.
176. (1) There shall be a county government for each county,
consisting of a county assembly and a county executive.
(2) Every county government shall decentralise its functions and
the  provision  of  its  services  to  the  extent  that  it  is  efficient  and
practicable to do so.
Membership of county assembly.
177. (1) A county assembly consists of—
(a) members elected by the registered voters of the wards, each
ward constituting a single member constituency, on the same
day as a general election of Members of Parliament, being
the second Tuesday in August, in every fifth year;
(b) the number of special seat members necessary to ensure that
no more than two-thirds of the membership of the assembly
are of the same gender;
(c) the number of members of marginalised groups, including
persons with disabilities and the youth, prescribed by an Act
of Parliament; and
(d) the Speaker, who is an ex officio member.
(2) The members contemplated in clause (1) ( b) and (c) shall, in
each case, be nominated by political parties in proportion to the seats
received in that election in that county by each political party under
paragraph (a) in accordance with Article 90.
(3)  The  filling  of  special  seats  under  clause  (1)  ( b)  shall  be
determined after declaration of elected members from each ward.
(4) A county assembly is elected for a term of five years.
Speaker of a county assembly.
178. (1) Each county assembly shall have a speaker elected by
the county assembly from among persons who are not members of the
assembly.
(2) A sitting of the county assembly shall be presided over by—
(a) the speaker of the assembly; or
(b)  in  the  absence  of  the  speaker,  another  member  of  the
assembly elected by the assembly.107
Constitution of Kenya, 2010
(3) Parliament shall enact legislation providing for the election
and removal from office of speakers of the county assemblies.
County executive committees.
179. (1) The executive authority of the county is vested in, and
exercised by, a county executive committee.
(2) The county executive committee consists of—
(a) the county governor and the deputy county governor; and
(b) members appointed by the county governor, with the approval
of the assembly, from among persons who are not members
of the assembly.
(3) The number of members appointed under clause (2) ( b) shall
not exceed—
(a) one-third of the number of members of the county assembly, if
the assembly has less than thirty members; or
(b) ten, if the assembly has thirty or more members.
(4) The county governor and the deputy county governor are the
chief executive and deputy chief executive of the county, respectively.
(5)  When  the  county  governor  is  absent,  the  deputy  county
governor shall act as the county governor.
(6) Members of a county executive committee are accountable to
the county governor for the performance of their functions and exercise
of their powers.
(7) If a vacancy arises in the office of the county governor, the
members of the county executive committee appointed under clause
(2) (b) cease to hold office.
Election of county governor and deputy county governor.
180. (1) The county governor shall be directly elected by the
voters registered in the county, on the same day as a general election
of Members of Parliament, being the second Tuesday in August, in
every fifth year.
(2) To be eligible for election as county governor, a person must
be eligible for election as a member of the county assembly.
(3) If only one candidate for county governor is nominated, that
candidate shall be declared elected.108
Constitution of Kenya, 2010
(4) If two or more candidates are nominated, an election shall be
held in the county and the candidate who receives the greatest number
of votes shall be declared elected.
(5)  Each  candidate  for  election  as  county  governor  shall
nominate  a  person  who  is  qualified  for  nomination  for election  as
county governor as a candidate for deputy governor.
(6) The Independent Electoral and Boundaries Commission shall
not  conduct  a  separate  election  for  the  deputy  governor  but  shall
declare the candidate nominated by the person who is elected county
governor to have been elected as the deputy governor.
(7) A person shall not hold office—
(a) as a county governor for more than two terms; or
(b) as a deputy county governor for more than two terms.
(8) For the purposes of clause (7), a person who has assumed
the office of county governor shall be deemed to have served a full
term, subject only to Article 182 (3) ( b).
Removal of a county governor.
181. (1) A county governor may be removed from office on any of
the following grounds—
(a) gross violation of this Constitution or any other law;
(b) where there are serious reasons for believing that the county
governor  has  committed  a  crime  under  national  or
international law;
(c) abuse of office or gross misconduct; or
(d) physical or mental incapacity to perform the functions of office
of county governor.
(2) Parliament shall enact legislation providing for the procedure
of removal of a county governor on any of the grounds specified in
clause (1).
Vacancy in the office of county governor.
182. (1) The office of the county governor shall become vacant if
the holder of the office—
(a) dies;109
Constitution of Kenya, 2010
(b) resigns, in writing, addressed to the speaker of the county
assembly;
(c) ceases to be eligible to be elected county governor under
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## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 162 of the Constitution of Kenya.
- The index files it under the chapter heading “Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL”.
- The passage runs to about 3,112 words.
- Read plainly, it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “impartiality”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equality”); it mentions conscience and religion — it protects belief, conscience, religion or worship (the words used: “religion”); it mentions education — it concerns education, schooling or training (the words used: “education”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “remuneration”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“(2).”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 17 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Kenya, article 162, Portable Lawyer, https://www.portablelaw.com/provision/ec6a04a0-95c1-4312-b644-0946c475da2d (accessed 27 September 2026).

## Related

- [Constitution of Kenya](https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028)
- [Kenya on Portable Lawyer](https://www.portablelaw.com/countries/03fe64e6-7dc2-4959-950b-e59f32a20028)
- [HTML version of this provision](https://www.portablelaw.com/provision/ec6a04a0-95c1-4312-b644-0946c475da2d)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 162 of the Constitution of Kenya (chapter: “Chapter EIGHTEEN: —TRANSITIONAL AND CONSEQUENTIAL”). (6) The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a…