Deputy Chief Justice of Kenya

The Deputy Chief Justice of Kenya Is a judge in The Constitutional Court of Kenya and the second-highest judicial post in the Republic of Kenya, after the Chief Justice. The post, originally called "Deputy President of the Constitutional Court", was created by the Constitution of the Republic of Kenya.The current Deputy Chief Justice if Kenya is Justice Phelomena Mwilu.

Vacancy in the office of the Chief Justice of Kenya

In the event of a vacancy in the office of the Chief Justice, theDeputy Chief Justiceperforms the role in an acting capacity until a new Chief Justice is named. Wherethe Deputy Chief Justice position is also vacant, the senior-most Associate Justiceof the Supreme Court will act as the President of the Supreme Court until a Chief Justice is named. An example of this occurred in 2016, when the senior Associate JusticeMohamed Ibrahimacted as the President of the Supreme Court following the early retirement of Chief JusticeWilly Mutungawho turned 69 in June 2016, and the retirement of Deputy Chief JusticeKalpana Rawalwho turned 70 in January 2016.

Removal from Office of the Chief Justice Of Kenya

The Chief Justice may be removed from office if a Tribunal appointed to inquire into his conduct finds that he should not remain in office.
The CJ  can also be removed from office by death or on attainment of age 70 whichever occurs first or by impeachment

Who Appoints the Chief Justice in Kenya

Under the new Constitution, the Chief Justice is formally appointed by the President but is selected by theJudicial Service Commissionfollowing a competitive process involving a vacancy announcement, shortlisting of applicants and interviews. In order to be appointed as the Chief Justice, a person must have at least fifteen years experience as a legalpractitioner. At the end of the interviews, the Judicial Service Commission selects one individual whose name is forwarded to Parliament for vetting and approval. If Parliament gives the candidate the green light, he is then formally appointed by the President.

Tenure of Chief Justice: When Does the Term of the Chief Justice of Kenya End?

Like all Judges, the Chief Justice serves until he reaches 70 years, with an option for early retirement one he reaches 65.
No Matter his age, an individual may not serve for more than ten years as Chief Justice. As such, an individual who servesfor ten years as Chief Justice must retire from the office of the Chief Justice even ifhe is not yet 70, but may opt to stay on theSupreme Court as an Associate Justice until he reaches 70.

Functions of the Chief Justice of Kenya

The Chief Justice performs a wide range of judicial, administrative and ceremonial duties provided for under the Constitution and various statutes.

As the President and head of the Supreme Court of Kenya, he sits on the bench of the court and gives directions on which Associate Justices are to preside over cases.

As the Chairperson of the Judicial Service Commission, he has a lead role in setting policies for the administration of justice and the running of the judicial arm.

He also takes part in the selection and recruitment of Judges and Magistrates who are appointed by the Judicial Service Commission which he chairs.

He is also the administrative head of the Judiciary, although the Chief Registrar of the Judiciary is responsible for oversight over administrative matters.

The Chief Justice also presides over the swearing-in of the President, the Deputy President and many other government officials.

He also ceremoniously administers the oath that newly qualified lawyers take as they are admitted to the Roll of Advocates.

Facts about the Chief Justice of Kenya

The Chief Justice Is the presiding member of a supreme court.The Supreme Court of Kenya is the highest court in Kenya and its decision is final.

Facts about Chief Justice David Maraga.
He is the 14th Chief Justice of Kenya
1. Justice Maraga is the 14th Chief Justice of the Republic of Kenya and the President of the Supreme Court. He is currently leading a seven judge bench in determining the presidential election petition.
​2. He was born on January 12, 1951 in Bonyamatuta, Nyamira County and schooled in Sironga District Education Boards (DEB) Primary School located at Bogichora in Nyamira County from 1961 to 1967 where he was awarded Certificate of Primary Education (CPE).
3. In 1968, he proceeded for his O-level education, the East African School Certificate at Maranda High School in Siaya County. Thereafter in 1972, he joined Kisii High School for the East African Advanced Certificate, A level at Kisii High School.
4. After graduation, he joined the Kenya School of Law and pursued a Diploma in Legal Practice ushering him into the skills and knowledge of law. In 1974, Maraga was a law student at the University of Nairobi and hewas awarded a bachelor’s degree. Later, he obtained his Masters of Laws from the same University.
5. With the position of the Chief Justice age-limit of 70, Maraga will only serve for one term and the judicial service commission will interview applicants for his replacement.
6. Being a staunch Seventh Day Adventist has categorical he has said he cannot work on Saturday in line with his Sabbath day Adventist faith. He said he cannot compromise church for work.

Appointment of the Chief Justice
The Chief Justice of Kenya is nominated by the President of the Republic of Kenya upon recommendation by the Judicial Service Commission.
Since he was appointed to a judicial office before the 2010 Constitution of Kenya came into force, Justice Maraga went through the mandatory vetting by The Judges & Magistrates Vetting Board In 2012. The Vetting Board unanimously declared him fit to continue serving in office, though his vetting took a dramatic twist when he demanded a Bible and swore before the vetting panel that he had never taken a bribe in his judicial career and would never take bribes in future.. Judge Maraga emerged victorious from a list of eminent judges, legal practitioners and scholars, including law professorMakau Mutua, Supreme Court of Kenya JudgesJackton OjwangandSmokin Wanjala, East Africa Court of Justice JudgeAaron Ringera, and his Court of Appeal colleague Alnashir Visram

Removal of the Chief Justice
The CJ holds office at the pleasure of the Kenyan constitution and can only be removed from office by death or on attainment of age 70 whichever occurs first or by impeachment

Oath of Office
The Chief Justice typically administers the oath of office at the inauguration of the President of Kenya.
If the Chief Justice is ill or incapacitated, the oath is usually administered by the next senior member of the Supreme Court.
In addition, the Chief Justice ordinarily administers the oath of office to newly appointed and confirmed associate justices, whereas the senior associate justice will normally swear in a new Chief Justice or vice president.