This time round, the recruitment will be led by the Judicial Service Commission and will start within 14 days after Sunday. The first step will be a notice of vacancy which will be published in the Kenyan Gazette.
According to the Judicial Service Act which was passed recently and which provides guidelines for the recruitment of judges and deputy CJ, the JSC will also post a notice on its website and send the notice to Law Society of Kenya and “any other lawyer professional associations.”
The advertisement will describe the vacancy, state all constitutional and statutory requirements, invite all qualified persons to apply, inform all interested persons to how to obtain applications and set deadline for submission which shall not be more than 21 days.
In the applications, all interested candidates will provide information on their previous employment, legal practice, financial discipline, community service, pro bono activity, criminal record and other non-legal interests they may be involved in.
They are also required to give a sample of any legal writings they may have authored and declare their income and liabilities at the time of applications. The Law Society of Kenay may also submit their member’s applications.
All applicants will be put through a rigorous vetting process awaits them. In the first 14 days, the commission will review the applications for completeness and conformity with the necessary requirements.
After that and within the next 21 days, the commission will verify and supplement information presented by the applicants by communicating to all of their referees and former employers to comment on the applicants. “The commission shall, within 30 days of the reference check, investigate, verify, in consultation with relevant professional bodies or any other person, the applicant’s professional and personal background for information that could pose a significant problem for proper functioning of the courts should the person be appointed,” said a section of the Act.
The JSC will thereafter issue a press release announcing the names of applicants, publicize it and post it on their website including the candidates' prospective interview dates. The names will also be published in the Gazette.
The applicants will then be interviewed one by one in which they will be required to explain some of the issues raised in confidential or anonymous people. Once all interviews and cross-checking is done, candidates will be evaluated.
The basis for evaluating them will be their intellectual capacity, legal judgment, organizational and administrative skills, diligence, ability to discuss factual and legal issues in clear, logical and accurate writing and effectiveness in communication.
It will also be based on integrity; “a demonstrable consistent history of honesty and high moral character in professional and personal life,” fairness; “a demonstrable ability to be impartial to all persons and commitment to equal justice under the law.”
They will also be required to be open-minded in approach to matters law, posses a history of courtesy and civility in dealing with others, good judgment and history of public commitment to improving access to justice. “The commission shall, within 7 days of the conclusion of interviews deliberate and nominate the most qualified applicants taking into account gender, regional, ethnic and other diversities of the people of Kenya,” the Act says.
The final nominee will be voted upon by the JSC members with the secretary administering the vote and declaring the results. A winning nominee must receive at least three affirmative votes.
The nominee will then be forwarded to the President and the PM for appointment through parliamentary approval.
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