Verbatim text
(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
(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.
What this means
- The index files this text under article 166 of the Constitution of Kenya.
- The passage runs to about 351 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”).
The row’s stored title is a body fragment, not a heading (“(1) The President shall appoint—”), so it is not used as the provision’s title here.
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.
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 166, Portable Lawyer, https://www.portablelawyer.app/provision/c1d94196-f85a-4396-b818-5ad4f9c1c863 (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/c1d94196-f85a-4396-b818-5ad4f9c1c863
Accessed 25 October 2026.
Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.
Machine-readable versions