Newsletter on 20/01/2013

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Monday 6th February

Issue 5/2013

CASE OF THE WEEK

Exclusion of Prisoners from Voter Registration Exercise a Violation of their Fundamental Rights

Kituo Cha Sheria v. Independent Electoral and Boundaries Commission & 2 others [2013] eKLR
Petition no. 574 of 2012
High Court at Nairobi
Constitutional and Human Rights Division
D.S. Majanja, J.
January 21, 2013
Reported by Nelson K. Tunoi & Beatrice Manyal

Issues:
i. Whether prisoners have the right to vote under the Constitution?
ii. Whether this right has been violated by the respondents?

Constitutional law
-fundamental rights and freedoms-right to vote-exclusion of prisoners from the voter registration process-petition seeking, inter alia, declaration that prisoners in Kenya possess the inalienable right to be registered as voters and consequently vote-whether prisoners had the right to vote under the Constitution-whether the exclusion of the prisoners from the voter registration exercise amounted to a violation of rights by the respondents-whether the respondent could be compelled to register the prisoners as voters in the General Elections-whether the 1st respondent had the obligation to facilitate the registration of prisoners as voters as a matter of right-whether the petition had merit-Constitution of Kenya, 2010 Articles 10, 23, 35, 38 (3) (a) (b), 51, 82 (1) (e), 83.

HELD:
1. The Constitution as the supreme law is founded on the sovereignty of the people of Kenya. This sovereignty is exercised through voting for representatives in the National and County governments who exercise delegated authority of the people in accordance with Article 2. It is beyond argument then that the right to vote is fundamental to our system of government.

2. The Constitution, with its emphasis on the peoples’ sovereignty, the values on rule of law, equity, inclusiveness, equality, human rights as well as the right to vote guaranteed under Article 38 and the qualification of voters provided under Article 83 does not exclude prisoners from being registered to vote and consequently voting in an election.

3. Apart from merely guaranteeing the right, the Constitution places upon the State and its agencies the positive responsibility to ensure that all the people of Kenya and particularly those who are marginalised or vulnerable are able to exercise this fundamental right. That responsibility is not a passive duty but an active one imposed by the Constitution and particularly the Bill of Rights on the State and all its instrumentalities. Thus the breach of the prisoners’ right to vote entailed failing by the respondents to take positive steps to facilitate, promote and fulfil that right.

4. Article 51 of the Constitution neither limits the rights and fundamental freedoms of prisoners, which include the right to register as a voter and to vote, nor does it diminish in any way the responsibilities of the IEBC to prisoners.

5. Article 83 (3) imposes on the IIEBC a duty to take positive or affirmative steps to ensure that the right to vote by all Kenyans is realized. There mere fact of providing registration centres for prisoners cannot be adequate to “facilitate the right to vote.” Prisoners are vulnerable persons in society and they do not have access to information, documentation, electronic media and means to voluntarily register as voters like other free citizens.

6. The duty to facilitate voting means that the IEBC must co-ordinate with other institutions to ensure that the right to vote is realized at least within the context of what can be realized within the realm of prisons.

7. Unlike the right of citizens in the diaspora, whose right to vote is to be realized progressively, the right for prisoners to vote is one that is immediate and the State and its agencies must comply with the obligations that require that this right be realized. Such obligation includes the duty to promote, protect and fulfil the right to vote. The respondents violated the rights of persons in prisons by failing to facilitate and promote their rights.

8. The obligation of the Court is to give effect to the rights contained in the Bill of Rights and the fact that giving effect to these rights may be inconvenient cannot override constitutional imperatives.

9. The Independent Electoral and Boundaries Commission must take necessary administrative arrangements even after the General Elections to ensure registration of prisoners like other citizens as mandated of it under Article 88 (4) (a) and the facilitation of the realization of the right to vote of all eligible inmates.

10. (Obiter, as per Majanja, J.) “The uncontested evidence demonstrates that this petition would have been unnecessary had the IEBC answered the correspondence from the petitioner and interested party. In an era where the Constitution obliges public institutions to be accountable and transparent, it is important that public institutions respond to queries raised by civic minded citizens. I would hasten to add that the right of access to information guaranteed under Article 35 underpins the values in Article 10(c) of “good governance, integrity, transparency and accountability.”

Petition allowed. Court directs the IEBC to facilitate, in conjunction with the prison and other government institutions, the exercise of the right of prisoner who have already registered to vote to do so in the general elections. The 1st respondent to bear the petitioner’s costs and one-half of the interested party’s costs.

SELECTED NOTICES FROM THE KENYA GAZETTE

Kenya Gazette Vol CXV – No. 13 Dated February 1, 2013

Business Process Outsourcing/Information Technology Services (BPO-ITES) Working Group - Appointment
Lame County Stakeholders Steering Committee for LAPSSET Corridor Project - Appointment
The State Corporations Act - Appointments.
The Kenya Literature Bureau Act - Appointment .
The Coast Development Authority Act - Appointment.
The Local Government Act - Appointment.
The Sacco Societies Act - Revocation of Appointment.
The Sugar Act - Appointment.
The National Construction Authority Act - Appointment.
Ministry of Transport - Appointment of Taskforce.
The Persons with Disabilities Act - Appointment .
The Public Finance Management Act - Appointment.
The Medical Practitioners and Dentists Act - Code of Professional Conduct and Discipline and Professional Fees Guidelines.
Establishment of National Police Reforms Steering Committee.
The National Crime Research Centre Act - Appointment.
Judicial Service Commission - Vacancies .
The Registration of Titles Act - Issue of Provisional Certificates, etc.
The Registered Land Act - Issue of New Land Title Deeds, etc.
Probate and Administration.
The Survey Act - Official Map of the Republic of Kenya.
The Civil Aviation Act - Application for Licences.
The Kenya Information and Communications Act - Application for Licences.
The Sacco Societies Regulatory Authority - Licensed Deposit-Taking Sacco Societies.
The Physical Planning Act - Completion of Part Development Plans.
Disposal of Uncollected Goods.
Loss of Policies.
Change of Names.

SUPPLEMENT Nos. 215, 220, 221, 3 and 5
Act, 2012 and 2013
The Proceeds of Crime and Anti-Money Laundering (Amendment) Act, 2012.
The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012.
The Finance Act, 2012.
The National Government Co-ordination Act, 2013.
The Supplementary Appropriation Act, 2013.

Selected Gazette Notices
Gazette Notice No. 1086
BUSINESS PROCESS OUTSOURCING/INFORMATION TECHNOLOGY SERVICES (BPO/ITES) WORKING GROUP

Appointment
IN EXERCISE of the powers conferred by section 4 (1) (a) of the National Accord an Reconciliation Act, the Prime Minister of the Republic of Kenya extend the term of the BPO/ITES Working Group, for a period of six (6) months beginning 18th December, 2012. The following are the members of the Working Group:

Gilda Odera - (Chairperson)
Sam Sigei - (Vice-Chairperson)
Nicholas Nesbit - (Member)
Peres Were - (Member/Joint Secretary)
Victor Kyalo - (Member/Joint Secretary)
Sammy Buruchara - (Member)
Anthony Njuguna - (Member)
Dickson Ogolla - (Secretariat Manager)

Terms of reference for the BPO/ITES Working Group

- To guide, facilitate and oversee the development and achievement of an effective working system on BPO/ITES related activities within the various government ministries that will result in an organized and cohesive co-ordination of efforts towards meeting the objectives of Vision 2030 for the BPO/ITES Sector.

- To facilitate and oversee the development and achievement of high level interaction and negotiations with domestic, regional and international partners to strengthen industry growth.

- To advice on provision of appropriate infrastructure for the BPO/ITES sector countrywide.

- To undertake activities aimed at generating new investment into the sector, in all parts of the country.

- To engage with investors both locally and internationally to increase investment into the sector.

- To guide, facilitate and oversee the development of a monitoring and evaluation framework that will assess the the development of the sector.

- To monitor and evaluate the impact of BPO/ITES related activities based on key milestones and objectives.

- Advise and monitor all government ICT procurement in order to enable the government make cost savings and get full value for its investments in ICT.

Powers of the BPO/ITES Working Group

- The Working Group may establish committees to address technical or other specific issues. The Working Group will prepare the Terms of Reference of its Committees. The membership of the committees will draw from relevant government institutions and private sector.

- The Working Group and its committees may invite external experts to participate on an ad hoc basis in one of their meetings.

Dated the 28th January, 2013.

RAILA A. ODINGA,
Prime Minister.

Gazette Notice No. 1087
LAMU COUNTY STAKEHOLDERS STEERING COMMITTEE FOR LAPSSET CORRIDOR PROJECT
Appointment

IN EXERCISE of the powers conferred by section 4 (1) (a) of the National Accord an Reconciliation Act, the Prime Minister of the Republic of Kenya, appoint the Lamu County Stakeholders Steering Committee for LAPSSET Corridor Project for a period of six (6) months beginning 8th January, 2013. The following are the members of the Lamu County Stakeholders Steering Committee for LAPSSET Corridor Project:

MEMBERS OF LAMU COUNTY STAKEHOLDERS STEERING COMMITTEE FOR LAPSSET CORRIDOR PROJECT


Names of Members

Sector Held Members

Mohamed A. Fadhil

Business-Shella - (Chairman)

Munaa Fankupi

Women Youth Rep - (Secretary)

Principal Chief Jamal

Community - Lamu County

Atwaa Salim

Community - Shella

Peter Mwaura Warui

Community - Hindi

Swabir M. Yunus

Community - Siyu

Kassim A. Hassan

Community - Mokowe

Famau Ahmed

Community - Faza

Swaleh Atik

Community - Kiunga

Abdulrahman Ali

Community - Amu

Ali Shebwana

Community - Mkokoni

Danson Mwangi

Community - Mpeketoni

Husni A Lawi

Community - Witu

Somobwana Mohamed

Community - Ndau

Josphine M. Wakahia

Women Representative

Fatma Salim

Women Representative

Zahara Shee

Women Representative

Zubeda Yusuf Abdalla

Women Representative

Shariffa Abubakar

Women Representative

Amina Muhdhar

Women Representative

Warda Abdalla

Women Representative

Rukia Lali

Women Representative

Mohamed Said

Youth Representative

Abdulaziz Abdu

Youth Representative

Mohamed Mbwana

Youth Representative

Prof. Ali Shebwana

Fisherman

Ali Msuo

Fisherman

Mohamed Ali Mohamed (Boto)

Fisherman

Mohamed Basalama

Disabled

Hussein Ali Badhi

Hotel/Industries/Toursim

Mwalim Badi (Mohamed Ali Badi)

Save Lamu

Ahmed Abdillah Hassan

Business - Mokowe

Shariff Salim

Business - Amu

Hemed Rubeya

Matondoni

Mohamed M. Lali

Shungwaya Welfare

Abubakar Aboud Abubakar

Kililana Farmers

Bakar Mohamed Alausy

Farming Community

Diza Doza

Marginalized

Hiram Mwangi

Livestock

Ali Godana

Nyongoro Ranch

Pastor Thuku

Religious Leader

Idarus Mzee Mwenye

Religious Leader

Abubakar Shekuwe

Religious Leader

Mohamed Shariff Mzee (Twantawi)

Religious Leader

Somo M. Somo

Beach Management

Ahmed M. Twalib Hariz

Business

Terms of Reference for Lamu County Stakeholders Steering Committee for LAPSSET Corridor Project.

- Facilitate consultations with Lamu County Community on matters relating to LAPSSET Corridor Project.

- Facilitate and undertake sensitization of Lamu County Community on matters relating to the LAPSSET Corridor Project.

- Facilitate dispute resolution with Lamu County on matters relating to LAPSSET Corridor Project.

- Facilitate and advise on any other matter relating to the interest of Lamu County Community on LAPSSET Corridor Project.

- Liaise with the LAPSSET Corridor Project Secretariat in executing its mandate.

Powers of the Lamu County Stakeholders Steering Committee for LAPSSET Corridor Project

- In performing its duties the Lamu County Stakeholders Steering Committee for LAPSSET Corridor Project may form sub-committees to facilitate delivery of their mandate.

- The Lamu County Stakeholders Steering Committee for LAPSSET Corridor Project and its committees may invite external experts to participate on an ad hoc basis in one of their meetings.

Dated the 28th January, 2013.

RAILA A. ODINGA,
Prime Minister.

Gazette Notice No. 1088
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA RAILWAYS CORPORATION
Appointment

IN EXERCISE of the powers conferred by section 6 (e) of the State Corporations Act, as read together with section 4 (f) of the Kenya Railways Corporation Act, the Minister for Transport appoints -

Macharia Irungu (Dr.)

to be a member of the Kenya Railways Corporation Board of Directors for a period of three (3) years, with effect from 28th January, 2013.

Dated the 24th January, 2013.

AMOS KIMUNYA,
Minister for Transport.

Gazette Notice No. 1089
THE STATE CORPORATIONS ACT
(Cap. 446)
THE KENYA PIPELINE COMPANY
Appointment

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Energy appoints -

Felicity N. Biriri

to be a member of the Board of Directors of the Kenya Pipeline Company Limited for a period of three (3) years, with effect from the 25th January, 2013. The appointment of Joseph Ichunge Kinyua*, is revoked.

Dated the 18th January, 2013.

KIRAITU MURUNGI,
Minister for Energy.
*G.N. 2254/2010.

Gazette Notice No. 1090
THE STATE CORPORATIONS ACT
(Cap. 446)
THE GEOTHERMAL DEVELOPMENT COMPANY
Appointment

IN EXERCISE of the powers conferred by section 6 (1) (e) of the State Corporations Act, the Minister for Energy appoints -

Joseph Ichunge Kinyua

to be a member of the Board of Directors of the Geothermal Development Company for a period of three (3) years, with effect from the 25th January, 2013. The appointment of Felicity N. Biriri*, is revoked.

Dated the 18th January, 2013.

KIRAITU MURUNGI,
Minister for Energy.
*G.N. 1610/2012.

Gazette Notice No. 1091
THE KENYA LITERATURE BUREAU ACT
(Cap. 209)
Appointment

IN EXERCISE of the powers conferred by section 5 (1) (h) of the Kenya Literature Bureau Act, the Minister for Education appoints -

Dorothy Nereah Opondo (Mrs.),
Elizabeth Karwitha Mwongera (Ms.)

to be members of the Board of Kenya Literature Bureau, for a period of three (3) years, with effect from the 24th January, 2013.

Dated the 24th January, 2013.

MUTULA KILONZO,
Minister for Education

Gazette Notice No. 1092
THE COAST DEVELOPMENT AUTHORITY ACT
(Cap. 449)
Appointment

IN EXERCISE of the powers conferred by section 4 (1) (i-k) of the Coast Development Authority Act, the Minister for Regional Development Authority appoints -

Constance Mwandawiro Kalela

to be a member of the Coast Development Authority, for a period of three (3) years, with effect from the 17th December, 2012.

Dated the 30th December, 2012.

FREDRICK O. GUMO,
Minister for Regional Development Authorities.

Gazette Notice No. 1093
THE LOCAL GOVERNMENT ACT
(Cap. 265)
Appointment

IN EXERCISE of the powers conferred by sections 231 (1) and 245 (1) of the Local Government Act, the Minister for Local Government appoints -

Fredrick Kanini,
Catherine Mwithiga,
Philip M. Mbithi,

to conduct extra ordinary inspection of accounts and records and to conduct investigations, researches and inquiry into the general administration and financial management of the Town Council of Nyamarambe.

Dated the 24th January, 2013.

PAUL OTUOMA,
Minister for Local Government.

Gazette Notice No. 1094
THE SACCO SOCIETIES ACT
(No. 14 of 2008)
Revocation of Appointment

IN EXERCISE of the powers conferred by section 5 (a) of Sacco Societies Act, 2008, the Minister for Co-operative Development and Marketing revokes the appointment of -

Daniel Marube

as a Director of the Sacco Societies Regulatory Authority (SASRA), with effect from 10th September, 2012.

Dated the 25th January, 2013.

JOSEPH W. N. NYAGAH,
Minister for Co-operative Development and Marketing.

Gazette Notice No. 1095
THE SUGAR ACT
(No. 10 of 2001)
THE KENYA SUGAR BOARD
Appointment

IN EXERCISE of the powers conferred by section 5 (1) and (3) of the Sugar Act, 2001, the Minister for Agriculture appoints -

Saulo Busolo

to be a member of the Kenya Sugar Board, for a period of three (3) years, with effect from the 1st March, 2012.

Dated the 25th January, 2013.

S. J. KOSGEI,
Minister for Agriculture.

Gazette Notice No. 1096
THE NATIONAL CONSTRUCTION AUTHORITY ACT
(No. 41 of 2011)
Appointment

IN ACCORDANCE with section 12 of the National Construction Authority, 2011, the Minister for Public Works appoints -

Daniel Ogwoka Mandukui

as the Executive Director of the National Construction Authority, for a period of three (3), with effect from the 19th November, 2012.

Dated the 24th January, 2013.

CHRISTOPHER M. OBURE,
Minister for Public Works

Gazette Notice No. 1097
MINISTRY OF TRANSPORT
TASKFORCE ON DELINKING AND OPERATIONALIZATION OF THE NATIONAL TRANSPORT AND SAFETY AUTHORITY
Appointment

THE Minister for Transport appoints -

Beatrice A. Ochieng (Mrs.)

as a member of the Taskforce for Delinking and Operationalization of the National Transport and Safety Authority.

The terms of reference of the Taskforce will be to develop:

- Guidelines on delinking Strategy.

- Structure of the Authority.

- Establishment of staffing needs for the Authority.

- Guidelines on secondment of staff.

- Grading of the Authority.

- Sharing of assets and liabilities.

- A draft budget; and

- Regulation for operationalization of the Traffic Act (Revised 2012).

The Taskforce will start its work with effect from 21st January, 2013 and submit a report within forty-five (45) days.

Dated the 28th January, 2013.

AMOS KIMUNYA,
Minister for Transport.

Gazette Notice No. 1098
THE PERSONS WITH DISABILITIES ACT
(No. 14 of 2003)
Appointment

IN EXERCISE of the powers conferred by section 4 (1) (b) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children and Social Development appoints -

Adriana Shali Msafari

to be a member of the National Council for Persons with Disabilities, for a period of three (3) years, with effect from the 1st November, 2012.

Dated the 21st January, 2013.

NAOMI N. SHABAN,
Minister for Gender, Children and Social Development

Gazette Notice No. 1099
THE PUBLIC FINANCE MANAGEMENT ACT
(No. 18. of 2012)
THE GOVERNMENT FINANCIAL MANAGEMENT (WOMEN ENTERPRISE FUND) REGULATIONS, 2007
Appointment

IN EXERCISE of the powers conferred by regulation 4 (1) (f) of the Government Financial Management (Women Enterprise Fund) Regulations, 2007, as read with paragraph 10 of the Second Schedule of the Public Finance Management Act, 2012, the Minister for Gender, Children and Social Development appoints -

Elizabeth Nyaboke Mayieka

to be a member of the Advisory Board of the Women Enterprise Fund, for a period of three (3) years, with effect from the 1st January, 2013.

Dated the 24th January, 2013.

NAOMI N. SHABAN,
Minister for Gender, Children and Social Development.

Gazette Notice No. 1100
THE PERSONS WITH DISABILITIES ACT
(No. 14. of 2003)
Appointment

IN EXERCISE of the powers conferred by section 4 (1) (b) of the Persons with Disabilities Act, 2003, the Minister for Gender, Children and Social Development appoints -

Patrick Onyango

to be a member of the National Council for Persons with Disabilities, for a period of two (2) years, with effect from the 1st December, 2012.

Dated the 14th January, 2013.

NAOMI N. SHABAN,
Minister for Gender, Children and Social Development.

Gazette Notice No. 1101
THE MEDICAL PRACTITIONERS AND DENTISTS ACT
(Cap. 253)
Code of Professional Conduct and Discipline and the Professional Fees Guidelines

IT IS notified for the information of the general public that the Minister for Medical Services, in consultations with the Medical Practitioners and Dentists Board has revised -

(a)
the Code of Professional Conduct and Discipline for use by medical and dental practitioners as well as medical institutions in Kenya; and

(b)
the fees guidelines for medical and dental practitioners.

Copies of the Sixth Edition (2012) of the Code of Professional Conduct and Discipline and the Third Edition (2013) of the Fees Guidelines for Medical Practitioners and Dentists are available at the offices of the Medical Practitioners and Dentists Board in Nairobi, during working hours at a fee.

Dated the 24th January, 2013.

P. A. NYONG’O,
Minister for Medical Services.

Gazette Notice No. 1102
ESTABLISHMENT THE NATIONAL POLICE REFORMS STEERING COMMITTEE

IT IS notified for the general public that the Minister of State for Provincial Administration and Internal Security has established a Committee to be known as the Police Reforms Program Steering Committee in an effort to provide a framework for coordinating the ongoing police reforms and thereby ensure sustainability of the reforms process.

Membership:

The Committee shall comprise the following-

Chairman

Permanent Secretary Ministry of State for Provincial Administration and Internal Security.

Members:

Permanent Secretary - Ministry of Finance
Permanent Secretary - Ministry of Justice National Cohesion and Constitutional Affairs
Office of Director of Public Prosecution - ODPP
Secretary National Police Service Commission (NPSC)
Deputy Inspector General - Kenya Police Service
Deputy Inspector General - Administration Police Service
Kenya Private Sector Alliance (KEPSA)

The terms of Reference of the Committee are to:


- Coordinate and provide strategic guidance in implementation of police reforms.

- Ensure implementation of police reforms is in line with Government policy and objective.

- Mobilize resources from the Government and Development partners to support police reforms.

- Approve work plans and budgets for implementation of police reform activities.

- Review progress on the implantation of police reform to ensure compliance with approved timelines and budgets.

- Ensure that the available resources from Government and basket fund are allocated to police reform priority activities,

- Monitor and evaluate the implementation of reforms against agreed performance indicators and outputs.

- Ensure public participation and engagement with stakeholders in the monitoring and implementation of police reforms.

- Perform any other function necessary to ensure effective coordination of the ongoing police reforms and realization of its objectives.

1. Reporting

In the performance of its functions the Committee shall be responsible to the Minister responsible for Police Services.

2. Meetings

The committee shall hold such number of meetings in such places and at such times as the Committee may consider necessary for the proper discharge of its functions and shall regulate its own procedures.

3. Secretarial
The Committee shall have a Reform Co-ordination Secretariat for the effective performance of its functions.

4 Terms of office
The Committee shall remain in office for a period of one (1) year or for such a longer period as the Minister may by notice in the Gazette prescribe.

5. Co-option
The Committee may co-opt not more that 3 members whose skills and experience are necessary for performance of its functions.

Dated the 13th November, 2012.

KATOO ole METITO,
Minister of State for Provincial Administration
and Internal Security

Gazette Notice No. 1103
THE NATIONAL CRIME RESEARCH CENTRE ACT
(No. 4 of 1997)
Appointment

IT IS notified for information of the general public that the following are members of the Governing Council of the National Crime Research Centre under section 6 (2) of the Act:

Under paragraph (a) -
Githu Muigai (Prof.), Attorney-General - (Chairman);

Under paragraph (aa) -
Joseph K. Kinyua, Permanent Secretary, Treasury;

Under paragraph (b) -
Justice Philip K Tunoi;

Under paragraph (bb) -
Keriako Tobiko, Director of Public Prosecutions;

Under paragraph (c) -
David Kimaiyo, Inspector-General of Police;

Under paragraph (d) -
Mwakio Obadiah Righa, Director for Gender and Social Development;

Under paragraph (e) -
Isaiah Osugo, Commissioner of Prisons;

Under paragraph (f) -
Jerim W. Odhaimbo Oloo, Director of Probation and Aftercare

Under paragraph (g) -
Beneah Manyuru Mutsotso (Dr.),
Daniel Munyiala Muia (Dr.),
Hadijah Matuli Murenga (Dr.),

Under paragraph (h) -
Benard N. Bwoma;

Under paragraph (i) -
John Kipkoech Chebii,
Elijah Oluoch Asher’s,
Florence Muli-Musiime (Dr.);

to be members of the Governing Council appointed under paragraphs (g), (h) and (i), shall hold office for a period of three (3) years.

Dated the 23rd January, 2013.

GITHU MUIGAI,
Attorney-General.

Gazette Notice No. 1104
JUDICIAL SERVICE COMMISSION

Vacancies in the Office of Judge of The High Court/Court With Status Of The High Court (40 Posts)
THE Judicial Service Commission of Kenya invites applications from qualified persons for the above position in the Judiciary:

Ref. -
V/No. 4/2013
Terms of Service. - Constitutional Office
Period of service. - Retirement at the age of 70 years with an election to retire on attaining the age of 65 years

Functions:

The successful applicant shall serve in any High Court, Environment and Land Court or Industrial Court Station in Kenya as and when designated by the Honourable Chief Justice and shall have jurisdiction as stipulated in Articles 165 (3) and (6), 162 (2) (a) and 162 (2) (b) respectively of the Constitution or any other jurisdiction, original or appellate conferred by any legislation.

Constitutional and Statutory Requirements for Appointment:


An applicant must possess the following qualifications:
- hold a law degree from a recognized university, or are advocates of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction;
- at least ten (10) years’ experience as a Superior Court Judge or professionally qualified Magistrate; or
- at least ten (10) years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
- held the qualifications specified in paragraphs (b) and (c) for a period amounting, in aggregate, to ten (10) years:
- In addition, the applicants must demonstrate a high degree of professional competence, communication skills, fairness, good temperament, good judgment in both legal and life experiences and commitment to public and community service.

Notes:
- Experience may have been gained in Kenya or in any other country with a Common Law jurisdiction.

The appointments shall be made in accordance with Article 166 (1) (b) of the Constitution of Kenya, 2010.

Interested and qualified persons are requested to make their applications by:
- Filing an online Application for Employment Form available on the Judiciary website: www.judiciary.go.ke/jobs or clicking the vacancies link on the website. Applicants should upload soft copies of the following documents to the online application as provided:
- A letter of application
- A detailed and updated curriculum vitae summarizing the applicant’s bio-data including, background information, (such as community service, financial discipline, pro bono activity, involvement as a party in litigation and involvement in political activity including any financial contribution to any political party/parties and criminal record) legal/professional engagement for the last five (5) years, three (3) professional referees and two (2) character references who can verify and comment on the applicant’s past and present employment.
- Three of the applicant’s recent colored passport size photographs.
- Five (5) samples of any writings by the applicant, including but not limited to judgments, advocacy submissions in courts, scholarly writings or any legal publications that the applicant has authored.
- Declaration of income and liabilities as at the time of making the application, using the prescribed forms (The Declaration of Income, Assets and Liabilities Form JSC 2b can be downloaded from the Judiciary website – www.judiciary.go.ke) . For those who are in Government employment, attach copies of returns of declaration of income and liabilities and for those in private practice attach income tax returns, for the last three (3) years.
- Certified copies of testimonials and professional certificates and academic transcripts.
- Applicants are also required to forward one (1) hard copy of the completed Employment Application Form including all the attachments cited above.

To: The Secretary, Judicial Service Commission, P.O. Box 30041–00100, Nairobi. Email: jscsecretariat@judiciary.go.ke The Commission Secretariat: Mayfair Centre Ralph Bunche Road, Upper Hill, Nairobi. 5th Floor So as to reach the Commission not later than 15th February, 2013 Only short listed and successful candidates will be contacted.

Canvassing in any form will lead to automatic disqualification.

The Judicial Service Commission is an Equal Opportunity Employer and selects candidates on merit, through fair and open competition, from the widest range of eligible candidates.

G. B. SHOLLEI,
Secretary,
Judicial Service Commission

National Council for Law Reporting
Milimani Commercial Courts Building,
Ground Floor
P.O Box 10443 - 00100, Nairobi Kenya.
Tel: (254 020) 2712767, 2719231
Fax: (254 020) 2712694