A drastic change will be implemented in the Supreme Court to allow the senior most judge take over as the acting Chief Justice (CJ) in the absence of both the CJ and the Deputy Chief Justice (DCJ).
The proposed amendment contained in the Judicial Service Act is part of other changes that include the constitutional capping of the retirement of judges at 70 years.
Currently, in the absence of the CJ and DCJ, the senior most judge who takes over in an acting capacity can only play the administrative roles of the President of the Supreme Court but not the Bench duty of the Chief Justice.
Justice Mohamed Ibrahim held the acting Presidency of the Supreme Court from June, last year, when former Chief Justice Willy Mutunga retired, but could not sit on the Supreme Bench, meaning that the court remained dormant until the new CJ David Maraga and his deputy Philomena Mwilu came into office late last year.
According to the bill, the judge will perform all the administrative duties of the President of the Supreme Court and the court function of the Chief Justice if a vacancy occurs in the office of both the CJ and DCJ or when both are absent.
The amendments come after the lacuna that occurred last year in the Judiciary over lack of constitutional guidance following the exit of Mutunga and his former deputy Kalpana Rawal.
The proposed law which passed the Second Reading in the National Assembly last week and will now come for the Third Reading where amendments will be introduced, has also moved to end the controversy on retirement age for judicial officers.
According to the bill sponsored by Leader of Majority Aden Duale, judges will retire at the age of 70 years but they are free to vacate office without losing benefits after attaining the age of 65.
While debating the bill, Justice and Legal Affairs committee deputy chairperson and Nyeri county MP Pricilla Nyokabi said the main aim of the amendment is to clear any doubts on transition and the retirement age of judges.
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