Under the constitution of Kenya, a judge may be puisne or judge of appeal.
All judges are appointed by the president acting in accordance with the advice of the Judicial Service Commission.
Qualification: To qualify for appointment one must either:
• Be an advocate of the High court of the not less than 7 years standing.
• Is or have been a judge of a court with unlimited jurisdiction in criminal and civil matters in some part of common wealth or republic of Ireland.
• Is or has been a judge of a court with jurisdiction to hear appeals from a court with unlimited jurisdiction in criminal and civil matters in some parts of common wealth or republic of Ireland.
• Under section 63 of the Constitution upon appointment a judge must take and subscribe to the oath of allegiance and such other oath as prescribed by parliament.
• Judges enjoy some security of office. A judge can only be removed from office on the ground of either.
o Misbehaviour or
o Inability to discharge the functions of his office, provided a tribunal appointed by the president has investigated the allegations as a matter of fact and recommended that the judge be removed. Otherwise judges retire at the age of 74.