Tenure of office of the Chief Justice and other judges
Judges retire at 70 and may choose to retire from 65. The Chief Justice serves at most ten years or until retirement age, whichever is earlier, and may then stay on as a Supreme Court judge. Judges may resign by written notice to the President.
The official text
(1) A judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of sixty-five years.
(2) The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier.
(3) If the Chief Justice’s term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office as a judge of the Supreme Court.
(4) If, on the expiry of the term of office of a Chief Justice, the Chief Justice opts to remain on the Supreme Court under clause (3), the next person appointed as Chief Justice may be selected in accordance with Article 166(1), even though that appointment may result in there being more than the maximum permitted number of Supreme Court judges holding office.
(5) The Chief Justice and any other judge may resign from office by giving notice, in writing, to the President.
Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.