Beyond the questions: An assessment of the Court of Appeal Candidates interviews by the Judicial Service Commission

1.Introduction

Under the transformative architecture of the 2010 Constitution, the Court of Appeal is not merely a middle tier in the judicial hierarchy; it is the heartbeat of appellate justice. The Court of Appeal of Kenya is established under Article 164 of the Constitution of Kenya as one of the superior courts in the Republic. The Court consists of a number of judges, being not fewer than twelve, setting the maximum number at seventy judges. The Court is mandated to administer appellate justice through hearing appeals from the High Court, the Employment and Labour Relations Court, the Environment and Land Court, and any other tribunal. The Court is headed by the President of the Court of Appeal, who is elected from among the judges themselves and provides leadership while ensuring the efficient management and administration of the Court. As an appellate court, it is ordinarily constituted by a bench of three judges, although an expanded bench of five judges may sit in certain instances. The Court discharges its mandate by developing jurisprudence and providing an independent, accessible, fair and responsive forum for dispute resolution. The practice and procedure of the Court is regulated by the Appellate Jurisdiction Act, Cap 9 of the Laws of Kenya, while the Court of Appeal (Organization and Administration) Act No. 28 of 2015 was enacted to give effect to Article 164 by providing for the organization and administration of the Court. Currently, the Court has six stations with f ixed benches in Nairobi, Mombasa, Kisumu, Nyeri, Nakuru and Eldoret, though Eldoret operates as a circuit station visited by judges from Nakuru. The Court also operates sub registries in Malindi, Meru, Kisii, Kakamega, Busia and Garissa, where matters are filed and judges visit on circuit. As of now, the Court of Appeal has twenty-seven judges, a number that will increase to forty-two with read more...