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Transfer Policy & Guidelines Court of Appeal

Table of Contents Transfer Policy of the Court of Appeal... 1 Justification for the Rotation... 2 Operationalization of the Rotation System... 2 Transfer Policy & Guidelines for Judicial Officers

Transfer Policy of the Court of Appeal The Court of Appeal is a Superior Court created under Article 164 of the Constitution of Kenya with jurisdiction to hear appeals from the High Court; and any other court or tribunal as prescribed by an Act of Parliament. It is a Court of resort in over 90% of appeals from the High Court, Industrial Court, Land and Environment Courts and other cases from tribunals as prescribed by various legislations. The independence of the Court and its integrity should be further safeguarded through an accountable and transparent Transfer Policy. The Constitution of Kenya provides for decentralization of services and devolution of power to the citizenry. Also, the Judiciary Transformation Framework provides for the devolution of services so as to make justice accessible to the people. In April, 2013, nine (9) Judges of the Court of Appeal were transferred to Malindi, Kisumu and Nyeri. It is necessary to have a transfer policy for the Court of Appeal and the following is proposed: Each Court of Appeal Station outside Nairobi shall have a minimum of 4 Judges. To the extent possible, gender parity shall be taken into consideration when posting Judges to a particular station. All Judges of the Court of Appeal with the exception of a serving President of the Court, Judicial Service Commission representative and any Judge certified for the time being by the Hon. The Chief Justice to fall under the exemption clause, shall be liable to serve in an outside station on rotation basis. Transfer Policy & Guidelines for Judicial Officers 1

Justification for the Rotation The Court of Appeal is not a trial court, no transitional period is necessary as there are hardly any part heard appeals. Rotation will give every Judge an opportunity to serve in all the court stations and exposure to a range of diverse matters. Experience has shown that appeals especially from the outside stations raise particular generic issues which may not be sufficient to keep Judges intellectually active. Rotation will ensure equality of treatment of all Judges. Operationalization of the Rotation System The period for such rotation shall be two (2) years, with effect from 1st April, 2013. The period of two years in regard to subsequent transfers shall apply from the date of such transfer. After completion of two years in an outside station, a Judge shall be transferred to serve in Nairobi while waiting for the next rotation which shall be to another station not the one he or she served immediately before returning to Nairobi, unless the Judge opts in writing to continue serving in another outside station. The Hon. The Chief Justice and the President of the Court shall prepare a rotation roaster every 3 months before the expiration of the period of two (2) years and circulate the information to all Judges. Judges on transfer shall be paid transfer allowances upon reporting to the new station. EXEMPTION TO ROTATION The Hon. The Chief and the President of the Court of Appeal shall determine exceptional circumstances that may prevent a Judge from serving in an outside station amongst the following: A Judge who has requested in writing to be exempted from this rotational transfer due to certified ill health or that of a spouse. The period such a Judge is to enjoy the exemption shall be indicated. 2 Transfer Policy & Guidelines for Judicial Officers

Notes Transfer Policy & Guidelines for Judicial Officers 3

Notes 4 Transfer Policy & Guidelines for Judicial Officers