Supreme Court will be set up within one year

• Ahead of the August 4 referendum, nation.co.ke is highlighting changes that the proposed constitution envisions. The goal is to encourage informed public debate.

Transitional arrangements in the Judiciary

Considerable change will occur in the Judiciary under the proposed constitution.

A new Supreme Court will be established and the Judicial Service Commission will be re-constituted.

The new commission will be appointed within 60 days after the constitution is promulgated.

For the first three years, members of the Judicial Service Commission will be a judge of the Court of Appeal, a judge of the High Court, an advocate appointed by the Law Society of Kenya and one person appointed by the President.

The Supreme Court will be the final court beyond the current Court of Appeal and must be set up within one year.

Names of nominees to the Supreme Court will be sent to the President, who then sends them to the National Assembly for approval — all within one year.

Within six months, the Chief Justice will be required to resign, retire completely from the Judiciary or be vetted under a law that Parliament is required to enact to assess all judges and magistrates.

Should the chief justice pass the scrutiny, he shall be retained as a judge of the Court of Appeal.