The Constitutional Review Committee (CRC) has recommended that the Chief Justice should hold the position for a single, non-renewable term of 10 years or upon attaining the age of 70, whichever is earlier.
It proposed that the Chief Justice retire with full entitlements of the office.
It said a Chief Justice whose tenure ends before attaining 70 years could be elected to
continue sitting as a Justice of the Supreme Court.
Touching on other Justices of the Superior Courts, the Committee recommended that all Justices of the Superior Courts should hold their tenure until retirement, death, or resignation, whichever comes first.
It said for Justices of the Supreme Court and Court of Appeal, the mandatory retirement age should be 70 years.
It noted that for High Court Justices, the mandatory retirement age should be set at 65.
With regard to the process for the removal of Justices of the Superior Courts, the Committee recommended that the grounds for removal should be the same for all justices.
It said the grounds for removal should include mental or physical incapacity, incompetence, gross misconduct, violation of the judicial code of conduct, or bankruptcy.
With regard to the removal process for the Chief Justice, the Committee proposed that an aggrieved person might submit a confidential petition for the removal of the Chief Justice to the Council of State.
It said that within 7 days of receipt, the Council should refer the petition to its Judicial Committee to determine its prima facie merit.
“If insufficient grounds are found, the petition shall be dismissed. If sufficient, the Council shall notify the President and the Speaker of Parliament,” the report said.
“The President may suspend the Chief Justice pending investigation,” saying the Council of State shall appoint a five-member tribunal made up of one person appointed by the President who shall not be a lawyer or currently holding any public or party office; one person appointed by the Speaker of Parliament, who shall be a former Member of Parliament (MP), not currently holding any public or party office; one person appointed by the Public Service Commission; one person appointed by the National House of Chiefs; and a former justice of the Supreme Court appointed by the Judicial Council.
It said the tribunal shall conduct its hearings in camera and submit its findings within 60 days chaired by the former Justice of the Supreme Court.
With regards to the removal process of other Justices of the Superior Courts, the report said an aggrieved person might submit a confidential petition to the Council of State seeking the removal of a Justice of the Superior Court.
It said the Council shall refer the petition to its judicial committee within seven days to
assess its prima facie merit. If the petition is without merit, it should be dismissed.
It said if it meets the threshold, the Council should notify the President, Speaker of Parliament, and Chief Justice.
It noted that the President might suspend the Justice pending the outcome of the inquiry.
It said the Council of State shall appoint a five-member tribunal with two former Superior Court judges (nominated by the Judicial Council), a non-lawyer (nominated by the President), a former Public Services Commissioner (Council’s nominee), and a nominee from the National House of Chiefs.
The report recommended that in-camera hearings be conducted, and the tribunal submit a report within 60 days.
