The Kenya Judiciary Academy Bill, 2025

## SPECIALISSUE Kenya Gazette Supplement No.145 (National Assembly Bills No.42) <!-- image --> ## REPUBLICOFKENYA ## KENYA GAZETTESUPPLEMENT NATIONALASSEMBLYBILLS,2025 NAIROBI,18thJuly,2025 ## CONTENT Bill for Introduction into the National Assembly- The Kenya Judiciary Academy Bill,2025 <!-- image --> PAGE 1021 ## THEKENYAJUDICIARYACADEMYBILL,2025 ARRANGEMENTOFCLAUSES Clause ## PARTI-PRELIMINARY - -Short title. - 2Interpretation. - 3—Objects of the Act. ## PARTII-ESTABLISHMENTOFTHEKENYA JUDICIARYACADEMY - 4Establishment of the Academy. - 5Functions of the Academy. - 6Board of Directors. - 7-Functions and powers of the Board. - 8-Quorum, committees and procedure of the Board. - 9Remuneration of the members of the Board. - 10—The Director General. - 11-— Registrar of the Academy. - 12Staff of the Academy. ## PARTIII-FINANCIALPROVISIONS - 13-Funds of the Academy. - 14-Financial year. - 15-Annual estimates. ## PARTIV-GENERALPROVISIONS - 16Common seal. - 17—Protection from personal liability. - 18-Liabilityfor damages. ## PARTV-PROVISIONSONDELEGATEDPOWERS 19Regulations. ## PARTVI-SAVINGSANDTRANSITIONAL PROVISIONS - 20Savings and transitions. SCHEDULE-PROVISIONS ON CONDUCT AND AFFAIRSOFTHEBOARD. ## THEKENYAJUDICIARYACADEMYBILL,2025 ## A Bill for AN ACT of Parliament to establish the Kenya Judiciary Academy to give effect to Article 172(1)(d) of the Constitution; to provide for the management, functions and powers of the Kenya Judiciary Academy and for connected purposes ENACTED by the Parliament of Kenya as follows ## PARTI-PRELIMINARY 1. This Act may be cited as the Kenya Judiciary Academy Act, 2025. 2. In this Act, unless the context otherwise requires— "Academy" means the Kenya Judiciary Academy established under section 4; means the Judicial Service Commission established under Article 171 ofthe "Commission" Constitution; "Director General" means the Director General appointed under section 10; "Judge" means a judge of a superior court referred to in Article 162 (1) of the Constitution; "judicial officer" has the meaning assigned to it under Article 260 of the Constitution; "judicial staff" means persons employed in the Judiciary but without power to make judicial decisions, and includes the staff of the Commission; and "secondment" means the temporary deployment to the Academy of an officer from another institution in the public service while preserving the pension or gratuity rights of the employee accruing from the other institution in the public service. 3. The object of this Act is to-— 2. (a) establish the Academy as a regional center of 3. excellence in matters relating to judicial training; 4. (b) provide for procedures for operationalization of the 5. Academy; Short title. Interpretation. Objects of the Act. - (c) provide a framework for the continuing education and training of judges, judicial officers, judicial staff,and other actors in thejustice sector;and - (d) provide for mechanisms for collaboration and cooperation with other institutions for purposes of training judges, judicial officers and judicial staff. ## PARTII-ESTABLISHMENTANDFUNCTIONSOF THEKENYAJUDICIARYACADEMY - 4.(1) There is established an Academy to be known as the Kenya Judiciary Academy. - (2) The Academy shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name,be capable of- - (a)enteringinto contracts; - (b)purchasing or otherwise acquiring, holding, charging or disposing of moveable and immovable property; - (c) borrowing and lending money; and - (d) doing of performing all other things or acts for the furtherance of the provisions of this Act asmay be lawfully done or performed by a corporate body. - (3) The headquarters of the Academy shall be in - Nairobi. - (4) Notwithstanding the provisions of subsection (3), the Academy may establish campuses in any other County. - 5.The Academy shall- - (a) be the principal institution for implementing and coordinating training and capacity building of judges,judicial officers and judicial staff; - (b) prepare and implement programmes for the induction, orientation and continuing education and training of judges,judicial officers and judicial staff to support an impartial, competent, efficient and effective judiciary; - （c) develop guidelines,curricula and calendars for its training and capacity buildingprogrammes; Establishment of theAcademy Functions of the Academy. - (d) develop linkages, partnerships and collaborations - with the Centre of Parliamentary Studies and Training, the Kenya School of Government, the Foreign S Service Academy and other national, regional and international institutions and agencies; - (e) develop and maintain a repository of relevant data - for the Judiciary and the administration ofjustice; - conduct research to support the functions of the Academy and the administration of justice; - (g) produce publications and reports relevant to the functions of the Academy and the administration - of justice; - (h) organize and manage relevant national, regional and international conferences,meetings,symposia, - and workshops; - (i) develop and implement training programmes for - other actors in the justice system; - (j) in collaboration with other institutions, award relevant certification for the courses offered by the - Academy; - (k) advice the Judiciary on the standardization of - continuing education and training for judges, judicial officers,and judicial staff; and - (l) perform and exercise any other functions conferred on it by this Act. - 6.(1) The administration of the Academy shall vest onaBoard of Directorswhich shall consist of- - (a) Chairperson appointed by the Commission from - among the members of the Commission; - (b) the Chief Registrar of the Judiciary; - (c) a member of the association of judges and magistrates elected by the members of the association; - (d) a member of the association of judicial staff - nominated by the association; Boardof Directors. - (e) one person who teaches law in a public university nominated bypublic universities; - (f) one person who teaches law in a private university, nominated by private universities; - (g) an advocate of not less than ten years' experience nominated by the Law Society of Kenya; - (h) the Secretary to the Council of Legal Education; - and - (i) the Director General of the Academy, who shall be the Secretary to the Board and shall not have the right to vote. - (2) The nominating bodies in subsection (1)(d), (e),(f) and (g) shall nominate persons who have knowledge and expertise required for the achievement of the objects of the Academy. - (3) A member of the Board nominated under - subsection (2) (d), (e), (f) and (g) shall hold office for a term of threeyears and shall be eligible for renewal for one further term of threeyears. - (4) The office of a member of the Board shall become - vacantif themember- - (a) resigns from office by notice, in writing, addressed to the Chairperson, and in the case of the Chairperson,to the Chief Justice; - (b) has been found in accordance with any law, to have misused or abused state orpublic office or to have contravened Chapter six of the Constitution; - (c) is convicted of an offence and is sentenced to imprisonment for aperiod exceeding sixmonths without the option of a fine; - (d) as a nominee, ceases to be a member of the - nominating body; - (e) is unable, by reason of mental or physical infirmity, to discharge functions as a member of - the Board; - (f) is adjudged bankrupt; or - (g) dies. 7. (l) The management of the affairs of the Academy 2. shall vest in the Board of Directors of the Academy. - (2) The Board shall have all the powers necessary for the proper performance of its functions under this Act. - (3) Without prejudice to the generality of the subsection (2), the Board shall have powers to- 5. (a) provide strategic leadership and oversight over the Academy; 6. (b) recommend to the Commission an organizational structure for the Academy to give effect to the objectives of this Act; 7. (c) enter into contracts on behalf of the Academy; 8. (d) control and supervise the administration of the assets of the Academy in a manner that best promotes the object and purpose for which the Academy is established; 9. (e)receive any grants, gifts, donations, or endowments, make legitimate disbursements 10. therefrom and maintain an inventory; 11. (f) open bank accounts for the funds of the Academy; 12. (g) invest the funds of the Academy as the Board may 13. approve from time to time; 14. (h) enter into association with other persons, bodies, or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance of 15. the object and purpose of this Act; 16. G invite any public officer or person who in its opinion, has expert knowledge in matters relating to the Academy's functions to attend any board meeting and participate in the proceedings, provided such expert shall not have the right to vote; and 17. (j) by resolution, delegate to any of its committees, member, officer, employee, or agents the exercise of any of the powers or the performance of any of the functions of the Academy under this Act. Functions and powers of the Board. 8. (l) The quorum for the conduct of business at a 2. meeting of the Board shall be five members. - (2) The Board may constitute such committees for the effective discharge of powers and functions- 4. (a) audit; 5. (b) governance; 6. (c)risk; 7. (d) compliance; 8. (e) finance; 9. (f) human resource; 10. (g) strategy;and 11. (h) any other committee relevant to the functions of 12. the Academy. - (3) The conduct and regulation of the business and affairs of the Board shall be as provided for in the 14. Schedule. - (4) Subject to the provisions of this Act, the Board shall regulate its own procedure. 16. 9.The Chairperson and members of the Board shall be paid such allowances as may be determined by the Commission inconsultationwiththeSalaries and 17. Remuneration Commission. 18. 10.(l) There shall be a Director General of the Academy who shall be a Judge of a Superior Court and shall be appointed by Board. - (2) The Director General shall be responsible for 20. strategic direction and leadership of the Academy. - (3) The Director General shall be answerable to the 22. Board. - (4) The Director General may perform such other duties as may be assigned by the Board. 24. (5)The Director General shall serve for a nonrenewable term of five years. 25. 11.(1) There shall be a Registrar of the Academy who shall beappointed by the Commission onthe 26. recommendation of the Chief Justice. committees and procedure of the Quorum, Board. Remuneration of themembersof the Board. The DirectorGeneral. Registrar of the Academy. - (2) A person is qualified for appointment as the 2. Registrar if the person-- 3. (a) is an advocate of the High Court of Kenya, and has, since qualification— - i) become eligible for appointment as a Judge of 5. the High Court; 6. ii servedforat leasttenyears as a professionally qualified magistrate; 7. (ili) attained at least ten years' experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; 8. or 9. (iv) held the qualifications specified in subparagraphs (i) to (i) for a period amounting, in the aggregate, to ten years; and 10. (b) has demonstrated competence in the peiformance of administrative duties for not less than three years. - (3) The Registrar shall serve for a term of five years 12. and shall be eligible for reappointment for one further term of five years. - (4) The Registrar shall be-— 14. (a) the accounting officer and head of the Secretariat 15. of the Academy; 16. (b) responsible for management and operations of the Academy;and 17. (c) answerable to the Director General. 12. (1) The Board shall from time to time recommend an organizational structure and staff establishment for the Academy for approval by the Commission. - (2) The Board shall recommend for appointment by the Commission such other officers and staff as are necessary for the proper discharge of the functions of the Academy upon such terms and conditions of service as the Commission may determine. - (3) The Board shall recommend for secondment to the 21. Academy, such other public officers as are necessary for Staff of the Academy. the proper discharge of the functions of the Academy upon such terms and conditions of service as the Commission may determine. ## PARTIII-FINANCIAL PROVISIONS - 13.(1) The funds of the Academy shall comprise of- - （a)moniesallocatedtothe Judicial Service Commission for purposes of the Academy and - approved by the National Assembly; - (b) monies allocated to the Judiciary for purposes of the Academy and approved by the National - Assembly; - (c) such monies as may be allocated from the - Judiciary Fund; - （d) monies accruing from investments,fees,charges or leviesadministered by the Academy;and - （e) grants,donations,endowments or scholarships - from any other sources approved by the Board. - (2) The Academy shall open and maintain such bank - accounts as are necessary for the exercise of its functions. - 14.The financial year of the Academy shall be a - period of twelve months ending on the thirtieth day of June in each year. - 15.(1) The Registrar shall,at least three months before the commencement of each financial year, cause to be prepared the estimates of the revenue and expenditure of theAcademyfor thatfinancialyear. - (2) The annual estimates shall make provisions for all the estimated expenditure of the Academy for the financial year concerned and, in particular, shall provide for - (a) the payment of salaries, allowances,and other - charges in respect of the staff of the Academy; - (b) the payment of pensions, gratuities, and other charges inrespect ofretirementbenefits offormer - staff of the Academy; - （c)payment of allowances of the members of the - Board; Funds of the Academy. Financial year. Annual estimates. - (d) the development, acquisition and proper maintenance of buildings and grounds for the - Academy; - (e) theacquisition, - maintenance,repair,and replacement of the equipment and other movable property of the Academy; - (f)fundingof training,research,and other activities of the Academy; and - (g) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, or replacement of buildings or equipment,or in respect of such other matter as the Boardmay deem appropriate. - (3) The annual estimates shall be approved by the Board before commencementof the financialyear towhich theyrelate and shallbesubmitted to the Commission for approval, and thereafter, the Board shall not increase or decrease the annual estimates exceptwith the authority of the Commission. ## PARTIV-GENERALPROVISIONS - 16.(1) All deeds, instruments, contracts and other - documents shall be deemed tobe duly executedby or on behalf of the Academy- - (a) where they are required to be under seal,if sealed with the common seal of the Academy and authenticated by the Director General; - (b) where they are not required to be under seal,if - executed in that behalf of the Academy bya member authorized by the Board for thatpurpose. - (2) A: deed, instrument, contract or other document executed in accordance with sub-section (1)(b) shall be effectiveinlawtobind theAcademyand itssuccessors and may be varied or discharged in the same manner as that in - which it was executed. - (3) The Common seal of the Academy shall bekept in the custody of the Director General and shall not be used exceptby the order of theBoard. - 17.No matter or thing done by a member of the Board orby any officer,memberof staff,or agentof the Academy Common seal. Protection from personal liability - shall,if the matter or thing is done bona fide for executing the functions,powers or duties of the Board under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action,claim or demand whatsoever. - 18.The provisions of section 17 shall not relieve the Academy of the liability to pay compensation or damages any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works. ## PARTV-PROVISIONSONDELEGATEDPOWERS - 19.(l) The Board may, in consultation with the - Commission,make Regulations generally for carrying into effect the provisions of this Act. - (2) Without prejudice to the generality of subsection - (1) the Regulations made by the Board may provide for- - (a) the development and implementation of programmes for continuing education, training, and professional development of judges, judicial officers, judicial staff, and other actors in the justice sector;and - （b) the development of continuous monitoring and evaluation of training and other functions of the Academy. ## PARTVI-SAVINGSANDTRANSITIONAL ## PROVISIONS 20. (1) Upon coming into force of this Act- 2. (a) all the rights,duties, obligations, assets, and liabilities of the former Academy existing at the commencement of this Act shall be automatically 3. and fully transferred to the Academy; 4. (b) every agreement, whether in writing or not, and the former Academy was a party, and whether or 5. every deed, bond,or other instruments to which notsuch rights,liabilities,andobligations thereunder could be assigned, shall have effect as if the Academy were party thereto or affected thereby; and Liability for damages. Regulations. Savings and transitions. - (c) any proceedings pending immediately before such dateofcomingintooperation towhichtheformer Academy was a party shall be continued as if the - Academy was a party thereto. - (2) Except as may be provided under any written law, all persons who were membersof staff to the former Academy shall be members of staff of the Academy established under this Act and shall be deemed tohavebeen appointed under this Act on the terms and conditions of serviceapplicableto themimmediatelybefore the commencement of this Act. - (3) For purposes of this section,"former Academy means the Kenya Judiciary Academyestablished bythe Judiciary to offer continuing education and training to judges,judicial officers and judicial staff. ## SCHEDULE[s.8(3)] ## PROVISIONS ASTO THE CONDUCT OFBUSINESSAND ## AFFAIRS OFTHEBOARD - 1.(1) The Board may establish such committees as it - may consider appropriate to perform such functions and responsibilities as it shall determine. - (2) All findings of such committees shall be presented to theBoard foritsconsideration and determination. - (3) The Board may,at any time and for any length of time,invite any person to attend any of its deliberations but such person shall not be entitled to vote on any matter at any meeting of the Board. - 2.(1) The Board shall meet at least four times in - every financial year. - (2) The Chairperson shall preside at every meeting of - the Board at which the Chairperson is present,but in his absence,the members shall elect one of their number who shall, with respect to that meeting and the business transacted thereat,have all thepowers of a Chairperson. - 3.Unless a unanimous decision is reached,a decision - on any matter before the Board shall be by a majority of votes of the members present and in the case of an equality ofvotes, the Chairperson shall have a casting as well as a deliberative vote. - 4.If a member of the Board has any interest direct or indirect in any application or other matter which is the subject of consideration at a meeting of the Board,the member shall,at the meeting,disclose the fact to the Board and shall take no part in the consideration or discussion of or vote on any question with respect to the application or the other matter. Committees and co-opted advisors. Meetings of the Board. Decisions of the Board. ## MEMORANDUMOFOBJECTSANDREASONS ## Statement ofobjectsand reasons for the Bill The Bill is a legislative proposal received by the Departmental Committee on Justice and Legal Affairs from the Judiciary. The principal object of this Bill is to give effect to Article 172(1)(d) of the Constitution by establishing the Kenya Judiciary Academy which shall be the principal institution responsible for implementing and coordinating the continuing education and training of judges, judicial officers and judicial staff. Part I of the Bill (Clauses 1-3) provides for the preliminary - provisions including the short title,the interpretation and object of the Act. Part II of the Bill (Clauses 4-12) provides for the establishment of the Kenya Judiciary Academywhich shall be the principal institution for the implementing and coordinating training and capacity building for judges, judicial officers and judicial staff. A Board of Directors shall be responsible for the administration of the Academy. - Part IlI of the Bill （Clauses 13-15) provides for the financial provisions including the sources of funds for the Academy,the financial - year of the Academy and the preparation of annual estimates of the Academy. - Part IV of the Bill (Clauses 16-18) provides for the general provisions including the common seal of the Academy,protection of members of the Board and staff of the Academy from personal liability and liability of the Academy for damages. - Part V of the Bill (Clause 19) provides for the making of the - regulations for the carrying into effect the provisions of the Act. Part VI of the Bill (Clause 2o) provides for the savings and transition provisions. The Schedule to the Bill provides for conduct of business and affairs of theBoard of Directors of theAcademy. Statement on the delegation of legislative powers and limitations of fundamentalrights and freedoms The Bill delegates legislative powers to the Board of Directors of the Kenya Judiciary Academy to make regulations for carrying into effect the provisions of the Act. The Bill does it limit any fundamental rights and freedoms. ## Statement on whether the Bill concerns county governments The Bill does not concern county governments in terms of Article 110(1) of the Constitution.TheKenya Judiciary Academy is an institution ofhigher learning for the Judiciary which is a function assigned to the national government. ## Statement on whether the Bill is a money Bill within the meaning of Article 114 of the Constitution The Bill is a money Bill as it contains provisions dealing with receipt, custody, investment or issue of public money. Dated the 18th July,2025. GEORGEGITONGAMURUGARA, Chairperson, Departmental Committee on Justice and Legal Affairs.