Under Judicial Service Act No. 1 of 2011, Laws of Kenya each Judge is entitled to a legal researcher who is an advocate of the High Court of Kenya. Every Justice of the Supreme Court is entitled to two Law Clerks. The core function of a Law Clerk is to provide intellectual, technical and auxiliary support to the Court for the effective exercise of its jurisdiction under the Constitution and the Supreme Court Act. The law clerks are drawn from different professional backgrounds which assists the courts in the variety of matters it deals with as the apex court. The President and Vice – President of the Court are served by two Senior Law Clerks, while each Judge is served by two Law Clerks.
Specific responsibilities may vary between chambers, but mainly include the following:
- Examining pleadings and fully apprehending their tenor and effect;
- Examining the detailed content of the facts and decisions of the Courts below;
- Carrying out Legal Research work for the Judges of the Supreme Court of Kenya;
- Taking stock of the full tenor and effect of the submissions made in the Supreme Court and the lower Courts;
- Researching on precedent setting authorities within various jurisdiction both within and without Commonwealth
- Presenting findings within sound written arguments in light of academic legal literature and case law;
- Drafting bench memoranda and well-planned legal briefs on variety of legal issues touching on different branches of law;
- Preparing pre-trial and post –trial media summaries.
- Excellent written and oral communication skills;
- Leadership & Good interpersonal skills;
- Professional and Technical competence;
- Confidentiality, High Integrity, attention to details and accuracy;
- Analytical & Negotiation Skills; and
- Organizational, planning skills and Results-oriented
For appointment to this position, the applicant must have: –
- Bachelor of Laws (LLB) degree from a recognized University;
- A Post Graduate Diploma in Law;
- Be an Advocate of the High Court with a current practicing certificate;
- Membership to Law Society of Kenya;
- A Senior Management Course or its equivalent will be added advantage;
- Proficiency in Computer applications;
- Demonstrated merit and ability as reflected in work performance and results; and
- Met the requirements of Chapter Six (6) of the Constitution.
- For the Senior Law Clerks are expected to have at-least nine (9) years post admission practicing experience or nine (9) years of extensive legal research in a relevant legal field.
- The Law Clerks are expected to have at-least six (6) years post admission practicing experience or six (6) years of extensive legal research in a relevant legal field.