HANGAYA THE CHIEF
JF-Expert Member
- Sep 10, 2021
- 330
- 962
soma acha uvivu au tafuta legal puritan wakusaidie sio kila mada lazima udakie zingine ni sheria, in short the spirit and letters of the said provision are straight forwad to time enlargement of the Justice of Appeal and not Chief Justice, however, the chief Justice has two capacities, id est, Justice of Appeal (colleague of Justices) and Chief Justice. the Constitution is clear that no enlargement of time for a Chief Justice but the same can be done for Justice of Appeal, should the president need the service of the Chief Justice should choose one, in the event need Professor Juma as Justice of Appeal can enlarge time for him as a Justice of Appeal and not Chief Justice.Hayuko sahihi katiba inampa Rais mamlaka ya kuongeza mda wa Jaji wa rufaa
120.-(1) Every Justice of Appeal shall vacate his office upon attaining the age of sixty-five, but the provisions of this sub article shall apply subject to the subsequent provisions of this Article.
(2) Any Justice of Appeal may vacate office in the service of the Untied Republic at any time on attaining the age of sixty five years except where the President directs that he should not vacate office, and if the President so directs,then the Justice to whom the directions of the President relate shall not vacate office until the expiry of the period specified by the President for that purpose.
(3) In the event that the President considers it to be in the public interest that a Justice of Appeal who has attained sixty-five years of age continue in office,and the Justice of Appeal agrees in writing to continue in office, then the President may direct that the Justice of Appeal continue in office for any period which maybe specified by the President.
(4) Notwithstanding that a Justice of Appeal has attained the age at which he is required by the provisions of this Article to vacate his office, a person who was holding the office of Justice of Appeal may continue to perform the functions of that office after attaining that age until he completes the preparation and delivery of decision or until he completes any other business in connection with matters which he had started hearing before attaining that age.
kwa kifupi
usichanganye vipengele vya sheria hizo nukuliwa vinazungumzia jaji wa mahakama kuu, na jaji mkuu, jaji mkuu ameelezwa kwenye ibara ya 118 na majaji wa mahakama kuu wameelezwa kwenye ibara ya 120, kwa hiyo tofauti yao ni nafasi zao. wote ni majaji ya mahakama kuu, lakini katiba imempa mamlaka Rais kuongeza muda kwa majaji wa mahakama ya Rufaa na sio wa jaji mkuu.
ni kavunja katiba full stop,
Kingine the most highest Learned Fellow kanya tafiti, kama unadhani uko sahihi toa andiko sio nukuu wa uwelewa finyu za vifungu vya sheria.