Section 115: Judges, etc.

(1) Subject to the provisions of this Section, a person holding office as a Judge of the Superior Court of Judicature— a) may be required by the President to retire at any time after attaining the age of 55 years; or b) may retire as Judge at any time after attaining the age of sixty-two years. c) shall vacate that office on attaining the age of sixty-five years. (2) Notwithstanding that he has attained the age at which he is required by the provisions of this Section to vacate his office, a person holding the office of a Judge of the Superior Court of Judicature may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or do any other thing in relation to proceedings that were commenced before him previously thereto. (3) Subject to the provisions of this Section a Judge of the Superior Court of Judicature may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind or for stated misconduct, and shall not be so removed save in accordance with the provisions of this section. (4) If the President is satisfied, on a petition presented to him in that behalf, that the question of removing a Judge of the Superior Court of Judicature, other than the Chief Justice, ought to be investigated then— a) the President shall refer the petition to the Chief Justice for inquiry by a tribunal consisting of three Judges of the Superior Court of Judicature appointed by the Judicial and Legal Service Commission; and b) the tribunal shall inquire into the matter and report the facts and the findings thereon to the President and recommend to the President whether the Judge ought to be removed under the provisions of this Section; and the President shall act in accordance with the recommendations of the tribunal. (5) If the President is satisfied, on a petition presented to him in that behalf, that the question of removing the Chief Justice ought to be investigated, then— a) the President shall, acting in consultation with the Cabinet, appoint a tribunal to which he shall refer the petition and which tribunal shall consist of— i. two Justices of the Supreme Court., or legal practitioners qualified to be appointed as Justices of the Supreme Court one of whom shall be appointed Chairman by the President, and ii. three other persons who are not members of Parliament or Legal Practitioners, and b) that the tribunal shall enquire into the matter and report the facts and findings thereon to the President; and the President shall act in accordance with the recommendations of the tribunal. (6) Where the question of removing a Judge of the Superior Court of Judicature under the provisions of this Section has been referred to the appropriate tribunal, the President a) in the case of the Chief Justice, may by warrant under his hand suspend the Chief Justice from performing the functions of his office; and any such suspension may at any time be revoked by the President, or b) in the case of any other Judge may, acting in accordance with the advice of the Attorney-General and Minister of Justice, suspend that Judge from performing the functions of his office; and any such suspension may at any time be revoked by the President, acting in accordance with the advice of the Attorney-General and Minister of Justice. Remuneration of