Member of Tax Appeals Tribunal (Advocates of the High Court of Kenya) (9 Positions) at Judicial Service Commission

The Judicial Service Commission (JSC) is a part-time constitutional commission established under Article 171 of the Constitution and its membership comprise of: The Chief Justice who is the Chairperson One Supreme Court judge; One Court of Appeal judge One High Court judge One Magistrate The Attorney General Two advocates (one woman and one man); One person nominated by the Public Service Commission; One woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly. Our Mandate The Judicial Service Commission is an independent Commission established under Article 171 of the Constitution. Its mandate as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice. Our Functions Recommend to the President persons for appointment as judges. Review and make recommends on condition of service for judges (other than their remuneration), judicial officers and staff of the Judiciary. Receive complaints against, investigate and remove from office or otherwise disciplining registrars, magistrates, other judicial officers and other staff of the Judiciary. Prepare and implement programmes for the continuing education and training of judges and judicial officers. Advise the national government on improving the efficiency of the administration of justice.

Duties and Responsibilities

A Member shall serve in the Tax Appeals Tribunal. The functions and jurisdiction of the Tax Appeals Tribunal provided for under Section 3 the Tax Appeals Tribunal Act, No. 40 of 2013 to hear appeals filed against any tax decision made by Commissioner appointed under Kenya Revenue Authority Act.

The Member of the Tax Appeals Tribunal shall:

• Drive the Tribunal’s vision and mission through the implementation of its Programmes and Plans;


• Mobilize and manage the resources of the Tribunal to achieve its core mandate;


• Provide requisite leadership to ensure the Tribunal attains a high level of competitiveness and ethical standards in its entire programmes.


• Preside over all the proceedings where he


• She is present in person with unlimited geographical and pecuniary jurisdiction on matters of disputes;


• Participate in hearing and determination of all disputes which come before the full bench;


• Enter judgments in default of appearance;


• Determine and pronounce upon any point of law arising in the course of proceedings before the Tribunal;


• Approve, sign, issue and certify orders, decrees and certificates of costs, copies of proceedings and warrants of attachments for execution of Court decrees and orders; and


• Write and pronounce awards, judgments, orders, rulings and decrees issued by the Tribunal.

Requirements

For appointment to the position of Member of the Tax Appeals Tribunal, the applicant must possess the following minimum qualifications set out in Section 4 & 4A(b) of the Tax Appeals Tribunal (Amendment) Act No. 7 of 2022, namely:

• High moral character and integrity in accordance with Chapter six of the Constitution;


• Be an Advocate of the High Court of Kenya;


• At least ten years’ experience.


• Is not a public officer or a tax agent;


• Has not at any time within the preceding five years been an employee of the Kenya Revenue Authority;


• Has met his/her tax obligations;


• Has not been convicted of an offence under any law; and


• Has not been adjudged bankrupt by a court of competent jurisdiction.

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