Judiciary

Part 1—Judicial authority and legal system

1. 159Judicial authorityJudicial authority comes from the people and is exercised by courts and tribunals. They must do justice to all, avoid delay and undue technicalities, and promote alternative dispute resolution. Traditional methods must not breach the Bill of Rights, justice, morality, the Constitution or written law.
2. 160Independence of the JudiciaryThe Judiciary is subject only to the Constitution and the law, and no person or authority may control or direct it. Judges' pay is protected from reduction, and judicial officers are not liable for things done in good faith in lawful performance of judicial functions.
3. 161Judicial offices and officersThe Judiciary consists of judges, magistrates, other judicial officers and staff. The Chief Justice is Head of the Judiciary, the Deputy Chief Justice is deputy head, and the Chief Registrar is chief administrator and accounting officer.
4. 162System of courtsThe superior courts are the Supreme Court, Court of Appeal, High Court, and the specialised courts Parliament must set up for employment and labour disputes and for environment and land disputes. The subordinate courts are those set up under Article 169.

Part 2—Superior Courts

1. 163Supreme CourtThe Supreme Court has the Chief Justice, Deputy Chief Justice and five other judges. It alone hears presidential election disputes, hears appeals on constitutional questions or certified matters of general public importance, may give advisory opinions on county government, and binds all other courts.
2. 164Court of AppealThe Court of Appeal has at least 12 judges, who elect their own president. It hears appeals from the High Court and from other courts or tribunals as an Act of Parliament provides.
3. 165High CourtThe High Court hears criminal and civil matters, decides whether Bill of Rights rights have been violated and whether a law or act contravenes the Constitution, and supervises subordinate courts. It does not hear matters reserved to the Supreme Court or the specialised courts.
4. 166Appointment of Chief Justice, Deputy Chief Justice and other judgesThe President appoints the Chief Justice and Deputy Chief Justice on the Judicial Service Commission's recommendation with National Assembly approval, and other judges on the Commission's recommendation. Judges must have the stated legal qualifications and experience, and high moral character, integrity and impartiality.
5. 167Tenure of office of the Chief Justice and other judgesJudges retire at 70 and may choose to retire from 65. The Chief Justice serves at most ten years or until retirement age, whichever is earlier, and may then stay on as a Supreme Court judge. Judges may resign by written notice to the President.
6. 168Removal from officeA superior court judge may be removed only for incapacity, breach of the judges' code of conduct, bankruptcy, incompetence, or gross misconduct. The Judicial Service Commission handles petitions, a tribunal inquires, and the judge may appeal to the Supreme Court within ten days.

Part 3—Subordinate courts

1. 169Subordinate courtsThe subordinate courts are the Magistrates courts, Kadhis' courts, Courts Martial, and any other court or local tribunal Parliament establishes, other than the specialised courts under Article 162(2). Parliament must legislate to give them jurisdiction and powers.
2. 170Kadhis’ courtsThere is a Chief Kadhi and at least three other Kadhis, who must be Muslim and know Muslim law. Kadhis' courts decide only questions of Muslim law on personal status, marriage, divorce or inheritance where all parties are Muslim and submit to the court.

Part 4—Judicial Service Commission

1. 171Establishment of the Judicial Service CommissionThe Judicial Service Commission is chaired by the Chief Justice and includes judges, a magistrate, the Attorney-General, two advocates, a Public Service Commission nominee and two non-lawyer public representatives (one woman, one man). Most members serve five years, renewable once.
2. 172Functions of the Judicial Service CommissionThe Commission promotes judicial independence and accountability and efficient, transparent administration of justice. It recommends judges for appointment, deals with conditions of service, disciplines or removes magistrates and other staff, and trains judicial officers.
3. 173Judiciary FundThe Judiciary Fund, run by the Chief Registrar, pays the Judiciary's administrative expenses. Each year the Chief Registrar submits estimates to the National Assembly, and once approved the money is a charge on the Consolidated Fund paid directly into the Fund.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.