The Judiciary in Kenya is an independent arm of government established under Chapter 10 of the Constitution. It exercises judicial authority and ensures justice is administered fairly, independently, and without influence.
🔹 Key Features of the Judiciary in Kenya
✔ Judicial authority derives from the people and is exercised by courts and tribunals.
✔ The Judiciary is independent and not subject to control by any person or authority.
✔ The courts protect rights, resolve disputes, and uphold the rule of law.
🔹 The Court System in Kenya
The Judiciary in Kenya is structured into two main categories of courts:
1️⃣ Superior Courts
2️⃣ Subordinate Courts
1️⃣ Superior Courts (Higher Courts)
These courts are established by the Constitution and include:
1. Supreme Court
- The highest court in Kenya.
- Composed of the Chief Justice, Deputy Chief Justice, and five other judges.
- Hears presidential election disputes and appeals on constitutional matters.
2. Court of Appeal
- Handles appeals from the High Court and other lower courts.
- Led by a President of the Court of Appeal, elected by fellow judges.
- Has at least 12 judges as prescribed by law.
3. High Court
- Has unlimited jurisdiction over civil and criminal cases.
- Supervises subordinate courts and tribunals.
- Led by a Principal Judge, elected by High Court judges.
4. Employment and Labour Relations Court
- Handles labour and employment disputes.
- Has equal status to the High Court.
- Led by a Principal Judge, elected by the court’s judges.
5. Environment and Land Court
- Deals with land and environmental matters.
- Has equal status to the High Court.
- Led by a Presiding Judge, elected by the court’s judges.
2️⃣ Subordinate Courts (Lower Courts)
These courts operate below the High Court and handle less complex cases.
✔ Magistrates’ Courts – Handle civil, criminal, and family matters.
✔ Kadhis’ Courts – Handle Muslim personal law cases (e.g., marriage, divorce, inheritance).
✔ Courts Martial – Deal with military personnel under the Kenya Defence Forces Act.
✔ Small Claims Court – Handles disputes involving less than KSh 1 million.
✔ Tribunals – Established by Acts of Parliament to resolve specialized disputes (e.g., Rent Tribunal, Business Disputes Tribunal).
🔹 Conclusion
Kenya’s Judiciary ensures justice is served through a well-structured system of courts. The Superior Courts handle serious legal matters, while Subordinate Courts deal with less complex cases. The Judiciary remains independent to uphold the rule of law and protect citizens’ rights.
