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COURTESY OF ATIKA SCHOOL
Judicial authority and legal system.
Judicial Authority is derived from the people and is vested in courts and tribunals established by the constitution.
Principles that guide Judicial Authority in Courts and Tribunals in Kenya.
Ways in which the traditional Dispute resolution is limited in Kenya.
The structure of the judicial system in Kenya.
The Hierarchy of the court system in the Kenyan judiciary is in accordance with;
Difference between original and appellate jurisdictions.
The Head of the Judiciary is the Chief Justice with the Deputy Chief Justice as the Deputy Head of the Judiciary.
Chief Registrar of the Judiciary is the chief administrator and accounting officer of the Judiciary. The System of courts is as follows
1. Superior Courts
Supreme Court consisting of the Chief Justice who is the president of the court, the Deputy Chief Justice-the vice-president of the court; and five other judges.
Appointment to the Supreme Court requires the following qualifications;
Functions of the Supreme Court of Kenya.
2. Court of Appeal
Court of Appeal consisting of judges, not fewer than twelve, a president of the Court of Appeal elected by the judges of the Court of Appeal from among themselves. (The court of Appeal has membership of 30 Judges currently). Each judge to be appointed to the court of Appeal should have ten years experience as a superior court judge or at least ten years as a distinguished academic or legal practitioner.
The court of appeal does not have original jurisdiction except on an application for a stay of execution pending appeal to it on contempt proceedings.
Function of the Court of Appeal in Kenya.
The Court of Appeal has jurisdiction to hear appeals from the High Court; and any other court or tribunal as prescribed by an Act of Parliament.
3. High Court
High Court headed by a Principal Judge of the High Court, who shall be elected by the judges of the High Court from among themselves.
Functions of the high court of Kenya.
Termination of the services of a judge from office.
A judge can be dismissed from service on the following grounds.
Such a process is initiated by the Judicial Service Commission on its own initiative or on petition of any person to it based on any of the dismissal grounds.
The commission, if satisfied with the petition or initiative, forwards the matter to the president, who will suspend the said Judge, within Fourteen Days after receiving the petition and on advice of the Judicial Service Commission.
A tribunal is then appointed to determine the case. If the Judge is aggrieved by the decision of the Tribunal, he/she may appeal to the Supreme Court within ten days after the tribunal has made its recommendation.
The president will finally act in accordance with the recommendation of the tribunal.
4. Subordinate courts.
a) The Magistrates courts.
Its jurisdiction in both Civil and criminal cases is limited to geographical areas. However the courts have unlimited Jurisdiction in proceedings concerning claims under
customary law such as dowry, divorce, legitimacy, inheritance and the administration of estates of the deceased person.
They have unlimited jurisdiction in dealing with matters related to land, adultery and inheritance.
These are the courts responsible for sentencing persons who have broken law of the land. Reasons why a person who has broken the law should be sentenced by a court.
The courts are headed by a Chief Kadhi and not fewer than three Kadhis Qualifications for appointment as a Kadhi.
There is no right to appeal to the high court against the decisions of the courts martial unless they involve constitutional cases. Industrial Court Juvenile Court
The Judicial Service Commission.
Membership of the JSC is as follows.
Functions of the Judicial Service Commission
The concept of “Independence of the Judiciary” in Kenya.
Challenges facing the judiciary in Kenya.
Solutions to the problems facing Kenya’s Judiciary.
Some of the mile stone decisions undertaken to restore public confidence in the judiciary include;
The Rule of Law.