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Judiciary of Kenya


The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya After the promulgation of the constitution of Kenya 2010 the general public through parliament sought to reform the judiciary. Parliament passed the Magistrates and Judges vetting act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of magistrate and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.

The Judiciary of Kenya consists of Superior courts made up of the Supreme Court, Court of Appeals, High Court, Industrial Court, Environment and Land Court. The subordinate courts consisting of Magistrate Court, Courts Martial and Kadhi Court.

The Supreme Court is the highest court in Kenya, and all other courts are bound by its decisions. It was established under Article 163 of the Constitution as the final arbiter and interpreter of the Constitution. It sits at the Supreme Court Building (formerly the Court of Appeal in Nairobi Central Business District), and is deemed to be properly constituted for purposes of its proceedings when five of the judges are sitting.

It comprises the Chief Justice, who is the President of the Court, the Deputy Chief Justice, who is the Vice-President of the Court and five other Judges.

This court handles appeal cases from the High Court and as prescribed by Parliament. It will constitute not less than 12 judges and will be headed by a President appointed by the Chief Justice. THe current President of the Court of Appeal in Justice Paul Kihara Kimani.

Each station of the court is led by a Principal Judge.

The High court of Kenya is established under article 165 of the constitution of Kenya. It has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi-judicial function. The judges responsible elect one of them to act as the topmost principal judge in the court system. Has unlimited original jurisdiction and carries out supervisory roles.

Established under Article 162(2)(a) of the Constitution of Kenya 2010 as well as The Employment & Labour Relations Act of 2011 - An Act of Parliament to establish the Employment and Labour Relations Court to hear and determine disputes relating to employment and labour relations and for connected purposes. Any disputes relating to employments is preliminarily held at this court , and any further proceedings are taken to High court if the case is not determined to conscience of the complainant


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