Functions Of The Judiciary In Kenya

This article focuses on the functions of the judiciary in Kenya. The Judiciary is one of the 3 state organs established under Chapter 10, Article 159 of the constitution of Kenya. It establishes the judiciary as an independent custodian of justice in Kenya.

The judiciary and its related institutions are mandated to deliver justice in line with the Constitution and other laws. The related institutions are; Judicial Service Commission (JSC), Kenya Law, Tribunal and the Kenya Judiciary Academy (KJA).

The judiciary derives its mandate from the constitution of Kenya, Article 159. The functions are discharged through the court system (structure), the Judicial Service Commission and the Kenya Law.

The judiciary is made up of superior and subordinate courts. The courts include;

(a). Superior Courts

  • Supreme court.
  • Court of appeal.
  • High court.
  • Environment & land court.
  • Employment & labour relations court.

(b). Subordinate Courts

  • Magistrates court.
  • Kadhis court.
  • Court martial.
  • Small claims court.
  • Any court or local tribunal established by an Act of Parliament.

The head of the judiciary is the Chief Justice who is also the president of the supreme court.

Functions of The Judiciary in Kenya

1. Formulation and implementation of judicial policies.

2. Handle the broader administration of justice.

3. Compilation and dissemination of case law and other legal information for the effective administration of justice.

4. Handle disputes in a just manner, with a view to protect the rights & liberty of all, thereby facilitating the attainment of the ideal rule of law.

5. Provide in-depth, accessible, fair and responsive fora for dispute resolution and development of jurisprudence.

6. Promote the rule of law by shaping public policy through the interpretation of the constitution and ensuring access to justice.

7. Protect the constitution of Kenya by promoting national values and principles of good governance.

8. Foster social & political stability and promote national socio-economic development through its process and decision.

The Judiciary Contacts

0730 181 600/ 0730 181 681/ 0730 181 675.


Zack Abuyeka

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