The Judiciary

The Judiciary

The Judiciary

As the name system, this arm of government mainly centers on the Kenyan Judicial system. The Kenyan Judicial system adheres to a hierarchical system, with The Supreme Court being the highest organ, followed by the Court of Appeal, High Court, Magistrate's Courts and other Subordinate Courts.

The chief justice is the president of the judiciary and is appointed by the president subject to the approval of the National Assembly.

The Supreme Court, being the highest judicial organ, has the following key functions:

 Mandated to hear and determine presidential election disputes, if they occur.

 Attend to the appeals arising from the Court of Appeal.

The high Court, on the other hand, attends to criminal and civil cases as well as supervising the administration of justice in other lower ranking courts.

The Magistrate's courts as reconstituted under article 169 of the constitution of Kenya 2010 falls under Subordinate Courts and deals with criminal and civil matters within their ranks and jurisdictions. The pecking order of the Magistrates’ courts from top to bottom is as follows: Chief magistrates’ courts, Principal magistrates’ courts, Resident magistrates’ courts and District magistrate’s courts.

The Kadhis’ courts on the other hand as reconstituted under article 170 of the constitution of Kenya have their jurisdiction limited to determining matters arising in the Muslim law regarding marriage, divorce, inheritance and personal status. Kadhi courts solely center on citizens who willingly submit to Islam faith and the Kadhi court system.