THE COURT SYSTEM IN KENYA UNDER THE NEW
CONSTITUTION
Court Structure in Kenya according to the new constitution
The judicial system in Kenya is defined by 15 articles spanning from article 159 (judicial authority) to article 173 (Judiciary Fund) contained in the new constitution of Kenya. These 15 articles have been divided into four parts
namely;
Part 1(Judicial authority and legal system)
Part 2 (Superior Court)
Part 3 (Subordinate Courts)
Part 4 (Judicial Service Commission)
Part 1 (judicial authority and legal system) begins from article 159 to article 162. The four articles contained in part 1 of the Judiciary chapter (Chapter 10) are the following.
Article 159—Judicial authority
Article 160—Independence of the Judiciary
Article 161—Judicial offices and officers
Article 162—System of courts
Part 2 (Superior courts) begins from article 163 to article 168. The 6 articles contained in part 2 of
the judiciary chapter (chapter 10) are the following
163—Supreme Court
164—Court of Appeal
165—High Court
166—Appointment of Chief Justice, DeputyChief Justice and other judges
167—Tenure of office of the Chief Justiceand other judges
168—Removal from office
Part 3 (Subordinate courts) begins from article 169 to article 170. There are 2 articles in the part 3 of
the judiciary chapter (chapter 10). Here are the 2 articles
169—Subordinate courts
170—Kadhis’ Courts
Part 4 (Judicial Service Commission) is the last part of the Judiciary chapter (chapter 10). It begins
from article 171 to article 173 of the new constitution of Kenya and has 3
articles. They are listed below;-
171—Establishment of the Judicial Service Commission
172—Functions of the Judicial Service Commission
173—Judiciary Fund
Part 1 (judicial authority and legal system) defines the source of the powers vested in the
court system of Kenya and the tribunals. It defines the independence of the
judiciary and the system of courts.
Part 2 (Superior courts) defines the structure of the supreme courts, the
establishment of Appeal court and the high court. It states how the chief
justice his deputy and other judges shall be appointed. Their academic
qualifications and any other qualification required are clearly stated. And
last but not least their tenure and removal from office.
Part 3 (Subordinate courts) defines the types of courts i.e. the subordinate courts,
the kadhis and any other tribunal court.
Part 4 (Judicial Service Commission) ends with the definition and the establishment of
the Judicial service commission (JSC), its functions and the source of its
funding
Kenya
court system of Kenya
court system in Kenya
