The Judiciary is one of the three 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. Its primary role is to exercise judicial authority given to it, by the people of Kenya.
The institution is mandated to deliver justice in line with the Constitution and other laws. It is expected to resolve disputes in a just manner with a view to protecting the rights and liberties of all, thereby facilitating the attainment of the ideal rule of law. Read More About Us
Article 159 of the Constitution mandates the Judiciary to use Alternative Dispute Resolution mechanisms including Mediation. arbitration, negotiated rulemaking, neutral factfinding, and minitrials.
The Small Claims Court is established by the Small Claims Act 2016. This a subordinate court in the structure of the court system in Kenya under Article 169 (1) of the Constitution with a monetary jurisdiction of matters not exceeding Kshs1 million.
Court Annexed Mediation (CAM) was introduced by the Judiciary in an effort to alleviate case backlog and in line with Article 159 (2) (c) of the Constitution which mandates the Judiciary to promote alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.
Five principles guiding the Vision of the Judiciary are Accessibility and efficiency, Transparency and accountability, Inclusivenesss and shared leadership. In the spirit of inclusiveness, shared leadership & endeavor for transparency & accountability different courts are headed by Principal or Presiding Judge with the court of appeal and the supreme court headed by a president.
The Judiciary partners with governmental, non-governmental and private sector players in the areas of Research & Policy Development with a focus on Judiciary Social Transformation through Access to Justice (STAJ).
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