The Judiciary in Kenya is made up of a well defined and structured court system as well as the Judicial Service Commission and the Judiciary Training Institute.
It was only after the enactment of the Independence Constitution in 1963 that a truly independent and impartial judiciary was set up.
The Independence Constitution established a Supreme Court with unlimited original criminal and civil jurisdiction over all persons, regardless of racial or ethnic considerations.
The judges were to be appointed by an independent Judicial Service Commission. The Constitution further provided for the establishment of a Court of Appeal and the Kadhi’s court.
When Kenya became a Republic in 1964, the Supreme Court was renamed the High Court and remains so. In 1967, three major laws were enacted. These were the Judicature Act (Cap 8), the Magistrates’ Courts Act (Cap 10), for magistrates’ courts, and the Kadhi’s Courts Act (Cap 11) responsible for governing the Kadhi’s Courts. These Acts have streamlined the administration of justice in Kenya..
Today, the Judiciary is made up of:
- The Supreme Court, which is the highest court,
- Court of Appeal, the High Court,
- Magistrates Courts,
- Kadhi’s Courts,
- Children’s Courts,
- Traffic Courts,
- Anti-Corruption Courts,
- Courts Martials,
- The Judicial Service Commission and the Judiciary Training Institute.