Download PDF - The Judiciary

State of Judiciary 2011-2012
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Chapter 1
INTRODUCTION AND OVERVIEW
The Judiciary is one of the three State organs to which the
sovereign power of the people of Kenya has been delegated.
The Judiciary is bound by the national values and principles
of governance in Article 10 of the Constitution, which include
patriotism, national unity, sharing and devolution of power,
participation of the people, social justice, transparency and
accountability, among others.
Its main role is to deliver justice as well as interpret the law and
the Constitution.
The Judicial Service Act, 2011, governs the administration of the
Judiciary as well as its functioning. It requires the Chief Justice in
Section 5 (2) (b), to give an annual report to the nation on the
State of the Judiciary and the administration of justice.
This inaugural State of the Judiciary Report takes stock of
accomplishments in the past year just as it acknowledges
challenges in delivering on this institution’s constitutional and
statutory mandate.
1.1 The Constitution of Kenya
The Constitution lays the basis for the exercise of judicial authority:
Article 159 states that “judicial authority is derived from the
people and vests in, and shall be exercised by, the courts and
tribunals established by or under this Constitution.” The Judiciary
is required to deliver justice, without delay, to all irrespective of
status, administer justice without undue regard to procedural
technicalities, promote alternative forms of dispute resolutions
including reconciliation, mediation, including traditional dispute
resolution mechanism, while promoting and protecting the
purpose and principles of the Constitution.
The Judiciary’s purpose is focused on a higher end -- the cause of
justice. The Preamble to the Constitution recognises the aspirations
of all Kenyans for a government based on the essential values of
human rights, equality, freedom, democracy, social justice and
the rule of law. In interpreting the law, the Judiciary is required to
always reckon with the imperative to deliver justice.