” 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 “.
Rule of Law
Advocate and his professional independence
Dimensions of Judicial Governance
| I. Regulatory | Competences related to establishment, abolition, or changes in the jurisdiction and procedural rules of a court |
| II. Administrative | Composition of a court (setting the number of judges, panels and their composition), work schedules, case assignment |
| III. Personal | Selection and (re)appointment of judges, promotions, removals and transfers of judges (permanent and temporary), disciplining of judges, civil and criminal prosecution, evaluations of judges |
| IV. Financial | Size of a court’s budget, salaries of judges |
| V. Educational | Compulsory education (plan and structure) and further training and education of judges |
| VI. Informational | Publication of rulings, recordings of trials, annual reports, case assignment, disclosure of judges’ property, political affiliation and some personal information |
| VII. Digital | Placement of servers with online data |
| VIII. Ethical | Preparation and interpretation of the code of conduct, off‐bench activities of judges, communication with media |
Source: Judicial Self-Governance Index: Towards better understanding of the role of judges in governing the judiciary
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Judicial Corruption, World Justice Project
