Quick Answer
The Judiciary is the independent arm that interprets the law and settles disputes — from everyday cases in magistrates’ courts up to the Supreme Court, the final authority on the Constitution.
Key facts
- The Judiciary is independent of the other arms of government.
- Superior courts: Supreme Court, Court of Appeal and High Court (plus two specialised courts).
- Subordinate courts include magistrates’ and Kadhis’ courts.
- The Supreme Court is the final authority and binds all other courts.
What the Judiciary does
The Judiciary interprets and applies the law, resolves disputes, protects rights, and checks the other two arms by reviewing their actions against the Constitution. It is constitutionally independent (Article 160) — it answers to the law, not to the Executive or Parliament.
The superior courts
At the top sit the superior courts:
- Supreme Court — the highest court (the Chief Justice, Deputy Chief Justice and five other judges); the final word on the Constitution and on presidential election petitions.
- Court of Appeal — hears appeals from the High Court and the specialised courts.
- High Court — unlimited original jurisdiction in civil and criminal matters, and the protector of fundamental rights.
- Environment and Land Court and Employment and Labour Relations Court — two specialised courts of equal status to the High Court.
The subordinate courts
Most everyday cases start lower down, in the subordinate courts:
- Magistrates’ Courts — handle the bulk of day-to-day civil and criminal cases.
- Kadhis’ Courts — certain matters of Muslim personal law where all parties are Muslim.
- Courts Martial, the Small Claims Court, and tribunals established by law.
Independence and access to justice
Judges are appointed through the Judicial Service Commission, not by any single office, to protect independence. The Constitution also requires that justice be done without undue delay and be accessible to all.
Why this matters to you
The courts are where rights are enforced and disputes — including election petitions — are settled lawfully. Knowing the structure tells you where a case begins and how far it can be appealed.
Frequently asked questions
What is the highest court in Kenya?
The Supreme Court, whose decisions bind all other courts.
Is the Judiciary independent?
Yes — the Constitution guarantees judicial independence (Article 160).
Which court handles small everyday disputes?
Magistrates’ Courts, with very small money claims going to the Small Claims Court.
Sources & references
- Constitution of Kenya 2010, Chapter Ten (Judiciary), Articles 159–169 — klrc.go.ke
- The Judiciary of Kenya — judiciary.go.ke