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KenyaSimplified

Chapter 10, Part 1 · Art. 159

Judicial authority

2010-as-amended · effective 2010-08-27

Official text

(1) 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.
(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles—
  (a) justice shall be done to all, irrespective of status;
  (b) justice shall not be delayed;
  (c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
  (d) justice shall be administered without undue regard to procedural technicalities; and
  (e) the purpose and principles of this Constitution shall be protected and promoted.
(3) Traditional dispute resolution mechanisms shall not be used in a way that—
  (a) contravenes the Bill of Rights;
  (b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
  (c) is inconsistent with this Constitution or any written law.
In simple words
  • Judicial authority comes from the people and is exercised by the courts and tribunals.
    Art. 159(1)

    (1) 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.

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  • The principles include justice for all irrespective of status, justice not delayed, and promotion of alternative dispute resolution.
    Art. 159(2)

    (2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles— (a) justice shall be done to all, irrespective of status; (b) justice shall not be delayed; (c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3); (d) justice shall be administered without undue regard to procedural technicalities; and (e) the purpose and principles of this Constitution shall be protected and promoted.

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  • Traditional dispute resolution must not contravene the Bill of Rights or be repugnant to justice and morality.
    Art. 159(3)

    (3) Traditional dispute resolution mechanisms shall not be used in a way that— (a) contravenes the Bill of Rights; (b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or (c) is inconsistent with this Constitution or any written law.

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Kids explanation
  • Courts decide cases fairly, and everyone is equal before them.
    Art. 159(2)

    (2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles— (a) justice shall be done to all, irrespective of status; (b) justice shall not be delayed; (c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3); (d) justice shall be administered without undue regard to procedural technicalities; and (e) the purpose and principles of this Constitution shall be protected and promoted.

    Read the full article →

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