The constitution (COK, Chapter 10, Article 159) establishes the judiciary as the third state organ, along with the executive and legislature. The judiciary is independent and has full judiciary authority as vested in it by the people of Kenya according to the Constitution and other laws.
The judiciary of Kenya consists of the:
- Superior courts: The Supreme Court, Court of Appeal, High Court: Environment and Land Court, Employment and Labour Relations Court.
- The subordinate courts consist of Magistrates Court, Kadhis Court, Court Martial and any other court or local Tribunal established by an Act of Parliament.
The courts are responsible for the safeguarding the Constitution, the supreme law of Kenya. All state organs and institutions and persons in Kenya are subordinate to the Constitution and bound to abiding to the provisions of the Constitution and other laws of Kenya.
The courts are responsible for scrutinizing any laws, actions of institutions and persons and any other processes to determine adherence with the letter and spirit of the Constitution. The judiciary has the important role of giving effect to the constitutional provisions on devolution as the arm of government responsible for the interpretation of the Constitution. It has the duty to ensure the implementation is in accordance to the letter and spirit of the Constitution. The Supreme Court has the special jurisdiction to give an advisory opinion on any matter concerning a County Government upon request by a state organ.
The courts have the duty to clarify constitutional ambiguities and settle disputes between the two levels of government. The Constitution specifies the manner and approach that courts should settle in the event of a dispute or conflict between national and county laws.
Learn more about the Judiciary: https://www.judiciary.go.ke