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.