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Constitution of Kenya, 2010
CHAPTER TEN—JUDICIARY
Part 1—Judicial Authority and Legal System
Judicial authority.
159. (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.
Independence of the
Judiciary.
160. (1) In the exercise of judicial authority, the Judiciary, as
constituted by Article 161, shall be subject only to this Constitution
and the law and shall not be subject to the control or direction of any
person or authority.
(2) The office of a judge of a superior court shall not be abolished
while there is a substantive holder of the office.
(3) The remuneration and benefits payable to or in respect of
judges shall be a charge on the Consolidated Fund.