Chapter Eight
The Judiciary.
Administration of justice.
126. Exercise of judicial power.
(1) Judicial power is derived from the people and shall be exercised
by the courts established under this Constitution in the name of the people
and in conformity with law and with the values, norms and aspirations of the
people.
(2) In adjudicating cases of both a civil and criminal nature, the courts
shall, subject to the law, apply the following principles—
(a) justice shall be done to all irrespective of their social or economic
status;
(b) justice shall not be delayed;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) reconciliation between parties shall be promoted; and
(e) substantive justice shall be administered without undue regard to
technicalities.
127. Participation of the people in the administration of justice.
Parliament shall make law providing for participation of the people in the
administration of justice by the courts.
128. Independence of the judiciary.
(1) In the exercise of judicial power, the courts shall be independent
and shall not be subject to the control or direction of any person or authority.
(2) No person or authority shall interfere with the courts or judicial
officers in the exercise of their judicial functions.
(3) All organs and agencies of the State shall accord to the courts
such assistance as may be required to ensure the effectiveness of the courts.
(4) A person exercising judicial power shall not be liable to any
action or suit for any act or omission by that person in the exercise of judicial
power.