The Judiciary derives its mandate from the Constitution of Kenya, Article 159 provides that:
- 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.
- In exercising judicial authority, the courts and tribunals shall be guided by the following principles:
- Justice shall be done to all, irrespective of status;
- Justice shall not be delayed;
- Alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3)
- Justice shall be administered without undue regard to procedural technicalities;
- The purpose and principles of this Constitution shall be protected and promoted.
- Traditional dispute resolution mechanisms shall not be used in a way that;
- contravenes the Bill of Rights;
- is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality;
- is inconsistent with this Constitution or any written law.
Independence of The Judiciary
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.