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; and
- 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; or
- is inconsistent with this Constitution or any written law.
The Judiciary has developed a Judiciary Transformation Framework that has placed it on the path of institutional transformation. The Framework is currently at the validation stage.
The Judiciary is repositioning itself within the context of the Constitution of Kenya 2010. The Judiciary is involved in a major transformation programme with the competitive recruitment of the Chief Justice, other Judicial offices as well as admin and paralegal staff. A major re-organisation of the institution is currently underway to enable it fulfill its constitutional mandate under article 159 and meet public expectation.