Kenyan Constitution: The Sources of Kenyan Law

By Juma / Published January 27, 2017 | 6:57 am

According to Chapter 1 of the Constitution of Kenya, Kenya is a sovereign state where:

All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
The people may exercise their sovereign power either directly or through their democratically elected representatives.
Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution:

Parliament and the legislative assemblies in the county governments
The national executive and the executive structures in the county governments; and
The Judiciary and independent tribunals.

What are the sources of Kenyan Law?

The Constitution
Acts of Parliament
Subsidiary legislation
Common Law
Customary Law
Case Law
Islamic Law

The justice wing in Kenya is run by the Judiciary. There are three arms of government; the Executive, the legislature and the Judiciary. The judiciary dispenses justice through the courts. According to the constitution of Kenya, Chapter Ten, Articles 161 to 162:

The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.
There is established the office of–

Chief Justice, who shall be the Head of the Judiciary
Deputy Chief Justice, who shall be the Deputy Head of the Judiciary; and
Chief Registrar of the Judiciary, who shall be the chief administrator and accounting officer of the Judiciary

The Judicial Service Commission may establish other offices of registrar as may be necessary.

The court system is Kenya is divided into two categories according to Chapter Ten of the Constitution

of Kenya:

The Superior Courts

which have:

Supreme Court
Court of Appeal
High Court
Employment and Labour Relations Court
Environment and Land Court

The Subordinate Courts

Magistrate Courts
Kadhi Courts
Court Martial
Any other court established by an Act of Parliament.

About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.(020) 528 0222 or Email: info@sokodirectory.com

View other posts by Juma