Quick answer
The Judiciary resolves disputes, interprets the Constitution, protects the Bill of Rights, checks the Executive and Parliament, settles election petitions, hears appeals, supervises lower courts and promotes mediation. Its powers come from Articles 159 to 173 of the Constitution of Kenya 2010.
Updated 19 October 2026
The Judiciary is one of the three arms of government in Kenya, alongside the Executive and Parliament. Its core job is to resolve disputes and interpret the law, but the Constitution of Kenya 2010 gives it a much wider role: protecting the Bill of Rights, settling presidential election petitions, checking the other arms of government and supervising every lower court and tribunal. This guide sets out the full list of the Judiciary’s functions, drawn from Chapter Ten of the Constitution (Articles 159 to 173), the Judicature Act, the Judicial Service Act 2011, the Magistrates’ Courts Act 2015 and the Small Claims Court Act 2016.
In this guide
Where the Judiciary Gets Its Power
Article 159 says judicial authority is derived from the people and vests in, and is exercised by, the courts and tribunals established under the Constitution. In exercising that authority, courts must be guided by five 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, shall be promoted; justice shall be administered without undue regard to procedural technicalities; and the purpose and principles of the Constitution shall be protected and promoted.
Full List of Functions of the Judiciary in Kenya
1. Resolving disputes
The most visible function. Courts hear civil disputes (contracts, land, debts, family and succession matters) and criminal cases brought by the Director of Public Prosecutions, and decide them according to the law and evidence.
2. Interpreting the Constitution
Under Article 165, the High Court has jurisdiction to hear any question on the interpretation of the Constitution, including whether a law is inconsistent with it or whether anything done under the authority of the Constitution or any law is valid. Courts can declare an Act of Parliament or a government decision unconstitutional.
3. Protecting the Bill of Rights
Article 23 gives the High Court authority to hear applications for the enforcement of fundamental rights and freedoms, and to grant remedies such as declarations, injunctions, conservatory orders, compensation and orders of judicial review. Anyone can file such a petition, including on behalf of others or in the public interest.
4. Checking the other arms of government
Through judicial review and constitutional petitions, courts check whether the Executive, Parliament, county governments and public bodies have acted within the law. Recent business examples on this site include the court order on the JKIA upgrade contract disclosure and the Court of Appeal ruling on the Kenya and US health deal.
5. Settling election disputes
Article 163(3) gives the Supreme Court exclusive original jurisdiction to hear petitions challenging the election of the President. The High Court hears disputes over parliamentary and governor elections, and magistrates’ courts designated by the Chief Justice hear county assembly election petitions.
6. Giving advisory opinions
Under Article 163(6), the Supreme Court may give an advisory opinion at the request of the national government, any State organ or any county government on any matter concerning county government.
7. Hearing appeals
The Judiciary corrects its own mistakes through appeals. Decisions of magistrates’ courts go to the High Court, High Court decisions go to the Court of Appeal, and the Supreme Court hears appeals from the Court of Appeal where a constitutional question is involved or where it certifies a matter of general public importance.
8. Supervising lower courts and tribunals
Article 165(6) gives the High Court supervisory jurisdiction over subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function. It can call for the record of any proceedings and make orders to ensure the fair administration of justice.
9. Promoting alternative dispute resolution
Article 159(2)(c) requires courts to promote mediation, reconciliation, arbitration and traditional dispute resolution. The Judiciary runs court-annexed mediation, where suitable civil and family cases are referred to accredited mediators before trial.
10. Deciding specialised disputes
Article 162(2) created courts with the status of the High Court for specialised matters: the Employment and Labour Relations Court for workplace disputes and the Environment and Land Court for land use, title and environmental cases. Kadhis’ courts (Article 170) decide questions of Muslim law on personal status, marriage, divorce and inheritance where all parties profess Islam and submit to their jurisdiction.
11. Delivering quick, cheap justice for small claims
The Small Claims Court, set up under the Small Claims Court Act 2016, hears simple civil claims such as unpaid goods and services, money lent and small contract disputes. Its limit is KSh 1 million after the 2020 amendment, cases are meant to be decided within 60 days of filing, and parties can represent themselves.
12. Administering itself independently
Article 160 guarantees the Judiciary’s independence: it is subject only to the Constitution and the law, judges’ salaries are charged on the Consolidated Fund and cannot be cut to their disadvantage, and judges cannot be sued for acts done in good faith in their judicial work. Article 173 created the Judiciary Fund, administered by the Chief Registrar, to pay for its administrative expenses.
How the Courts Are Organised
| Court | Main role |
|---|---|
| Supreme Court | Highest court; seven judges led by the Chief Justice as President of the court and the Deputy Chief Justice as Vice-President. Presidential petitions, final appeals, advisory opinions. |
| Court of Appeal | At least 12 judges, led by a President elected from among them. Hears appeals from the High Court and courts of equal status. |
| High Court | Unlimited original jurisdiction in civil and criminal matters, Bill of Rights enforcement, constitutional interpretation, supervision of lower courts. |
| Employment and Labour Relations Court; Environment and Land Court | Same status as the High Court for employment and land or environment disputes. |
| Magistrates’ courts | Most criminal and civil trials. Under the Magistrates’ Courts Act 2015, civil limits range from KSh 5 million for a Resident Magistrate to KSh 20 million for a Chief Magistrate. |
| Kadhis’ courts | Muslim personal law matters, led by the Chief Kadhi. |
| Small Claims Court; tribunals | Simple claims up to KSh 1 million; tribunals such as the Rent Restriction and Business Premises tribunals for specialised disputes. |
Who Runs the Judiciary
Article 161 names three judicial offices. The Chief Justice is the head of the Judiciary, the Deputy Chief Justice deputises and heads the Supreme Court in the Chief Justice’s absence, and the Chief Registrar is the chief administrator and accounting officer. The Chief Justice and Deputy Chief Justice are appointed by the President on the recommendation of the Judicial Service Commission (JSC), subject to approval by the National Assembly. A Chief Justice serves a single term of up to ten years or until the retirement age of 70, whichever comes first. Martha Koome has been Chief Justice since May 2021, the first woman in the role.
The JSC (Articles 171 and 172) promotes the independence and accountability of the Judiciary, recommends judges for appointment, receives complaints against judges, and handles the discipline of judicial officers and staff. Removal of a judge follows the tribunal process in Article 168.
Using the Courts as a Citizen or Business
- Most courts now accept electronic filing and payment of court fees through the Judiciary e-filing system, so you rarely need to queue at a registry.
- For small business debts, start with the Small Claims Court before considering a full civil suit.
- Ask about court-annexed mediation if your matter is commercial or family related; it is usually faster.
- Judiciary job adverts for clerks, legal researchers and magistrates are published by the JSC and shared on JobInKenya.
Frequently asked questions
What is the main function of the Judiciary in Kenya?
To exercise judicial authority on behalf of the people by resolving disputes and interpreting and applying the law, including the Constitution, under Article 159.
Who is the head of the Judiciary in Kenya?
The Chief Justice, under Article 161. Martha Koome has held the office since May 2021.
Which court handles presidential election petitions?
The Supreme Court, which has exclusive original jurisdiction under Article 163(3).
Is the Judiciary independent of the President and Parliament?
Yes. Article 160 says the Judiciary is subject only to the Constitution and the law and is not subject to the control or direction of any person or authority.
What is the role of the Judicial Service Commission?
The JSC recommends judges for appointment, handles complaints and discipline, and promotes the independence and accountability of the Judiciary under Articles 171 and 172.
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