Kenya’s Constitution of 2010

Judicial Independence

Article 160. 1.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. 2.The office of a judge of a superior court shall not be abolished while there is a substantive holder of the office.3.The remuneration and benefits payable to or in respect of judges shall be a charge on the Consolidated Fund.4.Subject to Article 168(6), the remuneration and benefits payable to, or in respect of, a judge shall not be varied to the disadvantage of that judge, and the retirement benefits of a retired judge shall not be varied to the disadvantage of the retired judge during the lifetime of that retired judge. 5.A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

Judicial Council or Parallel Institution

Article 172. 1.The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall: a. recommend to the President persons for appointment as judges; b. review and make recommendations on the conditions of service of: i. judges and judicial officers, other than their remuneration; and ii. the staff of the Judiciary; c. appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament; d. prepare and implement programmes for the continuing education and training of judges and judicial officers; and e. advise the national government on improving the efficiency of the administration of justice.2.In the performance of its functions, the Commission shall be guided by the following: a. competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and b. the promotion of gender equality.

Attorney General’s Office

Article 156.1. There is established the office of Attorney-General. 2. The Attorney-General shall be nominated by the President and, with the approval of the National Assembly, appointed by the President. 3.The qualifications for appointment as Attorney-General are the same as for appointment to the office of Chief Justice.

Human Rights Council

Reimagining justice: confronting contemporary challenges to the independence of judges and lawyers, June 26, 2023

General Assembly

Judicial independence in the context of the 2030 Agenda for Sustainable Development, October 14, 2022

Human Rights Council

Protection of lawyers against undue interference in the free and independent exercise of the legal profession, June 21, 2022

General Assembly

Participation of women in the administration of justice, October 13, 2021

Human Rights Council

Report on Impact and challenges of the coronavirus disease (COVID-19) pandemic for independent justice, June 28, 2021

General Assembly

Report on Disciplinary Proceedings Against Judges, October 15, 2020

Human Rights Council

Report: Independence of Public Prosecutors, Corruption and Human Rights, July 13, 2020

General Assembly - October 16, 2019

Report on the UN Basic Principles on the Independence of the Judiciary

Human Rights Council - June 24, 2019

Report on freedom of expression, association and peaceful assembly of judges and prosecutors