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.