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How Independence of the Judiciary is maintained in Kenya
1. Judges salaries are fixed by statutes and are not discussed in parliament
2. Judges enjoy security of tenure
3. Appointment of judges is done by JSC which is independent
4. Its independence is guaranteed in the constitution of Kenya
5. Judges are protected against victimization by the Judicature Act and they are not answerable to the Executive
6. Judiciary is headed by the Chief Justice but not permanent secretaries that head other Government departments
7. Judges tenure of office is longer than that of the other civil servants. They retire at 74
The Judiciary provided for as an independent arm of the government by the constitution.
Judges enjoy security of tenure. Their services can only be terminated when they are adjudged by special tribunals as being unable to perform their duties.
The Judicature Act protest judges and magistrates against any form of victimisation.
Unlike other government employees, the salaries of the judges and magistrates are not determined by Parliament. They are set out by statutes.
The Judiciary has a separate system of command delinked from the civil service. It is headed by the Chief Justice.
Judges and magistrates are appointed by the Judicial Service Commission. Judges are appointed by the president in consultation with the Judicial Service Commission.
The Oath of allegiance binds judges and magistrates to perform their duties without fear or favour.
Judges and magistrates are not answerable to the Executive or Legislature.
johnmulu answered the question on January 24, 2017 at 12:42
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