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Functions of the Judiciary in Kenya

  

Date Posted: 4/6/2012 2:04:39 PM

Posted By: Brenda N  Membership Level: Silver  Total Points: 728


The judiciary is an arm of government which coordinates the administration of justice through a system of courts that is,it interprets the laws that are made by the parliament.the Judiciary also interprets the constitution.Before a bill becomes law, the judiciary checks that it does not conflict with the constitution of the land therefore it is the custodian of justice. The judiciary is headed by the chief justice who is appointed by the president.It comprises of a chain of judges,magistrates and other officers of the courts.

Which are the functions?

The Judiciary settles legal disputes among individuals or between individuals and the state that is,it protects individual constitutional rights and freedom of individuals.

It guarantees the rule of the law by exercising justice.

It helps in the development of the law,that is,a judge use his own discretion by applying principles of fairness and natural justice.

It administers justice that is a guilty person is punished according to the law e.g imprisonment,payment of fine etc.

It is a guardian of the constitution,when parliament passes the law,the judiciary has the right and duty to ensure that the law confirms to the constitution.

The legal system approves and recommend children to approved schools which rehabilitates them.

The judiciary settles disputes among political parties.It offers legal representation that is,every accused person is entitled to legal representation by an advocate of the high court.

The chief justice who heads the judiciary swears in the president and other members of the cabinet before they take up their offices.



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