Function of Judiciary

The judiciary is the arm of government that is concerned with application of law in adjudicating over legal disputes.

Explain five functions of the judiciary

Function of Judiciary

The judiciary comprises of various courts of law and there presiding officers, including the Judicial Service Commission. Each court has specific jurisdiction but the general functions include the following: (Depending on the particular court or judicial officer)

  • The judiciary is the law interpreting organ of the government. It interprets the constitution and all other laws of Kenya.
  • It prescribes punishment to convicted  persons.
  • It administers oath of office to constitutional office bearers e.g. the President. Prescribes protective measures over infringement of the Fundamental rights and freedoms of the individual.
  • It makes law under case law. (judicial precedent)
  • It checks on the functions of the Legislature and Executive under system of checks and balances.
  • It checks on the operation of the courts of law. (Through the High Court)
  • It interviews prospective candidates to certain judicial positions before forwarding the shortlisted to the executive.
  • It hears and determines disputes and grievances of judicial officers in the course of duty. (Through the Judicial Service Commission)
  • It hears and determines legal disputes arising within the territory of Kenya.

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