The Arms of government

The Arms of government are:

  • The Legislature
  • The Executive         
  • The Judiciary

Play the video below:

 

The Legislature

The Legislature consists of the National Assembly and the Senate.

The image below shows the current state of the two;

The National Assembly

In the constitution, the National Assembly comprises:

  • 290 elected members each representing one of the 290 constituencies provided for  in the constituency.
  • 47 elected women each representing a county.
  • 12 members nominated by political parties according to their representation in the house.
  • The speaker of the National Assembly who is an ex officio member.

 

A view from the inside of the National Assembly

The Senate

This part of the parliament consists of:

  • 47 elected members each representing a county.
  • 16 women nominated by political parties.
  • 2 members (a man and a woman) representing the youths.
  • 2 members (a man and a woman) representing persons with disabilities.
  • The speaker who is an ex officio member.

See the representation below:

The Executive

This arm consists of:

  • The President
  • The Deputy President
  • The Cabinet Secretaries
  • The Attorney General

See the image below:

The Judiciary

The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff.

There is also the office of:

  • The Chief Justice, who is the Head of the Judiciary.

  • The Deputy Chief Justice, who is the Deputy Head of the Judiciary.

  • The Chief Registrar of the Judiciary, who is the chief administrator and accounting officer of the Judiciary.

The system of courts

The court system of Kenya is classified into two;

1. The superior courts which include:

  • The Supreme Court

  • The Court of Appeal
  • The High Court

2. The subordinate courts which include:

  • The Magistrates Courts
  • The Kadhis’ Courts

  • The Courts Martial
  • Any other court or local tribunal

 

The Supreme Court

The Supreme Court consists of:

  • The Chief Justice, who is the president of the court.
  • The Deputy Chief Justice who deputises for the Chief Justice; and is the vice president of the court. There are also five other judges.

 Functions of the Supreme Court

  • It hears and determines disputes relating to the elections to the office of the President.
  • It hears and determines appeals from the Court of Appeal and any other court or tribunal.
  • It gives advice to the National Government, County Government or any state organ upon request.

The image below shows :

 

The Court of Appeal

The Court of Appeal consists of twelve or more judges.

It is headed by the president of the Court of Appeal elected by the judges of this court from among themselves.

The function of this court is to hear appeals from the High Court and any other court or tribunal.

 

The High Court

The High Court has several judges.

It is headed by the Principal Judge who is elected from among the judges of this court.

An image showing the High court in session:

The functions of the High Court;

  • Handles criminal cases.
  • Handles cases relating to the denial, violation and infringement of rights and freedoms in the Bill of Rights.
  • Hears cases relating to the interpretation of the Constitution of Kenya.

 

The Magistrates Courts

These courts handle civil and criminal cases.

See the image below:

The Kadhis’ Courts

These courts deal with disputes among Muslims especially on marriage and inheritance issues.

The Courts Martial

This handles disciplinary cases of the officers of the Defence Forces.

 

Functions of the Judiciary

In exercising judicial authority, the courts and tribunals serve the following functions:

  • Ensure that justice is done to all, irrespective of status.
  • See that justice is not be delayed.
  • Guarantee that alternative forms of dispute resolution including arbitration, reconciliation, mediation and traditional mechanisms of dispute resolution are promoted.
  • Ensure that justice is administered in the correct procedure.
  • Ensure that purpose and principles of the constitution are protected and promoted.



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