The Structure, Jurisdiction and Composition of the Judiciary and Independent Tribunals as Contemplated under Article 1 (3) (c) of the Constitution of Kenya

At the core of the quest for a new constitution in Kenya was the need to restructure the government and this included reconfiguring of the disgraced Judiciary. There was a need to ensure sufficient independence for the courts. A significant step towards achievement of this objective is the delegation of sovereign power to the Judiciary and independent tribunals under Article 1 (3) (c) of the Constitution. The courts and the tribunals have been empowered to interpret the constitution and to make pronouncements on the constitutionality of acts of state organs as part of the system of devolved power in Kenya.