Chapter 10

Judiciary

Articles 159–173

Courts and justice

In the classroom: Judicial authority is vested in the Judiciary; courts are independent; justice must be administered without undue delay; judicial officers are appointed on merit.

Article 159 — Judicial authority

Judicial authority is derived from the people; courts shall administer justice without undue delay; alternative dispute resolution is encouraged.

Article 161 — Independence of the Judiciary

Judiciary is subject only to the Constitution and law; not subject to control by other persons.

Article 163 — Supreme Court

Highest court; appeals on constitutional interpretation and matters of general public importance.

Multiple choice — 10 questions

Think of your answer, then open Correct answer & explanation for each question.

1. Judicial authority is vested in:

A) The President B) The Judiciary (Article 159) C) Parliament D) County assemblies

Correct answer & explanation

Correct: B — Article 159 vests judicial authority in the Judiciary.

2. The Judiciary is subject only to:

A) The President’s orders B) The Constitution and the law (Article 161) C) County governors D) The Cabinet

Correct answer & explanation

Correct: B — Article 161(1) states the Judiciary is subject only to the Constitution and law.

3. The highest court in Kenya is:

A) High Court B) Supreme Court (Article 163) C) Court of Appeal D) Magistrates Court

Correct answer & explanation

Correct: B — Article 163 establishes the Supreme Court as the highest court.

4. Chapter Ten covers:

A) Executive B) Judiciary C) Legislature D) Public finance

Correct answer & explanation

Correct: B — Chapter Ten is titled Judiciary.

5. Courts must administer justice without undue delay under:

A) Article 159(2)(b) B) Article 94 C) Article 1 D) Chapter Two

Correct answer & explanation

Correct: A — Article 159(2)(b) requires justice without undue delay.

6. The Judicial Service Commission recommends appointments of:

A) Judges (Article 171) B) Only MPs C) Cabinet Secretaries D) Governors

Correct answer & explanation

Correct: A — Article 171 establishes the Judicial Service Commission.

7. Article 165 gives the High Court unlimited jurisdiction to:

A) Hear and determine constitutional questions B) Only tax cases C) Only criminal cases D) Only appeals

Correct answer & explanation

Correct: A — Article 165 gives the High Court jurisdiction including constitutional and supervisory jurisdiction.

8. The Court of Appeal hears appeals from:

A) The High Court and other courts (Article 164) B) Only the Supreme Court C) Only magistrates D) County assemblies

Correct answer & explanation

Correct: A — Article 164 establishes the Court of Appeal and its appellate jurisdiction.

9. Traditional dispute resolution may be used if it is:

A) Consistent with the Constitution and law (Article 159(2)(c)) B) Always mandatory C) Never allowed D) Only for land cases

Correct answer & explanation

Correct: A — Article 159(2)(c) promotes alternative forms of dispute resolution including traditional dispute resolution.

10. The Chief Justice is the head of:

A) The Judiciary (Article 161) B) Parliament C) The Executive D) County governments

Correct answer & explanation

Correct: A — Article 161 provides for the Chief Justice as head of the Judiciary.

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