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Restoring integrity:An assessment o the needs othe justice system in the Republico Kenya
February 2010
A Rport o th Intrnational Lgal Assistanc Consortim andIntrnational Bar Association Hman Rights InstittSpportd b th Law Socit o Kna
Material contained in this report may be reely quoted or reprinted, provided credit is given to the International Bar Association.
Contents
List o Abbreviations
6
Executive Summary
7
Chapter One – Introduction
111.1 The mission 11
Chapter Two – Background Inormation
132.1 Geography and demographics 132.2 Social and economic context 132.3 Contemporary political history 142.4 Constitutional arrangements 202.5 Kenya’s international legal obligations regarding due process and air trial 23
Chapter Three – The Judicial System
253.1 Structure and organisation o the courts and judiciary 263.2 Judicial Reorm Initiatives in Kenya 28
Chapter Four – The Judiciary
354.1 Introduction 354.2 Major obstacles conronting the judiciary 354.2.1 Constitutional ramework or judicial power 354.2.2 Leadership o the judiciary 364.2.3 Composition, mandate and unctioning o the Judicial Service Commission 404.2.4 Qualifcation and procedure or appointment o judges 444.2.5 Removal and discipline o judges 464.2.6 Financial autonomy 504.2.7 Judicial corruption 504.2.8 Public confdence and access to justice 524.3 Conclusion 54
Kenya Judicial Reform 2010 ¦ Restoring integrity: An assessment of the needs of the justice system in the Republic of Kenya
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Sections
« prev | next »- List of Abbreviations
- Executive Summary
- Chapter One – Introduction
- 1.1 The mission
- Chapter Two – Background Information
- 2.1 Geography and demographics
- 2.2 Social and economic context
- 2.3 Contemporary political history
- 2.4 Constitutional arrangements
- Chapter Three – The Judicial System
- 3.1 Structure and organisation of the courts and judiciary
- 3.2 Judicial Reform Initiatives in Kenya
- Chapter Four – The Judiciary
- 4.1 Introduction
- 4.2 Major obstacles confronting the judiciary
- 4.2.1 Constitutional framework for judicial power
- 4.2.2 Leadership of the judiciary
- 4.2.3 Composition, mandate and functioning of the Judicial Service Commission
- 4.2.4 Qualifcation and procedure for appointment of judges
- 4.2.5 Removal and discipline of judges
- 4.2.6 Financial autonomy
- 4.2.7 Judicial corruption
- 4.2.8 Public confdence and access to justice
- 4.3 Conclusion
- Chapter Five – Magistrates’ Courts and the Magistracy
- 5.2 Major obstacles facing the magistrates’ courts and magistracy
- 5.2.1 Structure and organisation of the magistrates’ courts
- 5.2.2 Administration of the magistrates’ courts
- 5.2.3 Security of tenure of magistrates
- 5.2.4 Appointment, promotion, discipline and removal of magistrates
- 5.2.5 Working conditions of magistrates
- 5.2.6 Education and training of magistrates
- 5.2.7 Retirement age of magistrates
- Chapter Six – Offce of the Attorney- General
- 6.2 Major obstacles facing the offce of the Attorney-General
- 6.2.1 Constitutional responsibilities of the Attorney-General
- 6.2.2 Direction and control of criminal investigations
- 6.2.3 Direction and control of public prosecutions
- Chapter Seven – Advocates
- 7.5 Functioning of the legal profession
- Chapter Eight – Quality and Effciency within the Judicial System
- 8.1 Introduction
- 8.2 Major obstacles affecting quality and effciency within the judicial system
- 8.2.1 Financial resources
- 8.2.2 Administration of the courts
- 8.2.3 Number of judges and magistrates
- 8.2.4 Case management
- 8.2.5 Information and communication technology
- 8.2.6 Judicial education and training
- 8.2.7 Performance management
- 8.2.8 The Supreme Court
- 8.2.9 Judicial power to dismiss appeals for want of prosecution
- 8.2.10 Small Claims Courts
- 8.2.11 Alternative dispute resolution
- 8.2.12 Traffc cases
- 8.2.13 Court vacations
- 8.3 Conclusion
- Chapter Nine – Legal Initiatives to Address the Post-Election Violence
- 9.1 The establishment of a Special Tribunal
- 9.2 Sexual violence against women
- Chapter Ten – List of Recommendations
- Chapter Eleven – Project Proposals
- ANNEX A – Terms of reference
- ANNEX B – List of meetings
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