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Constitution of Kenya, 2010
mediation, arbitration and traditional dispute resolution
mechanisms shall be promoted, subject to clause (3);
(d) justice shall be administered without undue regard to
procedural technicalities; and
(e) the purpose and principles of this Constitution shall be
protected and promoted.
(3) Traditional dispute resolution mechanisms shall not be used
in a way that—
(a) contravenes the Bill of Rights;
(b) is repugnant to justice and morality or results in outcomes that
are repugnant to justice or morality; or
(c) is inconsistent with this Constitution or any written law.
Independence of the Judiciary.
160. (1) In the exercise of judicial authority, the Judiciary, as
constituted by Article 161, shall be subject only to this Constitution and
the law and shall not be subject to the control or direction of any
person or authority.
(2) The office of a judge of a superior court shall not be abolished
while there is a substantive holder of the office.
(3) The remuneration and benefits payable to or in respect of
judges shall be a charge on the Consolidated Fund.
(4) Subject to Article 168(6), the remuneration and benefits
payable to, or in respect of, a judge shall not be varied to the
disadvantage of that judge, and the retirement benefits of a retired
judge shall not be varied to the disadvantage of the retired judge
during the lifetime of that retired judge.
(5) A member of the Judiciary is not liable in an action or suit in
respect of anything done or omitted to be done in good faith in the
lawful performance of a judicial function.
Judicial offices and officers.
161. (1) The Judiciary consists of the judges of the superior
courts, magistrates, other judicial officers and staff.
(2) There is established the office of—
(a) Chief Justice, who shall be the Head of the Judiciary;
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