Discuss the ways in which the independence of the judiciary is Promoted in Kenya.
Answer:
- The constitution provides for the separation of powers between the judiciary, executive and legislature.
- There is vetting of judges before their appointment to ascertain their suitability for the position of judges.
- The tenure of judges is longer than other civil servants/ Judges retire at the age of 70 years compared to 60 years for other public officers.
- Judges enjoy security of tenure and hence are impartial.
- Judges take an oath of allegiance to perform their duties without fear or favour.
- Judges and magistrates are not answerable to the other arms of government i.e. the executive and legislature.
- The salaries and allowances of judges are fixed by statutes and are not discussed in parliament.
- Judges are protected by the judicature act.