It refers to the separation of the judicial branch from the executive and legislative branches and the ability of judges to make impartial and unbiased decisions without interference or influence from other branches of government or external actors. Judicial independence is essential for upholding the rule of law, ensuring justice, and protecting the rights and liberties of citizens.
Ways through which independence of the judiciary is guaranteed in Kenya.
- It is established by the constitution as an arm of the national government.
- Its authority is guided/controlled by the constitution when carrying out its mandate.
- It draws its expenses directly from the Judges Consolidated Fund in order to ensure independence.
- Judges of the superior courts have security of tenure of office/can only be dismissed in accordance with the constitution.
- Members of the judiciary are not held accountable to their actions/decision if they are taken in the best interest of dispensing justice
- The judges/magistrates swear the oath of allegiance to the constitution.
- Remuneration/benefits given to judges cannot be varied in such a way as to disadvantage them.
- The appointment of magistrates is done by the Judicial Service Commission in order to guarantee its independence.