Legal System of Kenya

Kenya is located in Africa. It is geographically situated in eastern africa, bordering the indian ocean, between somalia and tanzania. The country achieved independence on 12 december 1963 (from the uk). The capital is Nairobi.

Government Overview

Government Type: presidential republic Chief of State: President William RUTO (since 13 September 2022) Head of Government: President William RUTO (since 13 September 2022) Cabinet: Cabinet appointed by the president, subject to confirmation by the National Assembly Administrative Divisions: 47 counties; Baringo, Bomet, Bungoma, Busia, Elgeyo/Marakwet, Embu, Garissa, Homa Bay, Isiolo, Kajiado, Kakamega, Kericho, Kiambu, Kilifi, Kirinyaga, Kisii, Kisumu, Kitui, Kwale, Laikipia, Lamu, Machakos, Makueni, Mandera, Marsabit, Meru, Migori, Mombasa, Murang’a, Nairobi City, Nakuru, Nandi, Narok, Nyamira, Nyandarua, Nyeri, Samburu, Siaya, Taita/Taveta, Tana River, Tharaka-Nithi, Trans Nzoia, Turkana, Uasin Gishu, Vihiga, Wajir, West Pokot National Holiday: Jamhuri Day (Independence Day), 12 December (1963) Suffrage: 18 years of age; universal

Legal System

The legal system of Kenya is described as mixed system of English common law, Islamic law, and customary law; Supreme Court reviews laws International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: current constitution passed by referendum on 4 August 2010 Amendment Process: amendments can be proposed by either house of Parliament or by petition of at least one million eligible voters; passage of amendments by Parliament requires approval by at least two-thirds majority vote of both houses in each of two readings, approval in a referendum by majority of votes cast by at least 20% of eligible voters in at least one half of Kenya’s counties, and approval by the president; passage of amendments introduced by petition requires approval by a majority of county assemblies, approval by majority vote of both houses, and approval by the president

Judicial Branch

Highest Court(s): Supreme Court (consists of chief and deputy chief justices and 5 judges) Judge Selection: chief and deputy chief justices nominated by Judicial Service Commission (JSC) and appointed by the president with approval of the National Assembly; other judges nominated by the JSC and appointed by president; chief justice serves a nonrenewable 10-year term or until age 70, whichever comes first; other judges serve until age 70 Subordinate Courts: High Court; Court of Appeal; military courts; magistrates’ courts; religious courts

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: National Assembly (350 (all directly elected) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: Senate

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Kenya Suffrage: 18 years of age; universal

Historical Background

Trade centers such as Mombasa have existed along the Kenyan and Tanzanian coastlines, known as the Land of Zanj, since at least the 2nd century. These centers traded with the outside world, including China, India, Indonesia, the Middle East, North Africa, and Persia. By around the 9th century, the mix of Africans, Arabs, and Persians who lived and traded there became known as Swahili ("people of the coast") with a distinct language (KiSwahili) and culture.

This article provides a summary of the legal system and governmental structure of Kenya based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.