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Chapter 8 / The judiciary

Administration of justice

126.Exercise of judicial power

(1)Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people.

(2)In adjudicating cases of both a civil and criminal nature, the courts shall, subject to the law, apply the following principles—

(a)justice shall be done to all irrespective of their social or economic status;

(b)justice shall not be delayed;

(c)adequate compensation shall be awarded to victims of wrongs;

(d)reconciliation between parties shall be promoted; and

(e)substantive justice shall be administered without undue regard to technicalities.

Administration of justice

127. Participation of the people in the administration of justice

Parliament shall make law providing for participation of the people in the administration of justice by the courts.

Administration of justice

128.Independence of the judiciary

(1)In the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authority.

(2)No person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions.

(3)All organs and agencies of the State shall accord to the courts such assistance as may be required to ensure the effectiveness of the courts.

(4)A person exercising judicial power shall not be liable to any action or suit for any act or omission by that person in the exercise of judicial power.

(5)The administrative expenses of the judiciary, including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the judiciary, shall be charged on the Consolidated Fund.

(6)The judiciary shall be self-accounting and may deal directly with the Ministry responsible for finance in relation to its finances.

(7)The salary, allowances, privileges and retirement benefits and other conditions of service of a judicial officer or other person exercising judicial power shall not be varied to his or her disadvantage.

(8)The office of the Chief Justice, Deputy Chief Justice, Principal Judge, a justice of the Supreme Court, a justice of Appeal or a judge of the High Court shall not be abolished when there is a substantive holder of that office.

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