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Outline the various ways in which the independence of the judiciary may be achieved and maintained in a country.

Outline the various ways in which the independence of the judiciary may be achieved
and maintained in a country.

Answers

Maurice
(i) The concept of independence of judiciary has its origins in the doctrine of separation of
powers. The famous articulation of Montesquieu that “There is no liberty yet if the power of judge” bear this testimony.

(ii) Independence of the judiciary may be achieved by inter alia vesting judicial authority in
the judiciary. In the first instance courts should be free from interference or control
from any quarter.

(iii) A judicial authority should be the employer of all judicial personnel.

(iv) Judicial officers should enjoy security of tenure of office.

(v) Judicial officers should enjoy immunity from actions arising in the course of
discharging their duties.

(vi) Judicial staff should have their own code of service, terms and conditions of service.

(vii) The appointment of judges should be strictly on merit, professionalism, personal
integrity and commitment to the rule of law.

(viii) Terms and conditions of service should be commensurate with their responsibility.
maurice.mutuku answered the question on May 2, 2018 at 07:37

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