Judges are elected or appointed officials who act as impartial decision-makers in the pursuit of justice. They apply the law to court cases by overseeing legal proceedings in courts, ruling on questions of law, and facilitating negotiations between opposing parties.
When judges are not in the courtroom, they can be found in their chambers doing legal research, looking over cases, and supervising other court staff.
General trial court judges working for federal and state courts, preside over civil cases that cannot be tried in lower courts as well as all felony criminal cases.
Federal and state appellate court judges can overrule the decisions of administrative law judges or trail courts.
Appellate court judges can overrule the decisions made by lower courts if a legal rule was not followed or a legal precedent is not applicable to the lower court’s decision. Appellate court judges seldom make new rulings and often base their decisions from the records of the written and oral arguments of the lower court.
Administrative law judges, also known as hearing officers or adjudicators, issue rulings for government administrative agencies. For example, these judges would be responsible for determining whether a person would receive social security or workers’ compensation benefits, as well as judging whether a company complied with environmental or other regulations.
Arbitrators, mediators, or conciliators specialize in alternative dispute resolutions intended to settle conflicts out of court. These hearing are confidential and private, and if a settlement is not reached, conversations between the parties would not be admissible if the dispute was taken to a court. Arbitration is either compulsory or voluntary. Parties deciding to utilize compulsory arbitration present their arguments to an arbitrator for a final, nonbinding decision since either party can appeal the decision to a court. Parties utilizing voluntary arbitration present their arguments to arbitrators for a final and binding decision
Mediators serve as neutral third parties to resolve conflicts outside of court. Mediators are often consulted so people can maintain relationships. Mediators suggest courses of action, but the parties determine how to resolve the conflict. These proceedings are confidential, and if a settlement is not agreed upon, the parties can pursue other options. Parties to a mediation dispute usually decide in advance how to split the costs of the mediator, but many mediators volunteer or are court appointed.
Conciliation or facilitation is another form of mediation. Conciliators assist parties attempting to settle a dispute, and they must decide prior to meeting with a conciliator whether they will be bound by his or her decision.
Judges, magistrates, and other legal workers spend most of their time in law libraries, offices, or courtrooms. These jobs are safe but can be very tiring since they usually sit all day in courtrooms or offices.
Arbitrators, mediators, and conciliators spend their time in offices and conference rooms where no public record is kept of their conversations with parties resolving disputes. Some mediators travel to meet with their clients while some work at home.
These workers play an essential role in the legal system, and their services will continue to be needed into the future.
Judges are paid between a minimum of KSH 152,000 and a maximum KSH 320,000.
For appointment to the position of Judge of the High Court,one must:
Hold a law degree from a recognized university, or be an advocate of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction.
