KENYATTA UNIVERSITY

SCHOOL: HUMANITIES AND SOCIAL SCIENCES

DEPARTMENT: PUBLIC POLICY AND ADMINISTRATION

UNIT TITLE: PRINCIPLES OF PUBLIC LAW

UNIT CODE: APP 200

TASK: THE COURT SYSTEM OF KENYA

LECTURER: MS. EDNAH JEMUTAI

GROUP MEMBERS:
NAME REGITRATION NUMBER CONTACTS

PATIENCE MALUPE C155/5421/2017 0796139652

PEGGY EBOKO C155/5730/2017 0721352072

PASKAL ODHIAMBO C155/5431/2017 0706032830

RAPANDO STEPHEN C155/5404/2017 0725117863

NYAGAKA SANDRA C155/5407/2017 0706326073

MELVIN LUNALO C155/5420/2017 0713342054

JANET LETTING C155/5677/2017 0717356073

BEATRICE WAIRIMU NGUGI C155/19311/2016 0720296987

 THE COURT SYSTEM OF KENYA

The judiciary of Kenya consists of Superior courts established under Article 162 of the
constitution of Kenya; made up of Supreme Court, Court of Appeals, High court,
Employment and Labor Relations. The subordinate courts is established under Article 169 of
the Kenya constitution, which consist of Magistrate courts, Court martial and Kadhis’ Courts.

The Supreme Court

The supreme court of Kenya is the highest court in Kenya. It is established under Article 163 of the
Kenyan constitution. As the highest court, it is its decisions are binding and set precedent on all courts
in Kenya.

Composition

The supreme court is made up of seven judges:

Chief justice of Kenya- the president of the court
The deputy chief justice of Kenya- deputy to the chief justice and vice president of the court
and five other judges.

Jurisdiction

The Supreme court has both original and appellate jurisdiction, as well as the jurisdiction to give
advisory opinions.

 The court has exclusive jurisdiction to hear and determine disputes relating to the elections to the
office of the president arising under Article 140 of the constitution.

It also has appellate jurisdiction to hear and determine appeals from the court of appeal and any other
court or tribunal as prescribed by nation legislation.

The court also has jurisdiction to render advisory opinion at the request of the National government,
any state organ, or any county government with respect to any matter concerning county
governments.
The court also determines the validity of a declaration of a state of emergency, an extension of such a
declaration, or any legislation enacted in consequence of a declaration of state of emergency.

Court of Appeal of Kenya

Court of Appeal of Kenya, is established under Article 164 of the constitution of Kenya. It
was established in 1977. In Kenya, the Court of Appeal has jurisdiction to hear appeals from
the High Court and any other court or tribunal as prescribed by an Act of Parliament. It also
hears contempt of court as original jurisdiction. It was the highest in the land before the new
Constitution of Kenya 2010 created the Supreme Court of Kenya as the highest court. It is
now ranked second in the hierarchy of courts in Kenya.

Composition of the Court of Appeal in Kenya

The composition of court of appeal Kenya consists of a number of judges, being not fewer
than twelve and not more than thirty. The Judges of the Court of Appeal elect a President to
represent them on the Judicial Service Commission.

The court of appeal Kenya is headed by a president of the Court of Appeal who is elected by
the judges of the Court of Appeal from among themselves. Current president is Justice
William Ouko.

Functions of the Court of Appeal in Kenya

The main functions of court of appeal in Kenya is to handle appeals arising over the decisions
of the High Court of Kenya as well as any other court or Tribunal as provided for in Law.

The locations of court of appeal in Kenya are spread out in the country. Currently the Court
of Appeal of Kenya has six registries. They are located in Nairobi, Mombasa, Nyeri, Kisumu,
Nakuru and Eldoret.

The Jurisdiction of the Court of Appeal

The only moment the Court Appeal can have original jurisdiction is in punishment for
contempt of court, and when stating execution of orders of the High Court. Procedure: The
practice and procedure of the court of appeal are regulated by the rules of court made by the
Rules Committee constituted under the Appellate Jurisdiction Act (Cap. 9). The Act provides
that an uneven number of at least three judges shall sit for the determination of any matter by
the court. The decision of the court shall be according to the opinion of a majority of the
judges who sat for the purposes of determining that matter.
 

The court has powers to:

i Determine a case finally.

ii Order for a trial.

iii Order for a re-trial.

iv Frame issues for the determination of the High Court.

v Receive additional evidence or order that it be taken by another court.

The High Court of Kenya

in Kenya.
The High Court of Kenya is established under article 165 of the constitution of Kenya. (1)
There is established the High Court, which—

(a) shall consist of the number of judges prescribed by an Act of Parliament; and

(b) shall be organized and administered in the manner prescribed by an Act of

Parliament.

(2) There shall be a Principal Judge of the High Court, who shall be elected by the judges of
the High Court from among themselves.

It has supervisory jurisdiction over all other subordinate courts and any other persons, body
or authority exercising a judicial or quasi-judicial function. It was known as the Supreme
Court of Kenya until 1964 and its name has remain unchanged since then.
The High Court has jurisdiction to hear all criminal and civil cases as well as appeals from
the lower courts. The High Court comprises a maximum of 150 judges and has original
jurisdiction in all criminal and civil matters. The High Court is a premier court in interpreting
the Constitution, hears appeals from subordinate courts and tribunals and supervises all
administrative bodies (judicial review).

High Court divisions include Family, Commercial and Admiralty, Constitutional and Judicial
Review, Land and Environment, Criminal, Industrial and Environmental and Land Court.
There are at least 20 High Court stations countrywide.

EMPLOYMENT AND LABOUR RELATIONS COURT

The Employment and Labour Relations court is established in pursuant of Article 162 (2) (a)
of the Constitution of Kenya 2010, for the purpose of settling employment and Industrial
relations disputes and the furtherance, securing and maintenance of good employment and
labor relations in Kenya.

The Employment and Labor Relations Court is a superior court of record with the status of
the High Court that exercises jurisdiction throughout Kenya.

COMPOSITION OF THE COURT

The court shall consist of;

The Principal Judge; and
Such number of Judges as the President may, acting on the recommendations of the Judicial
Service Commission, appoint Judges as the President may, acting on the recommendations of
the Judicial Service Commission,

Jurisdiction
The court shall have exclusive original and appellate jurisdiction to hear and determine all
disputes referred to it in accordance with Article 162 (2) of the Constitution and the
Provisions of the Industrial Court Act or any other written Law which extends jurisdiction to
the court relating to employment and Labor relations including: -

 Disputes relating to or arising out of employment between an employer and an

employee
 Disputes between an employer and a trade union.
 Disputes between an employer’s organization and a trade union’s organization,
 Disputes between trade unions,
 Disputes between employer organizations,
 Disputes between an employer’s organisations,
 Disputes between an employer’s organization and trade union,
 Disputes between a trade union and a member thereof,
 Disputes between an employer’s organization or a federation and a member thereof,
 Disputes concerning the registration and election of trade union officials, and
 Disputes relating to the registration and enforcement of collective agreements.

In exercise of its jurisdiction, the court shall have power to make any of the following
orders:-
 Interim preservation orders including injunctions in cases of urgency
 A prohibitory order
 An order for specific performance
 A declaratory order
 An award of compensation in any circumstances contemplated under the Industrial
Court Act or any written Law.
 An award of damages in any circumstances contemplated under the Industrial Court
Act or any written Law.
 An order for reinstatement of any employee within three years of dismissal, subject to
such conditions as the court thinks fit to impose under circumstances contemplated
under any written Law.
 Any other appropriate relief as the court may deem fit to grant.

Appellate Jurisdiction

The court shall have appellate jurisdiction to hear and determine appeals from:-
Decisions of the Registrar of trade unions, and any other court, local tribunal or commission
and prescribed under any Written Law.

Magistrate courts
One of the subordinate courts in Kenya. Magistrate courts in Kenya are created under article
169 1,a of the constitution of Kenya 2010. It is where most of the judiciaries cases are heard.

The presiding judicial officer in Magistrate court could be a Chief Magistrate, Senior
principal magistrate or senior resident magistrate. Magistrate courts tend to vary in
administrative responsibility and range of fining and sentencing abilities. The judicature act is
the statute passed by parliament detailing the varying powers and jurisdiction of magistrates
and judges.

Kenya magistrate courts are generally located in every district around the country

JURISDICTION.
Criminal jurisdiction-this court has the power to rule over proceedings of a criminal nature.

Civil jurisdiction-the magistrate court has jurisdiction of matters concerning civil jurisdiction
only when value of the subject matter does not exceed.

-seven million for a chief magistrate

-five million for a senior principal magistrate

-four million for a principal magistrate

-three million for a senior resident magistrate

-two million for a resident magistrate.

Appeals-any person who is aggrieved by a decision of the magistrate court arising either from
a criminal or of civil nature.
Kadhi’s Courts
Kadhis’ Courts are established under Article 170 of the Constitution. Their jurisdiction is
limited to the determination of questions of Muslim Law relating to personal status, marriage,
divorce or inheritance in proceedings in which all the parties profess the Muslim Religion and
submit to the jurisdiction of the Kadhis courts.

A new Constitution of Kenya approved by referendum on August 4, 2010 establishes the

Kadhis’ court system as a subordinate court under the superior courts of Kenya (Supreme
Court, Court of Appeal, and High Court).

The language of the new constitution (section 170) states;

(1) there shall be a Chief Kadhi and such number, being not fewer than three, of other
Kadhis’ as may be prescribed under an Act of Parliament.

(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless
the person—
(a) professes the Muslim religion; and

(b) possesses such knowledge of the Muslim law applicable to any sects of Muslims as
qualifies the person, in the opinion of the Judicial Service Commission, to hold a
Kadhi’s court.

(3) Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and
powers conferred on it by legislation, subject to clause (5)

(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis
(not being fewer than three in number) as may be prescribed under an Act of Parliament, shall
each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.

(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of
Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in
which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s
courts.

The Court martial

The court martial is established under Article 169 of the Kenyan constitution. It is a judicial
court for trying members of the armed forces services accused of offences against military
law.

The parliament and the chief of general staff (military chief) of a commander have the power
to establish a court martial.

The court martial in Kenya tries a person according to the armed forces act for any offence
and to give punishment.

Individuals to be judged by the court martial include: members of the army, the navy and
their reserves. However, the court does not apply to the police force.

Jurisdiction

The court exercises any limited criminal jurisdiction under any one type of law- military law.
Jurisdiction is designed to ensure discipline of the armed forces.
Cases tried by the court martial includes;
 Insubordination
 Cowardice
 Fraud
 Theft
 Aiding and enemy
Tribunals

Tribunals are bodies established by Acts of Parliament to exercise judicial or quasi-judicial

functions. They supplement ordinary courts in the administration of justice. Tribunals,
however, do not have penal jurisdiction. Tribunals, like the courts, have to respect the Bill of
Rights in their decisions and not be repugnant to justice and morality or be inconsistent with
the Constitution or other laws of the land. Most tribunals are subject to the supervision of the
High Court.

Administrative tribunals; they are set up by law to adjudicate disputes that arise out of the
statutes creating them. They deal with the administration and enforcement of the Act
concerned.

For example, the Rent Tribunal determines questions arising out of the Administration and
Rent Restriction Act and the Business Rent Tribunal, which deal with con-trolled commercial
tenancy.

Tribunals, like the courts, have to respect the Bill of Rights in their decisions and not be
repugnant to justice and morality or be inconsistent with the Constitution or other laws of the
land. Most tribunals are subject to the supervision of the High Court.

Inquiry tribunals of Kenya; they are full-scale inquiries dealing with urgent matters of
public importance. For example, an inquiry tribunal may be set up to investigate corruption,
mishandling of issues and improper conduct of public officers.

REFERENCES:

‘The Chief Registrar’. Judiciary of Kenya. 12th September 2015

The Constitution of Kenya 2010.