COURT STRUCTURE/SYSTEM IN KENYA AND THEIR VARIOUS JURISDICTIONS

The Constitution of Kenya establishes the Court system under Article 162. It categorizes the Court system into two, that is, the Superior Courts and the Subordinate Courts. The Superior Courts comprise of the Supreme Court, Court of Appeal, and the High Court, and Courts of equal status to the High Court such as the Employment and Labour Relations Court and the Environment and Land Court. The Subordinate Courts comprise of the Magistrate’s Court, Kadhis’ Court, Court Martial, and Tribunals established under an Act of Parliament.

SUPREME COURT

The Supreme Court of Kenya is the highest in the hierarchy of Courts in the Republic of Kenya. It is established under Article 163 of the Constitution of Kenya 2010 and is guided by the Supreme Court Act No. 7 of 2011 and the Supreme Court Act Rules of 2020. It usually comprises of the Chief Justice, Deputy Chief Justice and five other Judges. The Supreme Court is usually properly constituted for purposes of proceedings if it is composed of five judges.

JURISDICTION OF THE SUPREME COURT OF KENYA

1.      The Supreme Court of Kenya has exclusive jurisdiction to hear and determine disputes relating to elections of the office of the President.

2.      The Supreme Court also has Appellate jurisdiction for appeals arising from the Court of Appeal, any other Court or Tribunal as prescribed by National Legislation.

COURT OF APPEAL

The Court of Appeal is the second highest Court in the Republic of Kenya and it is established under Article 164 of the Constitution of Kenya 2010. It has jurisdiction to hear appeals from the High Court and any other Court or Tribunal as prescribed by Law. 

HIGH COURT

The High Court of Kenya is established under Article 165 of the Constitution of Kenya.

JURISDICTION OF THE HIGH COURT OF KENYA

1.      The High Court of Kenya has unlimited original jurisdiction to hear and determine civil and criminal matters.

2.      The High Court also has jurisdiction to determine whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.

3.      It also has jurisdiction to hear an appeal from a decision of a tribunal appointed under this Constitution to consider removing a person from office, other than a tribunal appointed under Article 144.

4.      The High Court also has jurisdiction to hear any question with regards to the interpretation of this Constitution including the determination of the question of whether any law is inconsistent with or in contravention of the Constitution, whether anything said to be done under the authority of the Constitution or of any law, is inconsistent or is in contravention of the said Constitution and any matter relating to constitutional powers of State Organs in respect of County governments and any matter touching on Constitutional relationship between the levels of government.

5.      The High Court also has appellate jurisdiction to hear and determine appeals as prescribed by various Acts of Parliament.

6.      The High Court also has supervisory jurisdiction over Subordinate Courts or any other person, body or authority exercising judicial or quasi-judicial function.

7.      It is also important to note that the High Court does not have jurisdiction to hear and determine Environment and Land matters and Employment and Labour relations matters as per Articles 165 (5) and 162 (2) of the Constitution.

8.      The High Court also does not have jurisdiction to hear and determine matters exclusively reserved for the Supreme Court of Kenya as per Article 165 (5) of the Constitution.

SUBORDINATE COURT

The Subordinate Court are established under Article 169 (1) and includes the Magistrates Court, Kadhis’ Court, Court Martial and any other local tribunal as established by an Act of Parliament.