Kenya - Judicial system




Kenya Judicial System 1665
Photo by: Kheng Guan Toh

The legal system is based on the 1963 constitution, the Judicature Act of 1967, and common law court precedent. Kenya accepts compulsory ICJ jurisdiction with reservations. Customary law, to the extent it does not conflict with statutory law, is used as a guide in civil matters concerning persons of the same ethnic group.

The judicial system consists of the Court of Appeal, which has final appellate jurisdiction, and subordinate courts. The High Court, sitting continuously at Nairobi, Mombasa, Nakuru, and Kisumu, and periodically at Eldoret, Kakamega, Nyeri, Kitale, Kisii, and Meru, consists of a chief justice and 24 associate judges, who are appointed by the president of the republic. The High Court has both civil and criminal jurisdiction, serving as an appellate tribunal in some cases and as a court of first instance in others. Lower courts are presided over by resident magistrates and district magistrates. Questions of Islamic law are determined by qadis' courts. Military courts handle court-martials of military personnel.

Although the constitution provides for an independent judiciary, the president has considerable influence over the judiciary. The president appoints the High Court Judges with the advice of the Judicial Service Commission. The president also has authority to dismiss judges, the attorney general, and other officials upon recommendation of a tribunal appointed by the president.

User Contributions:

Bernard Mosaiga
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Oct 8, 2009 @ 2:02 am
Thanks for the article. It in a nutshell gives a view on the judicial system in kenya.However, iam concerned about the accuracy of the information given in the article vis-a-viz the number of judges and the permanece or otherwise of the sittings.
The number of the High Court judges to my mind is more that 50, and the sittings are presently permanent in most of the other stations across the country.
Ipropose that those updates be made, in order to give 1st timers the correct view about the judiciary.
Regards.
Ben.
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Sep 7, 2010 @ 8:08 am
nice article.would you kindly tell me in detail how the judiciary in kenya checks the powers of the other arms of government, namely parliament and the executive.with thanks.
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Sep 13, 2010 @ 4:04 am
there should be an overhaul to the whole judicial process
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Nov 1, 2010 @ 10:10 am
I like to know how one gets to the process of petitioning in the court of law as regard the process of filling a case in the court of law.Is it possible for someone to go to the court and present a case and be heard without involving the lawyer?
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Jan 31, 2011 @ 12:00 am
Thanks for the article but could you further more information on the statutory law. merci
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Mar 14, 2011 @ 2:02 am
how is the hierachy of kenya courts in the new contitution.their juridictions
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Mar 14, 2011 @ 9:09 am
Thanks for the information but I'm afraid it needs to be updated in line with the new constitution.
Being a constitutional Law student, It will be my pleasure if you allow me to update it.
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May 16, 2011 @ 6:06 am
Hi, I wish to know the procedure of filing a civil case involving your debtor as a company(if your employee steals from you and he/she agrees to pay back but fails). What are the requirements and how long does it take for the company to be paid back. Are the costs of filing the case imposed upon the employee?.
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Nov 20, 2011 @ 4:16 pm
the article is brief and healthy but i advice that it will be better if u exhaust several matters.
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Dec 8, 2011 @ 3:03 am
Thanks for this information though i suggest Kenya Legal Systems could be included in relation to new constitution.
Benard Andeka
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Jan 27, 2012 @ 12:00 am
i want to know about criminal jurisdiction of the magistrate courts in Kenya

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