Judicial System Kenya is the system ofcourts that interprets and applies the law in the name of the state. Structure of Courts in Kenya, Kenyan Judicial System, Court System in Kenya Pdf, Functions of Judiciary in Kenya, Subordinate Courts in Kenya, Legal System in Kenya, Jurisdiction of Supreme Court In Kenya
Judicial System in Kenyan
The courts have power to hear and determine disputes, primarily of criminal and civil nature. Criminal cases are those in which the State prosecutes a person or an organization for committing an act which is not in the interest of the public, and therefore considered to be an offence against the State.
a) Supreme Court,
b) Court of Appeal,
c) High Court,
d) An Employment and Labour Relations Court and;
e) A court to hear matters concerning the Environment, and the use of, occupation of and title to land.
2. Subordinate Courts
a) Magistrates’ Courts
b) Kadhis Courts
c) Court Martial, and
The Supreme Court
The Court of Appeal
The High Court
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 20High Court stations countrywide.
The Constitution has also established the Industrial Court and the Land and Environment Court at the same level as the High Court. Industrial Court deals with labour and employment matters while theLand and Environment Court deals with land and environment matters and appeals from all tribunals dealing in land and environment matters.
Magistrates’ Courts deals with the majority of cases in Kenya. There are 116 court stations manned by at least 455 magistrates. A Magistrate’s Court has the authority to hear all criminal cases except murder, treason and crimes under international criminal law. Magistrates’ courts also hear all civil cases except those limited by statute. Other lower courts include, Kadhis courts, Courts martial and Tribunals.
Kadhis Courts deal with cases such as family and succession, while appeals go to High Court. They have authority to hear cases on marriage, divorce and inheritance where those involved are Muslims.
The Court Martial hears cases involving people serving in the Military. They are established under the Armed Forces Act.
The Registry office is where all pleadings, supporting documents and all orders and decisions of the Court are recorded and maintained in accordance with the rules. The office receives pleadings from claimants or litigants for the purpose of processing and onward transmission to the Courts. Registries are managed by each Court’s respective Registrar and are headed by Executive Officers.
Other functions include:
i) Securing custody and safekeeping of Court records;
ii) Collecting and accounting for fees received by the Court; and,
iii) Responding to queries on filing court documents, fees schedule, duty judge, Cause List and many others.
They are approximately 143 Registries spread out across the country’s Court stations. These include Subordinate Courts stations, High Court divisions and stations, Court of Appeal stations and the Supreme Court.