THE HIERACHY OF COURTS IN KENYA EXPLAINED

The Kenyan judicial system is established under Chapter 10 of the Constitution of Kenya 2010, which defines the Judiciary as an independent arm of government. Judicial authority is derived from the people and is exercised through a structured hierarchy of courts. This system is divided into two main levels: Superior Courts and Subordinate Courts.

THE SUPERIOR COURTS

Superior courts are the highest level of the judiciary and handle complex legal issues, constitutional interpretations, and appeals.
 
1. Supreme Court of Kenya
 
As the highest court in the land, it consists of the Chief Justice, the Deputy Chief Justice, and five other judges. It has exclusive jurisdiction over presidential election disputes and hears appeals involving the interpretation or application of the Constitution. To understand in detail the jurisdiction of the Supreme Court, see: THE SUPREME COURT OF KENYA: IT'S JURISDICTION, AUTHORITY AND LANDMARK RULINGS
 
2. Court of Appeal
 
Its primary function is to serve as an appellate court, meaning it does not hear original cases but instead reviews decisions made by lower superior courts. This court handles cases appealed from the High Court, Environment and Land Court, the Employment and Labour Relations Court and Tribunals. Structurally, the Court of Appeal consists of between 12 and 30 judges. It is headed by a President who is elected by the judges of the Court of Appeal from among themselves. Additionally, each station of the court is led by a Presiding Judge. 
 
3. High Court of Kenya
 
The High Court of Kenya is established under Article 165 of the Constitution and serves as a critical pillar of the Superior Courts. It is strategically positioned to ensure justice is accessible across the nation, with a legal requirement to establish at least one High Court station in every county.

The High Court possesses a broad and powerful mandate that allows it to handle complex legal issues at both the trial and review levels. Its responsibilities include:
  • Unlimited Original Jurisdiction: The High Court has the authority to hear and determine any criminal or civil matter for the first time, regardless of the complexity or value involved.
  • Constitutional Interpretation: It is the primary court responsible for interpreting the Constitution. This includes determining whether any law or act by a state organ is inconsistent with or in contravention of the Constitution.
  • Protection of the Bill of Rights: The court hears cases concerning the alleged violation, infringement, or denial of fundamental human rights and liberties as outlined in the Bill of Rights.
  • Appellate Jurisdiction: It serves as the first level of appeal for decisions made by all Subordinate Courts, including Magistrates’ Courts, Kadhis’ Courts, the Small Claims Court, and Courts Martial. It also handles appeals from various Tribunals, such as those regarding the removal of a person from office.
  • Supervisory Jurisdiction: The High Court exercises supervisory authority over all Subordinate Courts and any person or body exercising judicial or quasi-judicial functions. This ensures that lower-level legal proceedings are conducted according to the law.
The High Court is organized to manage a high volume of diverse cases through a structured leadership and specialized divisions:
  • Principal Judge: The court is headed by a Principal Judge who is elected by the judges of the High Court from among themselves.
  • High Court Judges: The court consists of a number of judges prescribed by Parliament, with a current maximum limit of 200 judges.
  • Specialized Divisions: To promote efficiency, the Chief Justice can establish specific divisions within the High Court to handle particular areas of law. These currently include:
    • Family and Children Division
    • Commercial and Tax Division
    • Criminal Division
    • Civil Division
    • Constitutional and Human Rights Division
    • Judicial Review Division
    • Admiralty Division
In the hierarchy of the Kenyan judiciary, the High Court sits above the Subordinate Courts but below the Court of Appeal. It holds equal status with two specialized superior courts: the Environment and Land Court (ELC) and the Employment and Labour Relations Court (ELRC). Decisions made by the High Court can be appealed further to the Court of Appeal.
 
 
In summary, the Superior Courts of Kenya serve as the final arbiters of law and constitutional interpretation. While these high-level institutions protect fundamental rights and resolve complex disputes, they represent only one tier of the judicial system. In our next blog post, we will explore the Subordinate Courts. 
 
 
 

Catch you in the next blog!

 

Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 

 
 

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