CRIMINAL LITIGATION- Lesson 2

JURISDICTION AND STRUCTURE OF COURTS:

1. COURT OF APPEAL:
Jurisdiction; Section 64 of the Constitution establishes Court of
Appeal as the superior Court of record and has appellate
jurisdiction in criminal and civil cases from the High Court.
Location; housed in the High Court building but works on circuits
in each province based on the calendar of court sittings.
Establishment; 11 judges of the Court of Appeal.

2. HIGH COURT OF KENYA:

Jurisdiction: Section 60 of the Constitution Court of record, the
jurisdiction consists of:
a) unlimited original jurisdiction in criminal and civil cases
b) Appellate jurisdiction in civil and criminal cases
c) Section 67 Constitution Constitutional interpretation
references and appeals
d) Section 65(2) Constitution Supervisory jurisdiction
e) Section 362 Criminal Procedure Code
f) Revision of orders from the subordinate Courts
g) Section4 of the Judicature Act. Admiralty jurisdiction in
all matters arising on high seas, territorial waters, lake
and other navigable waters in Kenya.

Location: In the High Court Building, Milimani Commercial

Courts in Nairobi. Coast province: Mombasa and Malindi, Nyanza
Province: Kisumu and Kisii, Western Province: Kakamega, Kitale
and Bungoma, RiftValley Province: Eldoret, Kericho and Nakuru,
Central Province: Nyeri, Meru and Embu, Eastern Province:
Machakos
 Establishment: 45 judges of the High Court.
Divisions: Criminal Division
Civil Division
Constitutional Division
Commercial and Tax Division
Family Division
Land and Environment Division.

3. MAGISTRATES (SURBORDINATE) COURTS:

Jurisdiction: Sections 65 and 69 of the Constitution establish the other

Courts and the judicial officers. The Magistrates Courts have limited
original jurisdiction in both criminal and civil cases. The jurisdiction
is outlined in the Magistrates Courts Act. Broadly the jurisdiction is
based on rank, geographical and pecuniary considerations.
Civil cases: Enhanced jurisdiction by the Chief Justice and contained
in the Kenya Gazette. The amounts are; Ksh 3 million Chief
Magistrate, 2 million Senior Principal Magistrate, Principal
Magistrate 1 million, Senior Resident Magistrate 800,000/=, Resident
Magistrate 500,000/=.
Criminal Cases: Senior Resident Magistrate-Chief Magistrate may
adjudicate on felonies and may award the sentences prescribed in
section 24 of the the Penal Code.
Resident Magistrates may adjudicate on mainly misdemeanors.
Location: Country wide in major towns. The courts in Nairobi are
divided into 2, the courts that deal with criminal cases, Nairobi,
Makadara and Kibera Law Courts; and Milimani Commercial Courts
that deal with civil and commercial disputes. The other Stations have
both criminal and civil jurisdiction.
Establishment: 300 Judicial officers.
Courts:
Magistrates Courts: criminal and civil cases.
 Court Martials: They are referred to as tribunals but the judge/
advocate is the Trial Magistrate from the Magistrates Courts
appointed to adjudicate the matter. They are adjudicated under the
Armed Forces Act.
Kadhis courts: determination of personal status, marriage, divorce
and inheritance issues under the Muslim law
Childrens Court determines welfare of the child in court proceedings
City /Municipal Court; enforces City bylaws.
Anti- Corruption Court; determine cases under the Anti-Corruption
Act and Ethics Act.
Tribunals:
The Rent Tribunal
The Business Tribunal
The Co-operative Tribunal

SOURCES OF LAW

Judicature Act Cap 8 section 3

The Jurisdiction of the High Court, Court of Appeal and subordinate
Courts shall be exercised in conformity with;
The Constitution
All other Written laws (subsidiary Legislation)
Acts of Parliament of the UK as shown in Part 1 and modified in
Part 2
The substance of Common Law
Doctrines of Equity
Statutes of General Application in force in England on the 12 th
august,1897
Procedure and practice observed in courts of justice in England at
that date;
But the common law, doctrines of equity and statutes of general
application shall apply so far only as the circumstances of Kenya
 and its inhabitants permit and subject to such qualifications as
those circumstances may render necessary.
African customary law in civil cases where parties are subject to tit
and so far as it is applicable and is not repugnant to justice and
morality or inconsistent with any written law and shall decide
cases according to substantial justice without undue regard to
technicalities of procedure.