Criminal jurisdiction

When presided over by the Resident Magistrate, the maximum sentence the court may impose
is restricted: fine: Kshs. 20,000, stokes; 24, imprisonment; 7 years
The court is held by the Chief Magistrate, Senior Principal Magistrate, Principal magistrate or
the senior Resident magistrate, it has jurisdiction to impose any sentence provided the offence
is triable by the court.
It entertains criminal appeals from the District Magistrate Court 3rd class.
 Civil jurisdiction

The civil jurisdiction is subject to pecuniary or monetary restrictions. It exercises

original jurisdiction
only in civil cases as follows:
Chief magistrate 3,000,000.00
Senior Principal Magistrate 2,000,000.00
Principal Magistrate 1,000,000.00
Senior Resident Magistrate 800,000.00
Resident Magistrate 500,000.00

The Resident Magistrate court has unlimited jurisdiction to hear and

determine cases based on African customary law. Decisions of the
Resident magistrate’s court may be appealed against in the High
Court.

DISTRICT MAGISTRATES COURT

S T U D Y

Composition: The court is duly constituted when presided over or

held by the District Magistrate
1st, 2nd and 3rd class duly appointed by the
Judicial Service Commission.

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 Under section 7 (3) the court has jurisdiction throughout the District
for which it is established. It entertains both civil and criminal cases. It
exercises original and limited appellate jurisdiction.

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Its jurisdiction is subject to financial or

pecuniary restrictions as follows:
District magistrate 1st class Kshs 75,000.00
District magistrate 2nd class Kshs 75,000.00

The court has a limited jurisdiction to hear and determine civil cases
based on African customary law.
Criminal jurisdiction

It exercise original jurisdiction in criminal cases and the maximum sentence it

may impose
is restricted by law as follows:

COURT MAXIMUM FINE IMPRISONMENT TERM STROKES

District Magistrate 1 class
st
20,000 7 years 24
 District Magistrate 2nd class 10,000 2 Years 12

KADHI’S COURT

Establishment: It is established by Section 4 (1) of the Kadhis

Court Act1 cap 11 pursuant by Section 66 (3) of the Constitution
which provides for the establishment of subordinate courts held by a
Kadhi.
Composition: The court is duly constituted when held by the chief
Kadhi or Kadhi appointed by the Judicial Service Commission.
Jurisdiction: It exercises original jurisdiction in civil cases on
questions of marriage, divorce, succession or personal status in

T E X T
proceedings in which all parties profess the Muslim faith.
However, the High Court and other subordinate courts have
jurisdiction to hear and determine such cases.
The law applied by the Kadhi court is Islamic Law e.g. Law of

S T U D Y
evidence. All witnesses must be heard without discrimination and the
court is obliged to keep a record of its proceedings.
Decisions of the Kadhi’s court may be appealed
against in the High Court.

COURTS MARTIAL

Establishment: It is established by section 85 (1) of the Armed

Forces Act pursuant to section 4 (1) of the Constitution. It is a
subordinate court.
Composition: The court consists of a presiding officer who sits with
not less than 2 other persons or not less than 4 if an officer is being
tried or where the maximum penalty for the offence is death. The
court is assisted by a judge / advocate on questions of procedure.
Jurisdiction: It exercises limited, original jurisdiction in criminal
cases involving members of the armed forces and applies military law
e.g. disobeying lawful orders, mutiny, and desertion.