THE COURT SYSTEM

OBJECTIVE

To provide the candidate with a broad understanding of the manner in

which justice is
administered in Kenya.

• Structure, composition and jurisdiction of the courts of appeal, High Court

and
Subordinate Courts.
• Tribunals; the Rent Tribunal, Business Premises Tribunal, Industrial Courts.
• Judicial Service Commission.
• The role of the Attorney-Generals office.
INTRODUCTION

T E X T
Kenya has a court structure that operates at different levels. The court at each level has
power to deal with certain cases, which is described as the jurisdiction of the court.
The Kenyan court system is based on the Constitution and other Acts of parliament e.g.

S T U D Y
Magistrates
Courts Act, Judicature Act, Kadhis Courts Act etc.
The system consists of both subordinate and superior courts. Whereas the High Court and
Court of Appeal are superior courts, all other courts are subordinate courts

KEY DEFINITIONS
• Jurisdiction: refers to the power of a court to hear a particular case
 • Tribunal: These are bodies established by Acts of parliament to exercise judicial or
quasi-judicial functions.
• Arbitration: This is an out of court method of settlement of civil disputes by arbitral
tribunals which make ‘arbitral awards’ as opposed to judgment.

• Appeal: A case that has previously

been heard by another court or tribunal
THE COURT SYSTEM - INTRODUCTION

Kenya’s court system is based on the Constitution and other Acts of Parliament e.g.
Magistrates
Court Act, Judicature Act, Kadhi’s Court Act.

The system consists of superior and subordinate courts. Whereas the High Court and
court of appeal are superior, all other courts are subordinate.