THE STRUCTURE OF KENYA COURTS.updated.doc

THE STRUCTURE OF KENYA COURTS.updated.doc - 1 THE STRUCTURE...

This preview shows page 1 - 3 out of 25 pages.

1 THE STRUCTURE OF KENYA COURTS The Kenya Courts are organised in the form of a pyramid with the Supreme Court at the apex, the Court of Appeal below it and the High Court immediately below it, the Subordinate Courts consisting if the Magistrates Courts, District Magistrates Courts, Court Martial and the Kadhi’s Court. The structure of the Courts is based on the Constitution, the Magistrates Courts Act, and the Kadhi’s Courts Act. THE SUPREME COURTS Establishment and Composition The Supreme Court is established under Section 163 of the Constitution which states that: “There is established the Supreme Court, which shall consist of: (a) The Chief Justice, who shall be the President of the Courts; (b) The Deputy Chief Justice, who shall- I. Deputise for the Chief Justice; and II. Be the vice-president of the Court; and (c) Five other Judges. “The Supreme Court shall be properly constituted for the purposes of its purposes of its proceedings if it is composed of five judges. Jurisdiction The Supreme Courts shall have- a) Exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140; and b) Subject to clause (4) and (5), appellate jurisdiction to hear and determine appeals from- I. The Court of Appeal; and II. Any other court or tribunal as prescribed by national legislation. Appeals shall lie from the Courts of Appeal to the Supreme Courts- a) As of right in any case involving the interpretation or application of this Constitution; and b) In any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5). The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government.
Image of page 1

Subscribe to view the full document.

2 All Courts, other than the Supreme Court are bound by the decisions of the Supreme Court. The Supreme Court shall make rules for the exercise of its jurisdiction. An Act of Parliament may make further provisions for the operations of the Supreme Court. THE COURT OF APPEAL Establishment Section 164(1) of the Constitution establishes the Court of Appeal which states that 'there is established a Court of Appeal which shall be organised and administered in the manner prescribed by an Act of Parliament '. Composition Section 164 (1) (a) of the Constitution states that 'the Court of Appeal shall consist of the number of Judges not being fewer than twelve ... as may be prescribed by an Act of Parliament'. Jurisdiction Section 164(3) of the Constitution provides that the Court of Appeal 'shall have such jurisdiction and powers in relation to appeals from: i. The High Court, ii. Any other Court or tribunal as prescribed by an Act of Parliament.
Image of page 2
Image of page 3
  • Summer '16
  • jane murungi
  • High Court, STRUCTURE OF KENYA COURTS

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern