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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.
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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.
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  • Summer '16
  • jane murungi

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