THE STRUCTURE OF KENYA COURTS.updated.doc

Where a person charged with an offence has been

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convicted on the plea, except as to the legality or extent of the sentence. Where a person charged with an offence has been acquitted the Attorney General may appeal against the acquittal. S.11 (1) of the Magistrate's Court Act provides that 'any person who is aggrieved by an order of a magistrate's court of the third class made in proceedings of a civil nature may
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9 appeal against the order to a magistrate's court of the first class'. The appeal must be made within twenty-eight days after the date of order appealed against. KADHI'S COURT Establishment The Kadhi's Courts Act, 1967, S.4 (1) as amended by the Statute Law (Miscellaneous Amendments) Act 1986 provides that "in pursuance of section 170 of the Constitution there shall be established such number of Kadhi's Courts as the Chief Justice may, in consultation with the Chief Kadhi, determine". The court is presided over by the Chief Kadhi or a Kadhi. A person to be appointed as a Chief Kadhi or Kadhi should have the following qualifications. Professes to the Muslim religion Possesses such knowledge of Muslim law which is applicable to any sect or sects of Muslims. Jurisdiction Section 170 of the Constitution states that 'the jurisdiction of a Kadhi's court shall extend to the determination of questions of Muslim law relating to:- Personal status, Marriage, Divorce or Inheritance in proceedings in which all the parties profess the Muslim religion." Criminal Jurisdiction Kadhi's Courts have no criminal jurisdiction. NOTE - Section 5 of The Kadhi’s Court Act provides that nothing shall limit the jurisdiction of the High Court or of any subordinate Court in any proceeding which comes before it. This is to mean the Kadhi’s Courts do not have exclusive jurisdiction and their cases can be heard by the High Court or other Subordinate Courts. Appeals from Kadhi’s Court lie with the High Court. COURT-MARTIAL Establishment Established under the Armed Forces Act (cap 199) It is a subordinate court. It is designed for the maintenance of discipline among the members of the Armed Forces. Section 169 (1) (c) of the Constitution empowers Parliament to establish court martial which
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10 shall have such jurisdiction and powers as may be conferred by any law. Pursuant to this provision, the Armed Forces Act, S.85 (1) provides that 'a court-martial may be convened by the Chief of General Staff or by the Commander'. Part Five of the Act creates Service Offences i.e. crimes that can only be committed by members of the Armed Forces. They include:- i. Treachery – Treason committed by members of the armed forces. ii. Cowardice iii. Offences arising out of service iv. Mutiny and insubordination v. Disobedience of lawful orders from superiors vi. Absence and desertion without leave vii. Offences relating to maligning viii. Drunkenness and fighting ix. Rowdiness and quarrelling x. Offences relating to property belonging to armed forces Composition The Court Martial is composed of:- A presiding officer (who must not be below the rank of a Major) and not less that two other members,
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  • Summer '16
  • jane murungi
  • High Court, STRUCTURE OF KENYA COURTS

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