Introduction:
Kenya is a country located in East Africa and operates under a legal system that combines both common law and civil law. The common law system was introduced by the British during colonial rule. The civil law system was established by the Kenyan government after independence.
The legal system in Kenya is based on a written constitution (supreme law of the land), statutes enacted by parliament as well as judicial precedents.
The Kenyan court system is divided into two levels:
a) Superior Courts
b) Subordinate Courts
Below is a detailed description of the court system in Kenya.
a) Superior Courts
The Superior Courts are:
1. The Supreme Court
This is the highest court in Kenya and has the power to hear appeals from the Courts of Appeal, hear and determine disputes relating to the elections to the office of President. In addition, it possesses original jurisdiction in matters of public interest constitutional interpretation.
The Supreme Court is composed of the Chief Justice and a panel of other judges appointed by the President, subject to approval by the national Assembly.
The decisions of the Supreme Court are binding on all other courts.
2. The Court of Appeal
This is the second highest court in Kenya and has the powers to hear appeals from the High Court and other subordinate courts.
The decisions of Court of Appeal are binding on all other lower courts unless overturned by Supreme Court.
3. The High Court
The High Court has original unlimited jurisdiction to hear and determine both civil and criminal cases.
The head of the Court is the Principal Judge of the High court, who is elected by the judges of the High Court from among themselves.
The judges of the High Court are appointed by Judicial Service Commission.
b) Subordinate Courts
The Subordinate Courts are:
1. Magistrates' Courts
These are the lowest courts in judicial hierarchy in Kenya. Their jurisdiction is limited and can only hear cases involving minor civil and criminal cases.
Magistrates' courts are presided by magistrates who are appointed by the Chief Justice.
Magistrates' Courts are present in various parts of Kenya and serve as entry point for most legal disputes.
2. Kadhis' Courts
These courts deal with Islamic law.
They have jurisdiction over matters related to personal status, marriage, divorce and inheritance.
3. Court Martial
These courts deal with offenses committed by members of the armed forces.
The executive and legislative arms of Kenyan government have no influence over the Kenya's legal system. The Kenyan Constitution guarantees the independence of the judiciary.
The Kenyan legal system is founded on the rule of law. This means that everyone is governed by the law.