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  • Owing to the Hierarchy of the Court system in Kenya, outline and discuss the mandate that different Courts have and the effect of this mandate...

    According to Odiwour Kelly, Jurisdiction is the power of different courts to hear and determine dispute. Jurisdiction can either be geographical, functional, subject matter and pecuniary. In the case of Owners and Masters of the Motor Vessel Lilian v Caltex Oil Kenya Ltd (1989) KLR 1/2, it was held that: The question of jurisdiction is a threshold issues and must be determined by a judge at the threshold stage, parties may place using such evidence as before him. It is reasonably plain that a question of jurisdiction ought to be raised at the earliest opportunity and the court is then obliged to decide on the matters and where it does not have jurisdiction it should down its tools.
    Owing to the Hierarchy of the Court system in Kenya, outline and discuss the mandate that different Courts have and the effect of this mandate on the question of Jurisdiction.

Answer

  • The court system in Kenya is hierarchical in nature. The Supreme Court is at the top and the Magistrates Courts are at the bottom.
    Each level of the court system has a specific mandate and jurisdiction.

    1. The Supreme Court.
    This is the highest court in Kenya. It has both appellate and original jurisdiction.
    In terms of appellate jurisdiction, Supreme Court has the powers to hear and determine appeals from Court of Appeal.
    In terms of original jurisdiction, Supreme Court can handle cases of public interest and constitutional interpretation.

    2. Court of Appeal
    This is the second highest court in Kenya.
    It has appellate jurisdiction over all cases decided by the High Court.
    The Court of Appeal has both geographical and functional jurisdiction.
    In terms of geographical jurisdiction, it operates at a national level while its decisions are applicable throughout the country.
    In terms of functional jurisdiction, its jurisdiction lies in reviewing lower courts decisions.

    3. The High Court
    The High Court is the principal superior court in Kenya.
    It has original jurisdiction over a wide range of cases including criminal, civil and constitutional cases.
    The High Court can hear appeals from Magistrates' Courts.

    4. Magistrates' Courts
    These are the lowest courts in Kenya's judicial hierarchy.
    Magistrates' courts have limited jurisdiction and handle minor civil and criminal cases.

    The mandate and jurisdiction of each court in are important factors in determining whether a court has the authority to hear and decide a particular case.

    Only cases that fall under each court's jurisdiction may be heard. A court must dismiss a case if it lacks jurisdiction over it. This is because if the court heard a matter that it is not permitted to hear, it would be acting outside of its power.

    Understanding the hierarchy and the specific jurisdiction of each court is very important because it ensures that cases are filed in the appropriate court.

      

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