The Kenyan court system in one page: who hears what

Knowing which court to approach is the first decision in any dispute, and a wrong choice costs time and money. Chapter Ten of the Constitution of Kenya, 2010 sets out the structure.

The superior courts

Article 162 names the Supreme Court, the Court of Appeal, the High Court, and courts of the status of the High Court.

• The Supreme Court is the final court. It has the Chief Justice, the Deputy Chief Justice and five other judges (Article 163). It hears appeals and gives advisory opinions, and its decisions bind every other court (Article 163(7)).
• The Court of Appeal hears appeals from the High Court and from the courts of equal status.
• The High Court has unlimited original jurisdiction in criminal and civil matters, and it supervises the subordinate courts. It also hears questions about whether a right in the Bill of Rights has been denied or threatened.
• The Employment and Labour Relations Court and the Environment and Land Court are courts of the status of the High Court. They deal with employment and labour disputes, and with land, environment and natural resource disputes.

The subordinate courts

Article 169 lists the subordinate courts:

1. Magistrates' courts, which handle most civil and criminal matters, within limits set by Parliament.
2. Kadhis' courts, which determine questions of Muslim law relating to personal status, marriage, divorce and inheritance, where all parties profess the Muslim religion and submit to the Kadhi's jurisdiction (Article 170).
3. Courts Martial, for members of the armed forces.
4. Other courts and local tribunals created by Parliament.

Practical tips

• Check the subject matter first. A dispute about a lease of land belongs in the Environment and Land Court, and a dismissal claim belongs in the Employment and Labour Relations Court.
• Check the monetary limit of the magistrate's court before you file.
• Remember that tribunals often have their own appeal route, and that statute may require you to use it first.

Article 159 also tells every court to promote alternative dispute resolution, including mediation and arbitration, and to administer justice without undue regard to procedural technicalities. Both principles are worth citing when procedure threatens to defeat a good claim.

This article is a general summary. Check the current statute and rules before you file.

Cover photo by Adrien Delforge on Unsplash.