The Judiciary Branch
The Judiciary is the independent arm of government responsible for interpreting the law and administering justice in Kenya.
Hierarchy of Courts
The Kenyan Judiciary has a structured hierarchy of courts, from the highest court to the lower courts.
Supreme Court
The Supreme Court is the highest court in Kenya. It hears and determines disputes relating to the presidential election and has exclusive original jurisdiction to hear and determine disputes relating to the validity of a presidential election.
Learn MoreCourt of Appeal
The Court of Appeal hears appeals from the High Court and other courts and tribunals as prescribed by law. It consists of not less than twelve judges.
Learn MoreHigh Court
The High Court has unlimited original jurisdiction in criminal and civil matters, and jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.
Learn MoreMagistrates Courts and Tribunals
In addition to the superior courts, Kenya has Magistrates Courts and various specialized Tribunals to handle specific legal matters.
Mandate: Magistrates Courts handle the majority of civil and criminal cases in Kenya. They are distributed throughout the country and are graded according to the jurisdiction of the magistrates.
Key Functions:
- Handling civil disputes of lower value
- Hearing minor criminal cases
- Conducting preliminary inquiries
Mandate: This court specializes in handling disputes related to employment and labor relations.
Key Functions:
- Resolving trade union disputes
- Hearing cases on unfair dismissal and industrial action
- Interpreting labor laws
Mandate: Specializes in disputes relating to environmental planning and protection, climate change, land use, and conservation of natural resources.
Key Functions:
- Adjudicating land ownership disputes
- Handling environmental conservation cases
- Interpreting land and environmental laws
Tribunals are specialized quasi-judicial bodies established by statutes to hear and determine disputes within their specific areas of jurisdiction. They offer quicker and less formal dispute resolution.
Examples include:
- Small Claims Courts
- Tax Appeals Tribunal
- Rent Restriction Tribunal
- Political Parties Disputes Tribunal
- Competition Tribunal