The structure of the kenyan court system infohub kenya. The industrial court is established in pursuant of article 162 2 a of the constitution of kenya 2010, for the purpose of settling employment and industrial relations disputes and the furtherance, securing and maintenance of good employment and labour relations in kenya. David maraga, chief justicepresident of the supreme court. An audit understanding pretrial detention in respect to case. Comprises of the chief justice, vice chief justice,5other judges and the president making a total of about seven members. Aug 22, 2012 to the best of my understanding we no longer have that court in our system, although they used to be and were manned by the so called laymagistrates who were not trained in law and only handled matters of african customary law. Kenya loses first round in battle with somalia on maritime. The constitution of the republic of kenya, 1963 as amended to 2008 chapter i the republic of kenya 1. Justice system remains a matter of considerable concern. The supreme court is the only court that can hear and determine any case challenging the election of the president.
The court systems in kenya study materials and latest. The courts have the power to hear and determine disputes, primarily of the criminal and civil nature. Kenyas national integrated identity management system. Established under section 165,of the kenyan constitution. September 2010 1 83 poplar street, nw atlanta, ga 30303 know your rights. Part 1 the high court and the court of appeal 60 establishment of high court. Published by the national council for law reporting with the authority of the attorney general. Court and other courts or tribunals established by parliament. Performance measures for the criminal justice system iii. The new constitution of kenya places the supreme court at the apex of the judicial hierarchy system. At the top of kenyas court system was the supreme court, which heard. Hierarchy of courts in kenya judiciary structure court. The reports cover the decisions of both the high court and the court of appeal in kenya.
The high court comprises a maximum of 150 judges and has original jurisdiction in all criminal and civil matters. Mechanisms to assert rights outside the court system 169 g. Hears appeals from the high court and structure of the court system in kenya zakenya. Kenyas court system at the top of kenyas court system was the supreme court, which heard appeals of cases decided by the court of appeal and had original jurisdiction over cases involving presidential elections.
The constitution of the republic of kenya, 1963 as. Kenya o resource oriented development initiatives national council on the administration of justice criminal justice system in kenya. The industrial court is a superior court of record with the status of. This book is the 12th edition in the icj kenya series of judiciary watch reports.
Kenya justice system which focuses on 12 counties and whose programme seeks to strengthen the rule of law and effectiveness in the criminal. Kenya loses first round in battle with somalia on maritime border. The hierachical structure of the kenyan courts and the. The court is comprised of the chief justice who shall be the president of the court, deputy chief justice, who shall deputise the chief justice and shall be the deputy vice president of the court and five other judges appointed by the president. Enforcing a contract takes 465 days on average, which is significantly lower than the regional average.
It has jurisdiction to determine questions of muslim law relating to personal status, marriage, divorce and inheritance in proceedings. Having a basic understanding of the kenyan court system is. The judiciary of kenya is the system of courts that interprets and applies the law in kenya. The judiciary of kenya the independent custodian of justice. Has unlimited original jurisdiction and caries out supervisory roles. Part of the jurisdiction vested in the high court is. The international criminal court investigation in kenya or the situation in the republic of kenya is an ongoing investigation by the international criminal court icc into the responsibility for the 20072008 postelection violence in kenya. When willy mutunga became kenyas chief justice in 2011, he made reductions in. There are two levels of courts superior court consist of supreme court, court of appeal and high court and subordinate courts resident magistrate court, kadhi courts, court martials, tribunals, district magistrate courts.
Structure of the court system in kenya supreme court. Performance measures for the criminal justice system vii. The high court has jurisdiction to hear all criminal and civil cases as well as appeals from the lower courts. The supreme court, located in nairobi, also had powers to hear appeals from other courts.
The republic of kenya shall be a multiparty democratic state. Customary law, to the extent it does not conflict with statutory law, is used as a guide in. It has helped me understand the jurisdiction and functions of the kenya court system as a student of criminology and criminal justice. The children in the family grew accustomed to celebrating with alcohol. It is one of the existing customary laws in the world that has several contrasts with rules and principles of human rights law.
Customary law, to the extent it does not conflict with statutory law, is used as a guide in civil matters concerning persons of the same ethnic group. In kenya like other nations in the continent of africa before the european imperialists established colonized the. Traditional and other nonstate justice systems 174. Performance measures for the criminal justice system. The legal system is based on the 1963 constitution, the judicature act of 1967, and common law court precedent. This is a system where the court or the magistrate has a passive role of listening to what both parties hold and finally make a decision based on the same. Justice sector and the rule of law v 7 access to justice 156 a. The court of appeal is next in hierarchy and it handles appeals from the high court but it also sits as the constitutional court in determining matters that require constitutional interpretation. Criminal cases are those in which the state prosecutes a person or an organization for committing an act which is not in the interest of the public, and therefore considered to be an offense against the state. The relationship between niims and iprs is unclear as they serve parallel purposes. Roads became the major link between the urban areas and the rural hinterlands, although they were developed in colonial times as a subsidiary to the railway line running from mombasa to the western parts of the. The 20072008 kenyan crisis followed the presidential election that was held on 27 december 2007. The justice sector in kenya has been going through major changes. It is envisaged that if the pilot telejustice system in the court of appeal is successful, the system may be employed in criminal cases.
Legal information system in kenya presented by japhet otike dept. They cover the decisions of the court of appeal of kenya selected over that period. The court has got exclusive jurisdiction and majority and nearly all issues that pertain the electoral petitions. Court ruling on kenyas contentious national id system. The transportation infrastructure that developed both before and after independence allowed kenya to emerge as a viable state. World factbook of criminal justice systems kenya by obi n. The courts adhere to the principle of stare decisis, and like other common law countries, the legal system is adversarial in its procedure. Kenya law national council on the administration of justice associations. Office of the court of appeal president office of the principal judges high court employment and labour relations court environment and land court office of the ombudsman office of registrars registrar of the supreme court registrar of the court of appeal registrar of the high court registrar of the employment and labour. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. The legal system of england and wales is a common law. Essential information for the new law student this module deals with legal system and method principally as applied to the system of law of england and wales. Laws in kenya are formed and amended in different parts of the countrys governing system.
With several categories that cover just about every fathomable topic, we are your onestop online resource for kenya s life challenges. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Kenya court hierarchy kenya is a country in which the judiciary of kenya is the system of courts which interprets as well as applies the law. International records management trust august 2011. The government has also been barred from sharing information on the system with third party entities, including national and international agencies. The court systems in kenya study materials and latest news.
International criminal court investigation in kenya wikipedia. Hears appeals from the high court and also major tribunals. However the increasing caseload has overburdened the court system and amounted to delays in criminal trial proceedings. The judges responsible elect one of them to act as the topmost principal judge in the court system. Superior courts in kenya supreme courts magistrate. Judiciaryke covid19 access updates on judiciary operations during the covid19 pandemic period. Justice is neither to be denied nor delayed means that, order for a person to achieve justice in any country, proper laws and procedures are very important in achieving fair and proper justice to a person.
No matter whats on your list, infohub kenya can help. The court of appeal handles appeals arising over the decisions of the high court as well as any other court or tribunal as provided for in law. Kenya transportation and telecommunications britannica. The formal court system in kenya is firmly entrenched in the constitution of kenya, 20101 which, by dint of article 1591, vests judicial authority in courts and tribuhals established by or under the constitution and the principles guiding the courts are set out under article 159 2. Status report on children in the justice system in kenya.
Parliament passed the magistrates and judges vetting act of 2011. The best approach to the study of african customary law is to treat as a system. The kenyan legal system consists of a mix of kenya statutory written law and kenyan and english common law, mixed with elements of tribal and islamic law. Judiciary superior courts in kenya the judiciary under the new constitution under section. Kenya s national integrated identity management system. The horn of africa argued that kenya was trying to outwit the court in order to use its political. Article 2 of the fgm act 2011 clearly defines fgm as zall procedures involving partial or total removal of the female genitalia or other injury to the female genital organs, or any harmful.
The kenya law reports klr were relaunched in 2002, with the first volume being the 1981 klr, under the auspices of the national council for law reporting. Justice, the uk parliament, the uk supreme court and many others. Kenya s basic legal system and body of law is very similar to that found in western or european countries. Justice, national cohesion and constitutional affairs the new constitution promulgated on 27 august 2010 provided for an independent judiciary and a supreme court. There are courts both at the federal level and the state level and each is responsible for its own set of functions and responsibilities. In 2011, kenya had only 53 judges and 330 magistrates for a population of. State of the judiciary and the administration of justice. The supreme court of kenya practice directions in exercise of the powers conferred by rule 51 1 of the supreme court rules, 2012 which makes provision for issuance of practice directions to ensure adherence to the provisions of the supreme court rules, 2012. Justice sector and the rule of law open society foundations. Jun 16, 2018 finding justice for rape in kenya cases of child rape are usually adjudicated by family elders in eastern kenya. While his parents taught the children to respect alcohol, their actual perceptions and experiences were quite different.
Ebbe state university of new york at brockport this country report is one of many prepared for the world factbook of criminal justice systems under grant no. The high court is a premier court in interpreting the constitution, hears appeals from subordinate courts. Kenya s criminal justice system involves various actors with defined duties and responsibilities in managing offenders. In such a system, the court cannot invite itself and give any orders which a party had not prayed for. Under the kenya constitution, the supreme court is the highest court in kenya. Kenya court case study the international records management. Kenyan courts will not stop registration linked to the countrys new national integrated identity management system niims the kenya human right commission khrc, nubian rights forum, kenya national commission on human rights knchr each filed cases challenging the legality and implementation of the niims. Similar to federal states, the eu legal system ensures compliance from the member states because of the unions decentralized political nature. African traditional justice systems francis kariuki 1. These findings form the bulk of the report of the technical committee and are of invaluable utility to the judiciary and other actors in the criminal justice system as. The chief justice is the president of the supreme court. The court of appeal heard three cases via video conference where the bench sat in nairobi while the respective lawyers were in mombasa. Kenya is a country in which the judiciary of kenya is the system of courts which interprets as well as applies the law. The arrow on the figure shows the hierarchy of courts in kenya.
The european court of justice ecj, established in 1952 by the treaty of paris, has been largely responsible for the development of eu law. The legal system has also made for provision of tribunals which are quasi judicial bodies that listen to matters specifically allocated to them. The different arms of the sector have been the subject of intense interrogation and there are concrete proposals for reform of the legal and institutional framework supporting the rule of law, the justice system, the executive, the legislature, the criminal justice system and the. Even though most of us only know about the constitution, there are other many places law enforcement, the courts and our leaders in general draw guidance from whenever they want to make a decision. Kenya s legal system has evolved from the inheritance of its english common law tradition. People in prison have a constitutional right of access to the courts.
Performance measures for the criminal justice system ix that is effective, efficient, and fair challenges us to think anew, examine, debate, and continuously measure and. Kenya accepts compulsory icj jurisdiction with reservations. Currently the lowest court in the hierarchy of kenyan court system is the resident magistrates court. The kenyan judicial system is one of an adversarial system. In such a system, the court cannot invite itself and. Constitutionalism, court systems, independence of judiciary in kenya, judiciary introduction, judiciary reforms, law, leadership note. International criminal court investigation in kenya. Kadhis courts established under the kadhis courts act, chapter 11 laws of kenya, it is presided over by the chief kadhi or a kadhi. But, with the help of activists, one family is trying to end the practice and force.
The courts have power to hear and determine disputes, primarily of criminal and civil nature. After the promulgation of the constitution of kenya 2010 the general public through parliament sought to reform the judiciary. This court also comprises the deputy chief justice and five other judges. Theoretically, the suspect is presumed innocent until proven guilty. The court has jurisdiction and powers to hear and determine appeals from the high court of kenya and any other court or tribunal. This publication is available as a pdf on the open society foundations website or the. The judiciary of kenya has made remarkable progress in effecting efficient delivery and administration of justice to the populace. Leadership overview judicial service commission office of the chief justice office of the deputy chief justice office of the chief registrar office of the court of appeal president office of the principal judges high court employment and labour. There are two levels of courts superior court consist of supreme court, court of appeal and high court and subordinate courts resident magistrate court, kadhi courts, court martials, tribunals, district magistrate courts classes 1st, 2nd and 3rd. Chapter 1 an introduction to crime and the criminal justice system 5 holidays with copious amounts of wine. The kadhis court and the childrens court also form a part of the subordinate courts in kenya. A handbook on kenyas electoral laws and system introduction among the factors that informed the push for constitutional and legal reforms in kenya through history was the desire to have an electoral system that accords to the fundamentals of democracy.
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