The Kenyan court system is structured as a hierarchy. Each court has its own jurisdiction, its own procedure and its own appeal route, and knowing which court handles which matter explains why a case starts where it does. This article explains the courts, how a case moves through them and how to identify the right forum for a dispute.
Quick answer
The Constitution establishes the superior courts, namely the Supreme Court, the Court of Appeal, the High Court and the specialised courts for employment and land, and provides for subordinate courts, including the magistrates’ courts. A case usually begins in the court with jurisdiction over its value and subject matter, and an appeal moves to the court above. Some disputes belong in a tribunal, arbitration or mediation rather than in court.
The courts and what each handles
| Court | What it handles | Appeals go to |
|---|---|---|
| Magistrates’ courts | Most criminal cases and civil claims within the statutory monetary and subject-matter limits | The High Court |
| High Court | Original jurisdiction in civil and criminal matters, with specialised divisions | The Court of Appeal |
| Employment and Labour Relations Court | Employment and labour relations disputes | The Court of Appeal |
| Environment and Land Court | Environment, land and property disputes | The Court of Appeal |
| Court of Appeal | Appeals from the High Court and the specialised superior courts | The Supreme Court, in defined cases |
| Supreme Court | The apex court, including appeals of general public importance and certain constitutional matters | No further appeal |
Alongside the mainstream courts, the Kadhi’s courts determine defined matters of Muslim personal status, and various tribunals deal with specialised disputes such as tax, procurement and professional discipline. The Small Claims Court provides a simpler route for defined small claims, and the appeal process explains how decisions are reviewed.
Magistrates’ courts and the value of a claim
The magistrates’ courts handle the largest volume of cases. Their jurisdiction is limited by the value of the claim and, in some cases, by the subject matter, with different classes of magistrate having different limits. A claim that exceeds the limit of the appropriate magistrate must be filed in the High Court, so the value of the claim should be confirmed before filing.
The limits are set by law and change from time to time. Filing in the wrong court wastes time and may lead to the case being transferred, so the current position should be checked before a suit is commenced.
The High Court and its divisions
The High Court has unlimited original jurisdiction in civil and criminal matters, subject to the Constitution and any statutory limits. It sits in divisions and stations that specialise in different kinds of work, such as commercial, family, constitutional and judicial review matters. The division or station that hears a matter depends on its subject and the court’s practice directions.
The High Court also supervises subordinate courts and tribunals and hears appeals from them. Its decisions are binding on the courts below it, which is one reason the reasoning in a High Court judgment matters beyond the case itself.
The specialised superior courts
The Constitution established specialised superior courts for employment and labour relations and for environment and land. These courts have the status of the High Court and hear disputes within their fields, with appeals going to the Court of Appeal. The specialised courts have their own rules and practice directions, and a dispute that falls within their jurisdiction should be filed there rather than in the general High Court.
Identifying the correct specialised court early avoids the cost of filing in the wrong forum and having the case transferred.
The Court of Appeal and the Supreme Court
The Court of Appeal hears appeals from the High Court and the specialised superior courts. An appeal is not a fresh trial: it examines the record and the judgment, and the grounds of appeal should identify errors of law, fact or procedure. The Court of Appeal’s decisions bind the courts below it.
The Supreme Court is the apex court. It hears appeals in defined circumstances, including matters of general public importance and certain constitutional matters, and its decisions bind all other courts. The Constitution and the Supreme Court Act set out when an appeal lies to the Supreme Court, and that position should be confirmed before an appeal is lodged.
How a case moves through the system
A case begins when the pleadings are filed in the court with jurisdiction and served on the other party. The court then manages the case towards hearing through directions, document exchange and witness statements. Hearing dates are allocated according to the court’s timetable, and daily cause lists are published by the Judiciary. After the hearing, the court delivers judgment, and an appeal follows if a party is dissatisfied.
Most registries now use electronic filing. The sequence is predictable even though the time each stage takes varies with the court, the parties and the complexity of the matter, and the case-management directions should be diarised by both parties.
Choosing the right forum
Three factors decide where a matter belongs: the value of the claim, its subject matter and any statutory direction on forum. The contract may also require arbitration or mediation, in which case the court route may be unavailable until those steps are followed. Getting the forum wrong wastes time, so the question should be answered before filing.
The firm’s commercial litigation practice advises on jurisdiction, filing and appeals, and the arbitration and ADR practice advises where a dispute is better resolved outside the courts.
Primary sources
- Constitution of Kenya, 2010, Kenya Law, for the establishment and jurisdiction of the courts.
- Judiciary of Kenya, for court structure, stations, cause lists and practice directions.
- Kenya Law, for the statutes establishing the courts and tribunals.
This article is general information, not legal advice.
