The Judiciary

The Judiciary interprets the law, protects the Constitution, and delivers justice to all Kenyans. It is independent of the Executive and the Legislature.

The court system is divided into Superior Courts and Subordinate Courts.

Superior Courts

These courts have unlimited jurisdiction over criminal and civil matters, or specific appellate jurisdiction.

  • Supreme Court

    The highest court in Kenya. It handles presidential election petitions and appeals from the Court of Appeal.

  • Court of Appeal

    Hears appeals from the High Court and other courts or tribunals.

  • High Court

    Unlimited original jurisdiction in criminal and civil matters. It also supervises subordinate courts.

  • Employment and Labour Relations Court (ELRC)

    A specialised court that handles disputes relating to employment and labour relations.

  • Environment and Land Court (ELC)

    A specialised court that handles disputes relating to land, environment, and natural resources.

Subordinate Courts

These courts handle the majority of cases across Kenya.

  • Magistrates' Courts

    The primary courts for civil and criminal cases. They are ranked by the authority of the magistrate (Chief Magistrate, Senior Principal Magistrate, etc.).

  • Kadhis' Courts

    Determine questions of Muslim law relating to personal status, marriage, divorce, or inheritance, where all parties are Muslim.

  • Small Claims Court

    Provides a faster, cheaper way to resolve civil disputes involving small amounts of money.

  • Tribunals

    Specialised bodies that handle specific disputes, such as the Business Premises Rent Tribunal or the Industrial Court.

Leadership and administration

The Judiciary is headed by the Chief Justice, who is also the President of the Supreme Court. The day-to-day administration is managed by the Chief Registrar.

Judicial Service Commission (JSC)

The JSC is an independent commission responsible for promoting and facilitating the independence and accountability of the judiciary. It recommends the appointment of judges and handles the discipline of judicial officers.