law and Society

Topics: Judge, Appeal, Tribunal Pages: 6 (875 words) Published: October 8, 2014
The Court of Appeal is the highest court in the land and established under Section 64 of the Constitution. Its function is to hear appeals from the High Court in certain matters. . The Court of Appeal is situated in Nairobi but it periodically holds its sessions in Mombasa, Kisumu, Nakuru, Nyeri and Eldoret.

The High Court is the second court in the hierarchy. It is established under Section 60 of the Constitution. The court may hear both criminal and civil matters.  The High Court in Nairobi has the following specialized divisions:  -Family Division

 -Criminal Division
 -Civil Division
 -Commercial Division
 -Constitutional  and Judicial Review Division
There are fifteen (15) High Court stations in the country. These are: Nairobi, Milimani, Kisumu, Kisii, Bungoma, Kakamega, Nakuru, Eldoret, Kitale, Embu, Nyeri, Mombasa, Malindi, Meru, Machakos with sub registries in Kericho and Busia.

Jurisdiction; The High Court is created by Section 60 of the Constitution of Kenya. It has unlimited original jurisdiction in civil and criminal matters. It is the highest court of original jurisdiction in Kenya.

Appellate Jurisdiction; The High Court is also endowed with appellate jurisdiction. Appeals from various administrative bodies and subordinate courts are heard and determined by the High Court.  Constitutional References

 The High Court is the final arbiter in matters concerning the interpretation of the Constitution. This jurisdiction is conferred upon it by Section 67(1) of the Constitution. When any question as to the interpretation of the Constitution arises in proceedings in any subordinate court, that court shall, if any party to the proceedings so requests, refer the matter to the High Court for interpretation. Election Petitions

 The High Court is further empowered by Section 44 of the Constitution to hear and determine election petitions. It is for the court to determine questions as to whether a person has been validly elected as a Member of Parliament.

Admiralty Jurisdiction.
Moreover, the High Court has admiralty jurisdiction in all matters arising on the high seas or in territorial waters, or upon any lake or navigable inland waters in Kenya. This would relate to incidents such as boundary disputes between Kenya and another country with regard to territorial waters, Kenya’s Exclusive Economic Zone with regard to the coastline and any acts of piracy on the high seas.

Magistrates Courts are created under the Magistrates Courts Act (Chapter 10 of the Laws of Kenya). They handle civil and criminal matters depending on the rank of the magistrate. The higher the rank of the magistrate, the bigger the case he can handle. The hierarchy of Magistrates in descending order is as follows: Chief Magistrate

 Senior Principal Magistrate
 Principal Magistrate
 Senior Resident Magistrate
 Resident Magistrate
 District Magistrate
There are one hundred and five (105) Magistrates Courts in the country that are stationed at the following district or divisional levels.

In addition to the other courts, we have the following additional courts -Children’s Courts to deal with matters relating to children -Anti-corruption Courts to deal with matters relating to corruption and integrity.

(a)Children Court
The Children's Courts are constituted under Section 73 of the Children's Act (Act No. 8 of 2001). They deal specifically with children's matters that involve:
  * Parental responsibility
  * Custody and maintenance
  * Guardianship
  * Protection of children
  * Foster care
  * Child offenders
1. The courts are presided over by Magistrates duly appointed by the Chief Justice. 2. There are currently 96 Magistrates appointed to hear children's matters all over the country. 3. Currently only Nairobi and Mombasa have a building specially dedicated as a Children's Courts. 4. In other...

References: Act (Act No. 8 of 2001). They deal specifically with children 's matters that
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