Courts System in Kenya : SUBORDINATE COURTS

Courts System in Kenya

PART TWO: SUBORDINATE COURTS

Other than just a brief mention, the New Constitution does not say much else about these Subordinate Courts except to grant Parliament the powers to define the functions, roles and jurisdiction of these courts. Article 169 of the Kenyan constitution states:

169. (1) The subordinate courts are—

(a) the Magistrates courts;

(b) the Kadhis’ courts;

(c) the Courts Martial; and

(d) any other court or local tribunal as may be established by  an Act of Parliament, other than the courts established as required by Article 162 (2).( Industrial Court and Enivironment and Land Court)

(2) Parliament shall enact legislation conferring jurisdiction, functions and powers on the courts established under clause (1).

RESIDENT MAGISTRATE’S COURTS

Establishment of the Court: The court is established under Article 169(1) of the Constitution and the Magistrates Courts Act CAP 10 Laws of Kenya

Composition of the court: A magistrate’s court shall be subordinate to the High Court and shall be duly constituted when presided over by single magistrate who could be a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate or a resident magistrate.

Jurisdiction

The Resident Magistrate’s Court shall have jurisdiction throughout Kenya

                                i.                                    Criminal jurisdiction of Resident Magistrate’s Court.

The Resident magistrate’s court shall have and exercise such jurisdiction and powers in proceedings of a criminal nature as may for the time be conferred on it by—

(a) the Criminal Procedure Code; or

(b) any other written law.

        ii.            Civil jurisdiction of Resident Magistrates Courts

The Magistrates’  Courts  shall  have  and  exercise such jurisdiction and powers in proceedings of a civil nature in which the value of the subject matter does not exceed—

(a) seven million shillings where the court is held by a chief magistrate;

(b) five million shillings where the court is held by a senior principal magistrate;

(c) four million shillings Where the court is held by principal magistrate;

(d) three million shillings where the court is held by a senior resident magistrate; or

(e) two million shillings where the court is held by a resident magistrate.

      iii.             Appeal from certain district magistrates’ courts in criminal matters

Any person who is convicted of an offence on a trial held by a magistrate’s court  of  the  third  class, or where a person charged with an offence has  been acquitted on such a trial, the Attorney-General may appeal against his conviction or sentence, or both, or against the acquittal, as the case may be, to the Resident Magistrate’s Court: Provided that no appeal shall lie in the case of a person who pleaded guilty and was convicted on that plea, except as to the legality or extent of the sentence.

      iv.            Appeal from certain district magistrate’s court s in civil matters

 Any person who is aggrieved by an order of a magistrate’s court of the third class made in proceedings of a civil nature may appeal against the order to a magistrate’s court of the first class.

DISTRICT MAGISTRATES’ COURTS

Establishment of district magistrate’s courts

A district magistrate’s court shall be established for each district, each of which shall be a court subordinate to the High Court and shall be duly constituted when held by a District Magistrate who has been assigned to the district in question by the Judicial Service Commission.

Criminal jurisdiction of district magistrate’s court
A district magistrate’s court shall have and exercise such jurisdiction and powers in proceedings of a criminal nature as are for the time being conferred on district magistrates’ court by—
(a) The Criminal Procedure Code (Cap. 75); or
 (b) Any other written law.
 Civil jurisdiction of district magistrate’s court
A district magistrate’s court shall have and exercise jurisdiction and powers in proceedings of a civil nature where either—
(a) the proceedings concern a claim under customary law; or
(b) the  value  of  the  subject  matter  in  dispute  does  not  exceed  five
thousand  shillings,  or  ten  thousand  shillings  where  the  court  is constituted by a district magistrate having power to hold a magistrate’s court of the first class.
“Magistrate’s court” means the Resident Magistrate’s Court or a district magistrate’s court;
“Magistrate’s court of the first class” means the Resident Magistrate’s Court, or a district magistrate’s court held by a District Magistrate having power to hold a magistrate’ court of the first class;
“Magistrate’s court of the third class” means a district magistrate’s court held by a District Magistrate having power to hold a magistrate’s court of the third class;

KADHIS COURT

Establishment
Established under Article 169(1) of the Constitution of Kenya 2010 and Kadhis Court Act CAP 11 Laws of Kenya.
Composition
Kadhis Courts will be headed by a Chief Kadhi
There shall be such number of Kadhis, in addition to the Chief Kadhi, as may be prescribed by the President by order, being in any case not less than three.
Kadhis’ Courts shall be a court subordinate to the High Court and shall be duly constituted when held by the Chief Kadhi or a Kadhi.
Persons appointed as Kadhis may or may not be advocates of the High Court but will be sufficiently proficient in Muslim Law and be professed Muslims.
Jurisdiction
The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.
However, nothing shall limit the jurisdiction of the High Court or of any subordinate court in any proceeding which comes before it.
High Court exercises supervisory jurisdiction over the Kadhis Court.

COURT MARTIAL

Establishment
Established under Article 169(1) of the Constitution and Defence Forces Act No. 25 of 2012.
Composition
 It consists of a Judge Advocate and at least five other members, appointed by the Defence Court-martial Administrator if an officer is being tried and at least 3 others in any other case.
Jurisdiction
 It has power to try any person who commits an offence under the Kenya Defence forces Act no. 25 of 2012.
The court does not try offences committed under the Sexual Offences Act and laws relating to protection of domestic violence by persons who are subject under the Act. The Court can be constituted within of Kenya or outside. Appeals from the court lie to the High Court.