Topic > The hierarchy of Kenya's courts

Lecture by Professor Takeshi Tsunoda. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Hierarchy of Courts in Kenya Kenya's judicial system is structured, in descending order, broadly as follows:1. Supreme Court2. Court of Appeals3. High Court (including Employment and Labor Tribunals and Environment and Land Tribunals)4. Subordinate courts (judicial courts, Khadi courts and courts martial). The supreme court is at the top of the hierarchy of the Kenyan judicial system and therefore its decisions are final and binding. The Supreme Court comprises seven (7) judges, namely 1. The Chief Justice who is the Chief Justice;2. The Vice President of the Supreme Court who is the Vice President of the Court;3. And 5 more judges The Chief Justice and the Deputy Chief Justice are appointed by the President but only in accordance with the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly. The jurisdiction of the Supreme Court is well articulated under the Constitution of Kenya 2010 and in particular Article 163(3). The Supreme Court shall have: (a) exclusive original jurisdiction to hear and decide disputes relating to elections to the office of President arising under Article 140; (b) subject to clauses (4) and (5), appellate jurisdiction to hear and decide appeals from: (i) the Court of Appeal; and (ii) any other court or tribunal as prescribed by national law. "Although it has appellate jurisdiction, the jurisdiction is not absolute; and it is invoked only if it involves a right; if the question concerns the interpretation or application of the Constitution; or a question for which the Court of Appeal or the Supreme Court has certified suo motu that the matter is of public importance. Furthermore, Article 163, paragraph 6, the Supreme Court has additional jurisdiction over advisory opinions. "163 (6) The Supreme Court may give an advisory opinion on request of the national government, any state body or any county government in respect of any matter relating to the county government." In the case of Yusuf Gitau Abdalla v. The Building Center (K ​​) Ltd and 4 others, petition No. 27 of 2014 , the ex officio judge emphasized the importance of judicial time “Finally, this matter has brought to the fore the glaring gap in the law and rules of the Supreme Court is very precious and should not be wasted by one or multiple judges of the Court assembled at the preliminary stage to determine whether a matter has met the threshold of prima facie jurisdiction for admission to the Supreme Court... The machinery of justice at the Supreme Court should not be clogged with matters which should not have been admitted first". The Court of Appeal; Composition and jurisdiction The Court of Appeal is the second highest court in the Kenyan judicial system, after the Supreme Court and is mostly called the "court of appeal". In terms of composition, the art. 164, paragraph 2, of the Constitution provides that; “There shall be a President of the Court of Appeal who shall be elected by the judges of the Court of Appeal from among them.” The Constitution of Kenya, pursuant to Article 164, provides that the number of appellate judges cannot be less than 12 but this number may be increased by law of Parliament. However, the Judicature Act provides that the maximum number of judges of the Court of Appeal shall be fourteen (14). The Court of Appeal's jurisdiction is primarily appellate in nature; has jurisdiction to hear appeals from the High Court and any other court or tribunal as may be prescribed by a,.