T
he courts have power to hear criminal and civil cases.
Criminal cases are those in which the State prosecutes a person
or an organization for committing an act which is not in the interest
of the public, and therefore considered to be an offense against the
state.
Civil cases originate from a person who seeks redress for a private
wrong such as breach of contract, trespass, or negligence; or to
enforce obtain compensation, damages or to stop some action.
A magistrate’s court has the authority to hear all criminal
cases except murder, treason and crimes under international
criminal law. Depending on the jurisdiction of a particular
court, magistrates’ courts also hear all civil cases except
those whose value exceeds Kshs. 5 million.
Kadhis’ courts have authority to hear cases on marriage,
divorce and inheritance where those involved are
Muslims. Court martials hear cases involving people
serving in the military.
VISION
To be the
independent
custodian of
justice in Kenya
The High Court has the authority to hear all criminal
and civil cases, as well as appeals from the lower
courts. The Constitution has also established the
Industrial Court and the Land and Environment
Court at the same level as the High Court.
All tribunals, such as the Political Parties
Tribunal, also fall under the Judiciary.
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SUPREME COURT
Hears petitions on presidential election, hears
appeals from the Court of Appeal, gives advisory
opinions on county government.
COURT OF APPEAL
Hears appeals from the High Court or any
other court/tribunals as provided for in Law
HIGH COURT
High court divisions: Family, commercial
and admiralty, Constitutional and judicial
review, land and environment, criminal,
industrial and Environmental & Land Court.
LOWER COURTS Magistrate
court, kadhis courts, court
martial , tribunals
The Court of Appeal hears cases arising from
appeals over the decision of the High Court, as
well as any other court or tribunal.
The Supreme Court hears and determines
cases relating to presidential elections. It
also hear appeals on cases that have been
concluded by the Court of Appeal, and
issues advisory opinions on matters
concerning county government.
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MISSION
To deliver
justice fairly,
impartially and
expeditiously,
promote equal
access to justice,
and advance local
jurisprudence by
upholding the rule
of law
A
re you unhappy about something that has transpired in the courts?
It could be about the way in which your case is progressing, or
how you have been treated. Alternatively, you may be a court employee
who has a grievance relating to your work environment.
Send a text message from your mobile phone to the number 5834. Or
send an email to: [email protected]
An officer in the office of the Chief Justice called an Ombudsperson
will respond to your enquiry in 16 hours with information on what
action is being taken.
5834
Your complaint will be handled with the utmost
confidentiality, neutrality, and independence in an
informal process that ensures all grievances are
resolved fairly and speedily.
It does not matter in which part of Kenya you are.
VISION
To be the
independent
custodian of
justice in Kenya
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The Judiciary is Transforming
T
he passing of the new Constitution in August 2010 changed the
way in which Kenyan society is organised. It mandated changes
in the institutions and practices in Kenya, and the Judiciary
was identified as one of the most important institutions that require
change.
The Judiciary is expected to bring the new Constitution to lire
by changing it from a policy into a living, breathing document
which promotes values and principles, advance the rule of law
and human rights, develops the law and contributes to good
governance.
Specifically, the Constitution lays down the following rules
for how courts and tribunals are to work:
• Justice shall be done to all, irrespective of status.
• Justice shall not be delayed.
• Alternative forms of dispute resolution including
arbitration
reconciliation,
mediation,
and
traditional dispute resolution mechanisms shall
be promoted as long as they do not offend the
MISSION
Bill of Rights, are not repugnant to justice and
morality, and are not inconsistent with the
To deliver
Constitution or any written law.
justice fairly,
• Justice shall be administered without undue
impartially and
regard to procedural technicalities.
expeditiously,
• The purpose and principles of the
promote equal
Constitution shall be protected and
access to justice,
promoted.
and advance local
jurisprudence by
upholding the rule
of law
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T
he Judiciary will change itself and the way in which it works by
undertaking the following 10 actions:
1. Since the power that Judges, magistrates,
Kadhis and judicial staff exercise comes
from the people, they will use their
authority to benefit Kenyans. They will
make it easier and more comfortable
to reach and use the courts to deliver
justice in a friendly and speedy
manner. They will create special
courts and procedures for children
and vulnerable groups, small
claims and petty offenders so that
justice is speedy and fair to all.
2. Ordinary people will have a
say in the way in which the
Judiciary and the courts work.
Judicial staff will interact
The Wanjiku Statue
with the public on Open Days
and Judicial Marches, host public and student visits,
and receive complaints from the public about how
they are being served in order to cultivate strong
relationships with schools that train lawyers as
well as lawyers’ associations.
3.
VISION
To be the
independent
custodian of
justice in Kenya
Judicial officers at every court station
work closely with government and nongovernmental organisation officials such as
police, prisons authorities, the Director
Public
Prosecutions, the Attorney
General’s Office, and rights campaigners
to ensure any problems that arise in the
administration of justice are tackled
jointly.
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4. Judicial officers will be friendly and fair and will seek to inculcate
the values of accountability, openness, humility and honesty in
organisational culture of the Judiciary
5. The Judiciary will be peopled with motive and skilled staff who, will
participate full’ the running of the institution through leadership and
management committees.
6. The Judiciary will be organised in a manner which clearly identifies
responsibility and reporting guidelines.
7. The quality of decisions that judicial officers make will create a
record of law that is healthy, patriotic and responsive to Kenyan
needs.
8. Justice will be brought physically closer to Kenyans through the
required buildings and other structures.
9. The Judiciary will ensure that it has the money it needs to do
its work, but will also guarantee that Kenyans get full value for
their money
10. Information communication technology (computers,
Internet, mobile phones, video conferencing) will reduce
delays and other frustrations, and ultimately make it easier
to use the judicial framework.
MISSION
Chief Justice Willy Mutunga displays
the Judiciary Transformation Framework
document during its unveiling in May 2012.
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To deliver
justice fairly,
impartially and
expeditiously,
promote
equal access
to justice, and
advance local
jurisprudence by
upholding the rule
of law
As a start on our journey to transformation, we at the Judiciary
pledge to:
• Cordially greet you and welcome you to our courts;
• Treat you with courtesy, dignity and respect;
• Explain the court and registry process with patience and
understanding;
• Accept and respond to complaints and compliments, be
they verbal, written or in electronic form;
• Provide reasonable assistance due to delay or disability,
and locate and reconstruct any missing files with a sense
of urgency;
• Take all due and deliberate steps to speed up the
finalisation of your case.
The Judiciary
P.O. Box 30041 - 00100, Nairobi
Tel +254-20-2221221
[email protected]
Twitter: @kenyanjudiciary
Facebook: Kenyan Judiciary Blog:
kenyanjudiciary.blogspot.com SMS:
5834
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