The Courts

What are the guiding principles that must guide courts in exercising judicial authority under Article 159?

1. Justice to all regardless of status 2. Justice shall not be delayed 3. Promotion of ADR 4. Justice without undue procedural technicalities 5. Protection of constitutional principles[cite: 6].

What are the conditions and limitations on using Traditional Dispute Resolution Mechanisms (TDRMs)?

TDRMs must not: 1. Contravene the Bill of Rights 2. Be repugnant to justice and morality 3. Be inconsistent with the Constitution or written law[cite: 6].

Under what circumstances can court proceedings be instituted by a person on behalf of another (locus standi)?

1. A person acting on behalf of another who cannot act 2. A person acting for a class or group 3. A person acting in public interest 4. An association acting for its members[cite: 6].

What is the difference between original jurisdiction and appellate jurisdiction?

Original Jurisdiction is the power to hear a case for the first time[cite: 6]. Appellate Jurisdiction is the power to re-examine or revise a lower court or tribunal's decision[cite: 6].

What is meant by pecuniary jurisdiction?

The monetary or financial limit placed on civil cases a court is empowered to entertain based on the monetary value of the subject matter[cite: 6].

Which courts constitute the superior court system in Kenya?

1. Supreme Court 2. Court of Appeal 3. High Court 4. Courts of Equal Status (Employment & Labour Relations Court, Environment & Land Court)[cite: 6].

How is the Supreme Court established and composed under Article 163?

Established under Article 163(1)[cite: 6]. Composed of 7 judges: Chief Justice (President), Deputy Chief Justice (Vice-President), and 5 other judges[cite: 6]. Quorum is 5 judges[cite: 6].

What is the jurisdiction of the Supreme Court of Kenya?

1. Exclusive original jurisdiction in presidential election disputes (Art. 140) 2. Appellate jurisdiction from Court of Appeal and other courts 3. Advisory opinion on county government matters[cite: 6].

How is the Court of Appeal established and what is its jurisdiction?

Established under Article 164, consisting of at least 12 judges headed by a President[cite: 6]. Exercises pure appellate jurisdiction (limited original jurisdiction only in contempt of court and stay of execution)[cite: 6].

What is the composition and jurisdiction of the High Court of Kenya?

Headed by a Principal Judge[cite: 6]. Has unlimited original jurisdiction in civil/criminal cases, enforces fundamental rights, constitutional interpretation, supervisory jurisdiction, admiralty, and succession[cite: 6].

What prerogative orders can the High Court issue in judicial review?

1. Mandamus (compels performance of public duty) 2. Certiorari (quashes irregular/illegal decision) 3. Prohibition (prevents ongoing excess of jurisdiction) 4. Habeas Corpus (secures release from unlawful detention)[cite: 6].

What are the pecuniary limits of the various Magistrate Courts in Kenya?

Chief Magistrate: KES 20M; Senior Principal Magistrate: KES 15M; Principal Magistrate: KES 10M; Senior Resident Magistrate: KES 7M; Resident Magistrate: KES 5M[cite: 6].

What is the jurisdiction of the Small Claims Court?

Established by Small Claims Act 2016 for civil claims up to KES 1,000,000 involving contracts, money received, tort damage, personal injury, set-off/counterclaims[cite: 6]. Excludes defamation, land titles, and labour disputes[cite: 6].

What is the jurisdiction of the Kadhis' Court under Article 170?

Pure civil jurisdiction over personal status, marriage, divorce, inheritance, and dowry where all parties profess the Islamic religion[cite: 6].

How is a Court Martial composed and what is its jurisdiction?

Special military court under Art. 169 & KDF Act[cite: 6]. Presided over by an officer (Major or above) and 2–4 members plus a Judge Advocate[cite: 6]. Exercises pure criminal jurisdiction over military offences (e.g., treason, desertion, insubordination)[cite: 6].

What is the jurisdiction of the Employment and Labour Relations Court (ELRC)?

Superior court of equal status to High Court (Art. 162(2)(a))[cite: 6]. Has exclusive original and appellate jurisdiction over employment, trade union, collective agreement, and labour disputes[cite: 6].

What is the jurisdiction of the Environment and Land Court (ELC)?

Superior court of equal status to High Court (Art. 162(2)(b))[cite: 6]. Has jurisdiction over environmental protection, land use/titles, natural resources, mining, rates, and compulsory land acquisition[cite: 6].

What is the difference in jurisdiction between the Rent Restriction Tribunal and the Business Premises Rent Tribunal?

Rent Restriction Tribunal: Civil disputes for residential dwelling houses (monthly rent ≤ KES 2,500)[cite: 6]. Business Premises Rent Tribunal: Controlled commercial/business tenancies (unwritten or ≤ 5 years) under Cap 301[cite: 6].

What are the main advantages of administrative tribunals over ordinary courts?

1. Speed 2. Lower cost 3. Flexibility/Informality 4. Specialized expert knowledge 5. Privacy 6. Relieves court congestion[cite: 6].

What are the main disadvantages of administrative tribunals?

1. Private hearings may hide injustice 2. Often lack advocate representation 3. Limited right of appeal 4. Wide discretion leads to inconsistency 5. Risk of partiality/bias[cite: 6].

What are the key characteristics of Alternative Dispute Resolution (ADR) mechanisms?

1. Voluntary participation 2. Neutral third party 3. Confidentiality 4. Informal & flexible 5. Cost-effective 6. Preserves relationships 7. Control over outcome[cite: 6].

What is the main difference between mediation and conciliation?

Mediation: Facilitator remains neutral and does NOT propose solutions[cite: 6]. Conciliation: Neutral party takes an active role, recommending solutions and offering formal advice to settle disputes[cite: 6].

What are the essential elements of a valid arbitration agreement?

1. Must be in writing 2. Refers specific dispute to arbitration 3. Names an arbitrator 4. Must be legal (cannot completely oust court jurisdiction)[cite: 6].

On what grounds can an arbitral award be set aside by the High Court?

1. Applicant lacked opportunity to appoint arbitrator 2. Invalid agreement or lack of capacity 3. Award contrary to public policy 4. Arbitrator misconduct 5. Arbitrator improperly appointed[cite: 6].

How can arbitral proceedings be terminated?

Terminated by: 1. Final award 2. Mutual consent 3. Claimant withdrawing the case 4. Arbitrator's order 5. High Court order (e.g., due to partiality)[cite: 6].