Kenyan Court Systems and Legal Institutions

Vocabulary flashcards covering the hierarchy, jurisdiction, and roles of the Kenyan judicial system, including superior and subordinate courts, prerogative orders, and key legal officers.

Superior Courts

The top level of the Kenyan judiciary, consisting of the Supreme Court, the Court of Appeal, and the High Court.

Subordinate Courts

Courts established under Article $169$ of the Constitution, including Magistrate Courts, Kadhis’ Courts, Court Martials, and Tribunals.

Jurisdiction

The powers of different courts to hear and determine disputes, which can be geographical, functional, subject matter, or pecuniary.

Supreme Court of Kenya

Established under Article $163$, it consists of $7$ judges: the Chief Justice, the Deputy Chief Justice, and five other judges.

Exclusive Original Jurisdiction (Supreme Court)

The power to hear and determine disputes relating to the elections to the office of President arising under Article $140$.

Advisory Opinion

A legal opinion given by the Supreme Court at the request of the national government, state organ, or county government concerning county government matters.

Court of Appeal

A superior court of record established under Article $164$ consisting of no fewer than $12$ judges, created to hear appeals from the High Court.

High Court

Established under Article $165$, this court has unlimited original jurisdiction in criminal and civil matters and supervisory jurisdiction over subordinate courts.

Stare decisis

The doctrine by which decisions of the High Court, as a superior court of record, are binding on the subordinate courts.

Mandamus

A prerogative order meaning "we command," issued by the High Court to compel a person or body to perform a public duty imposed by law.

Certiorari

A prerogative order meaning "to be informed," issued by the High Court to an inferior body to quash irregular proceedings or review an excess of jurisdiction.

Prohibition

An order issued by the High Court to prevent an inferior court or tribunal from hearing a case in excess of its jurisdiction or in violation of natural justice.

Writ of Habeas corpus

An order meaning "produce the body," issued to secure the release of a person held in confinement without legal justification.

Admiralty Jurisdiction

The power of the High Court to decide matters arising on the high seas, territorial waters, or navigable inland waters in Kenya.

Employment and Labour Relations Court

A superior court of record with High Court status established under Article $162(2)(a)$ for settling employment and industrial relations disputes.

Environment and Land Court

A superior court established under Article $162(2)(b)$ and Act No. $19$ of $2011$ with jurisdiction over disputes relating to environment and land.

Chief Magistrate Pecuniary Jurisdiction

Civil jurisdiction in proceedings where the value of the subject matter does not exceed $7,000,000$ shillings.

Resident Magistrate Pecuniary Jurisdiction

Civil jurisdiction in proceedings where the value of the subject matter does not exceed $2,000,000$ shillings.

Kadhis’ Courts

Established under Article $170$ with jurisdiction over Muslim Law regarding personal status, marriage, divorce, or inheritance where all parties are Muslim.

Court Martial

A subordinate court established under the Armed Forces Act to hear cases involving people serving in the military.

Tribunals

Bodies established by Acts of Parliament to exercise judicial or quasi-judicial functions to supplement ordinary courts, though they lack penal jurisdiction.

Judicial Service Commission (JSC)

A body established under Article $171$ to promote judiciary independence and recommend persons for appointment as judges to the President.

Attorney-General

The principal legal adviser to the Government established by Article $156$, who acts as an ex-officio member of the National Assembly.

Amicus curie

Meaning "friend of the court," a role where the Attorney-General appears in civil proceedings to which the Government is not a party.

Advocate

Defined under the Advocates Act $1989$ as any person whose name has been duly entered in the Roll of Advocates.

Law Society of Kenya (LSK)

A body corporate established by Cap $18$ to maintain standards of conduct and learning for the legal profession and protect the interests of members.