Kenya Governance Series
Judiciary of Kenya
Kenya's court hierarchy under Chapter Ten of the Constitution of Kenya 2010 — from the Supreme Court down to Magistrate Courts and Kadhis' Courts, with full jurisdiction, composition and constitutional basis for each court.
5
Levels of Courts
7
Supreme Court Judges
42
Court of Appeal Judges
24+
Sitting Locations (HC)
Court hierarchy
Supreme Court
Apex Court
Court of Appeal
Intermediate Superior Court
High Court
Superior Court of First Instance
Environment and Land Court
Superior Court of First Instance
Employment and Labour Relations Court
Superior Court of First Instance
Magistrate Courts
Subordinate Court
Kadhis' Courts
Subordinate Court
Small Claims Court
Specialised Court
Core mandate
Exercise judicial authority derived from the people (Article 159(1))
Do justice to all irrespective of status (Article 159(2)(a))
Promote alternative forms of dispute resolution (Article 159(2)(c))
Administer justice without undue regard to procedural technicalities (Article 159(2)(d))
Protect and promote the Bill of Rights (Article 159(2)(e))
Supreme Court — bench
Supreme Court of Kenya
Apex Court
Constitutional basis
Article 163 — Constitution of Kenya 2010
Presiding officer
Chief Justice Martha Koome
Composition
The Chief Justice, Deputy Chief Justice, and five other judges (7 total); quorum of 5 for constitutional matters
Jurisdiction
- →Exclusive and final authority in interpretation of the Constitution (Article 163(3)(a))
- →Original jurisdiction over presidential election petitions — 14 days to determine (Article 163(3)(a))
- →Appellate jurisdiction from the Court of Appeal on matters involving constitutional interpretation (Article 163(4)(a))
- →Appellate jurisdiction on any matter certified as involving substantial question of law under Article 163(4)(b)
- →Advisory opinion on any matter concerning Kenya upon application of the national or county government (Article 163(6))
- →Supervisory role over all courts and tribunals (Article 163(7))
Sitting locations
Current Bench
Martha Koome
Chief Justice
10-year term (2021–2031); first female CJ
Philomena Mbete Mwilu
Deputy Chief Justice
Isaac Lenaola
Justice of the Supreme Court
Njoki S. Ndung'u
Justice of the Supreme Court
Mohamed Abdullahi Ibrahim
Justice of the Supreme Court
William Ouko
Justice of the Supreme Court
Former Court of Appeal President
John Ngugi
Justice of the Supreme Court
Court of Appeal
Court of Appeal
Intermediate Superior Court
Constitutional basis
Article 164 — Constitution of Kenya 2010
Presiding officer
Acting President Justice Wanjiru Karanja
Composition
At least 12 judges as prescribed by legislation; currently 42 judges
Jurisdiction
- →Hear and determine appeals from the High Court (Article 164(3)(a))
- →Hear and determine appeals from the Environment and Land Court
- →Hear and determine appeals from the Employment and Labour Relations Court
- →Certify matters for final determination by the Supreme Court (Article 163(4)(b))
- →Any other jurisdiction conferred by legislation
Sitting locations
Currently 42 judges against a complement of 50; sits in panels of three judges
High Court
High Court
Superior Court of First Instance
Constitutional basis
Article 165 — Constitution of Kenya 2010
Presiding officer
Principal Judge Justice Lydia Achode
Composition
Principal Judge + High Court judges (sitting in divisions)
Jurisdiction
- →Unlimited original jurisdiction in criminal and civil matters (Article 165(3)(a))
- →Jurisdiction to determine any question relating to the Constitution (Article 165(3)(d))
- →Jurisdiction to hear and determine petitions regarding rights and fundamental freedoms
- →Supervisory jurisdiction over all subordinate courts and tribunals (Article 165(6))
- →Appellate jurisdiction from Magistrate Courts, Tribunals, and the Kadhi's Court
- →Originate prerogative orders: certiorari, mandamus, prohibition, habeas corpus
- →No jurisdiction over matters reserved for the Supreme Court or the specialised superior courts (ELC, ELRC)
Sitting locations
Divisions
Constitutional and Human Rights Division
Interpret the Constitution; petition for enforcement of Bill of Rights
Family Division
Matrimonial, custody, succession, adoption, and guardianship matters
Criminal Division
Murder, treason, robbery with violence and other capital/serious offences
Civil Division
General civil litigation — contracts, torts, general law claims
Commercial and Admiralty Division
Commercial disputes, shipping, admiralty, banking and complex commercial matters
Anti-Corruption and Economic Crimes Division (ACECD)
Corruption cases, economic crimes, EACC prosecutions
Judicial Review Division
Review of decisions by public bodies and government agencies; JR applications
Intellectual Property Division
Patents, trademarks, copyright and IP enforcement
Specialised superior courts
Established under Article 162(2) — equal constitutional status to the High Court; appeals go directly to Court of Appeal.
Environment and Land Court
Superior Court of First Instance
Constitutional basis
Article 162(2)(b) — Constitution of Kenya 2010; Environment and Land Court Act 2011
Presiding officer
Presiding Judge
Composition
Same status as High Court; judges appointed by JSC
Jurisdiction
- →Exclusive jurisdiction over questions involving the environment and the use and occupation of land (Article 162(2)(b))
- →Hear and determine disputes relating to compulsory acquisition of land (Article 40)
- →Disputes relating to environment, land registration, administration, management and use
- →Community or private land disputes, including those relating to title
- →Land valuation and compensation disputes
- →Sit in any part of Kenya; hearings at all county headquarters
Sitting locations
Equal constitutional status with the High Court; decisions appealed directly to Court of Appeal
Employment and Labour Relations Court
Superior Court of First Instance
Constitutional basis
Article 162(2)(a) — Constitution of Kenya 2010; Employment and Labour Relations Court Act 2011
Presiding officer
Presiding Judge
Composition
Same status as High Court; judges appointed by JSC
Jurisdiction
- →Exclusive jurisdiction over disputes relating to employment and labour relations (Article 162(2)(a))
- →Disputes about constitutional rights in employment
- →Disputes about contracts of service
- →Trade union disputes, lock-outs, strikes
- →Workplace discrimination, harassment and unfair dismissal
- →Social security disputes; pension fund disputes
- →Any other employment or labour dispute referred by statute
Sitting locations
Equal constitutional status with the High Court; decisions appealed directly to Court of Appeal
Subordinate courts
Magistrate Courts
Subordinate Court
Constitutional basis
Article 169(1)(a) — Constitution of Kenya 2010; Magistrates' Courts Act
Presiding officer
Chief Magistrate / Senior Resident Magistrate / Resident Magistrate
Composition
Magistrates graded by seniority: Chief Magistrate → Senior Principal Magistrate → Principal Magistrate → Senior Resident Magistrate → Resident Magistrate
Jurisdiction
- →Criminal jurisdiction: offences where maximum sentence does not exceed Chief Magistrate sentencing powers
- →Civil jurisdiction: claims up to the prescribed monetary limit
- →Preliminary inquiries for capital offences before committal to High Court
- →Family cases: maintenance, custody and access (not divorce — reserved for High Court)
- →Traffic offences, traffic violations and licensing matters
- →Small claims: disputes below the threshold (handled by Small Claims Court)
- →Appeals lie to the High Court
Sitting locations
Kadhis' Courts
Subordinate Court
Constitutional basis
Article 170 — Constitution of Kenya 2010; Kadhis' Courts Act Cap 11
Presiding officer
Chief Kadhi (Head); Kadhis at each court
Composition
Chief Kadhi + number of Kadhis as prescribed; appointed by the JSC
Jurisdiction
- →Determination of questions of Muslim law relating to personal status, marriage, divorce and inheritance (Article 170(5))
- →Jurisdiction only applies where all parties profess the Muslim religion and submit to the court
- →Personal law only — not criminal, commercial or property (unless related to succession)
- →Decisions subject to appeal to the High Court (Family Division)
Sitting locations
Article 170 is one of the most distinctive provisions of the Constitution — it constitutionalises Islamic personal law for Muslim Kenyans
Small Claims Court
Specialised Court
Constitutional basis
Small Claims Court Act 2016
Presiding officer
Adjudicator (Magistrate-level)
Composition
Single adjudicator; informal, expeditious procedure
Jurisdiction
- →Simple civil disputes where the claim does not exceed KES 1,000,000 (increased over time)
- →Money claims, simple contract disputes, debt recovery
- →No lawyers in proceedings — parties appear in person
- →Aimed at reducing backlog and providing affordable justice
- →Judgment enforceable as a Magistrate Court decree
Operating in Nairobi (Milimani) and expanding to major town centres
Judicial Service Commission (JSC)
Constitutional basis
Article 171
Chair
Chief Justice (ex-officio Chair)
Mandate
- →Recruit and appoint judges, Kadhis and judicial officers
- →Promote the rule of law and the independence of the judiciary
- →Review the conduct of judges and judicial officers
- →Advise the national government on matters relating to the judiciary
- →Receive petitions for the removal of judges
Members
- ·Chief Justice (Chair)
- ·Deputy Chief Justice
- ·Attorney-General (ex-officio)
- ·Two judges nominated by the Supreme Court
- ·One advocate, nominated by the LSK
- ·One person nominated by PSC
- ·Two persons nominated by the Public Service Commission
- ·One woman and one man representing the public
Constitutional framework
About this document
This page draws on the Constitution of Kenya 2010 (Chapter Ten, Articles 159–173), the Judicial Service Act, the Magistrates' Courts Act, the Environment and Land Court Act 2011, the Employment and Labour Relations Court Act 2011, and the Kadhis' Courts Act. The bench composition reflects appointments as of 2024–2025. Data compiled by LeadAfrik for civic education.