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Discuss the type,functions and jurisdiction and compositions of Kenyan court

Discuss the type,functions and jurisdiction and compositions of Kenyan court.

Answers

Brian
The 2010 constitution of Kenya establishes an independent judiciary under chapter 10. It is also in this chapter that the system of courts is defined and their jurisdictions outlined.
Article 162 states that the superior courts are the supreme court, court of appeal and high court. Parliament shall also be able to establish courts with status of the high court to determine disputes relating to employment and labour relations; and environment and the use and occupation of title of land.
Article 163 talks about the supreme court in great detail. It comprises of a Chief justice who shall act as the president of the court and his deputy chief justice as well as five other judges. The supreme court has exclusive original jurisdiction to hear and determine disputes relating to election to the office of president according to article 140, it has appellate jurisdiction to hear appeals from the court of appeal and any other subordinate court prescribed by an act of Parliament regarding the application and interpretation of the constitution. The supreme court is also an advisor to the national government, state orgarn or county government at its request. Since its the highest in the hierarchy, all other courts are bound to the decision of the supreme court and it shall exercises oversight on subordinate courts as well as make rules for the exercise of jurisdiction for itself and the subordinate courts.
The court of appeal ranking second in the hierarchy, is established under article 164 of the constitution. It consists of a number of judges being not fewer than 12, as may be subscribed by an act of Parliament. It shall also be run and administered in the manner prescribed by the act of Parliament. The court has a president judge elected by the Judges by themselves. The court of appeal as its title suggests has appellate jurisdiction to hear appeals from the high court or any other subordinate court as mandated by an act of Parliament.
Finally the High court is established by article 165. The court serves a great function within the judiciary. It consists of a number of judges as prescribed by an act of Parliament and shall be organized and administered in the manner prescribed by the act. The High court shall have a principal judge elected by the judges from amongst themselves. It has exclusive original jurisdiction in civil and criminal matters. It has jurisdiction to determine whether the right and fundamental freedoms of a person have been infringed or violated. It has jurisdiction to hear appeal from a decision of a tribunal appointed by the constitution for the removal of a person from office. It has jurisdiction to hear any question concerning interpretation of the constitution and to check whether any law is inconsistent with the current constitution. The high court has supervisory jurisdiction over subordinate courts and over any person exercising judicial or quasi-judicial function but not over a superior court.
namanchu answered the question on January 30, 2018 at 09:14

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