
The Resident magistrate court
1. Establishment
It is established by section 3 (I) of the Magistrates Court Act, Cap 10, Laws of Kenya, as
a sub-ordinate court.
2. Composition
The court is duly constituted when held by; the chief magistrate, senior principal
magistrate, principal magistrate. Senior resident magistrate or the resident magistrate
duly appointed by the Judicial service commission.
3. Jurisdiction
Under section 3(2) of the Magistrates Court Act, the court has jurisdiction through out
Kenya. It exercises both original and appellate jurisdiction. It exercises jurisdiction in
both civil and criminal cases.
4. Criminal Jurisdiction
It exercises original and appellate jurisdiction in criminal cases. It has no appellate
jurisdiction in civil cases.
When held by the Resident magistrate the maximum sentence it can impose is 24 strokes, 7 years imprisonment, or a fine not exceeding Kshs. 20,000. When held by the
chief magistrate, senior principal magistrates, principal magistrate or senior resident
magistrate, it has jurisdiction imposes any sentence as long as the court can try the
offense.
5. Appellate Jurisdiction
The court entertains criminal appeals from the District Magistrates Court 3rd class.?
6. Civil Jurisdiction
The courts civil jurisdiction is subject to pecuniary or monetary limitations
Court---Value of subject matter
Chief magistrate---3,000,000
Senior principal magistrate---2,000,000
Principal magistrate----1,000,000
Senior resident magistrate----800,000
Resident magistrate----500,000
The court has unlimited jurisdiction to entertain cases based on African customary law.
raphael answered the question on April 16, 2018 at 18:45
-
Explain eight sources of law in Kenya or your country.
(Solved)
Explain eight sources of law in Kenya or your country.
Date posted:
April 16, 2018
.
Answers (1)
-
Explain the following types of precedent:(i) Declaratory Precedent;(ii) Original Precedent;(iii)Distinguishing Precedent.
(Solved)
Explain the following types of precedent:
(i) Declaratory Precedent;
(ii) Original Precedent;
(iii) Distinguishing Precedent.
Date posted:
April 16, 2018
.
Answers (1)
-
Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it
against fire with Linda Mali Insurance Co. Ltd and...
(Solved)
Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He also insured his household goods against burglary with Lipa Insurance Co. Ltd. for Sh. 5 million. One night while he was away, burglas broke into the house, stole all household goods and set the house on fire completely destroying it.
Akili Mingi claims the sum assured from the three insurance companies. Advise them.
Date posted:
April 16, 2018
.
Answers (1)
-
Discuss the main exceptions to the rule “Nemo dat quod non habet”.
(Solved)
Discuss the main exceptions to the rule “Nemo dat quod non habet”.
Date posted:
April 16, 2018
.
Answers (1)
-
Explain the meaning of the rule “Nemo dat quod non habet” as stipulated in the Sale of
Goods Act.
(Solved)
Explain the meaning of the rule “Nemo dat quod non habet” as stipulated in the Sale of
Goods Act.
Date posted:
April 16, 2018
.
Answers (1)
-
Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price....
(Solved)
Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price. Keter asked Kamau how many sheep could be reared on the farm and Kamau replied, “I have not used the farm for sheep rearing but I think it could support 2000 sheep.”
Keter bought the farm and immediately purchased 2000 sheep to rear on it. However, the firm is unable to accommodate the 2000 sheep and Keter is aggrieved and intends to sue Kamau for misrepresentation.
Advise Kamau.
Date posted:
April 16, 2018
.
Answers (1)
-
You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will...
(Solved)
You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will omit from the partnership deed on the basis that they are implied by the Partnership Act (Cap 29) Laws of Kenya.
Date posted:
April 15, 2018
.
Answers (1)
-
Explain the rules that govern the measure of damages in the law of contract.
(Solved)
Explain the rules that govern the measure of damages in the law of contract.
Date posted:
December 30, 2016
.
Answers (1)