Courts

Historical Background

The High Court of Kenya has been in existence since the East African Order in Council of 1897 and the Crown Regulations, which established the Kenyan legal system. Through the order in Council, English Law was introduced to the Kenyan Ordinances and to administer the English Law, the colonial power introduced various classes of courts. The court with jurisdiction over all persons in the territory was first established in 1897, referred to as Her Majesty’s court of East Africa, which was later renamed as the High Court of East Africa. The Court was first established in Zanzibar and later moved to Mombasa within the Kenyan protectorate in 1902. In 1911, the High Court was transferred to Nairobi and British Indian Legal practices were substituted with English Law. The first courthouse in Nairobi was at the DC’s office in Upper Hill near present day Nairobi Club. It was later transferred to Town Hall within the city centre. From 1923, the Theatre Royal served as the seat of the High Court, with the Chief Justice and witnesses being accommodated on the stage. The High Court relocated to the present Supreme Court Building in 1931.

Later on the ordinance established the Supreme Court within the Kenyan protectorate that was the equivalent of the High Court in the Eastern Africa Protectorates of Uganda and Tanganyika. However, when Kenya became a Republic in 1964, the Supreme Court was renamed the High Court with unlimited original criminal and civil jurisdiction over all persons, regardless of racial or ethnic considerations.”

Mandate of the Court

The High Court is established under Article 165 of the Constitution. The Court is clothed with inherent jurisdiction to: determine all Criminal and Civil Matters; determine cases concerning the violation and or infringement of the bill of rights; hear appeals from subordinate courts and tribunals; interpret the constitution; and, exercise supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function. Any other jurisdiction original or appellate conferred to it by an act parliament.

High Court Stations and Divisions

There are currently 41 High Court Stations. There are also seven Divisions established as listed below. 

      1.Family

      2.Commercial and Tax

      3.Civil

      4.Criminal

      5.Constitutional and Human Rights

      6.Judicial Review

      7.Anti-Corruption and Economic Crimes

Admiralty cases are filed and heard in Mombasa High Court.

There are 82 judges serving in the High Court compared to the legal establishment of a maximum of 200.