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TheSubordinate Courts of Kenya are courts subordinate to Kenya'sHigh Court, established under Article 169 of theConstitution of Kenya 2010.
They include theMagistrates' Court, theKadhis' Courts, theCourts Martial theSmall Claims Court (Kenya), and any other court or local tribunal established by an Act of Parliament.[1]
The jurisdiction of these courts varies. The Magistrates' court has jurisdiction over criminal and civil matters as derived from the Criminal Procedure Code (Cap.75 of the Laws of Kenya) or other written laws.[2] The court also hears matters arising from traffic offenses as per the Traffic Act.
The jurisdiction of the Kadhis' Court is limited to matters related toIslamic laws such aspersonal status including marriage, divorce or inheritance. For a case to be heard at this court, the involved parties must be adherents ofthe Islamic religion and willing to have their case heard under the jurisdiction of the Kadhis' Courts.
TheCourts Martial is a military court with jurisdiction over matters involving members of theKenya Defense Forces.[3]
Established by the Small Claims Court Act 2 of 2016 as a subordinate Court,[4] the Small Claims Court adjudicates claims not exceeding one millionshillings. The court has jurisdiction to hear and determinecivil claims related to contracts, money held or received,liability intort law,compensation forinjury orcounterclaims in contracts.[5]
Tribunals are bodies established by Acts of Parliament to exercise judicial orquasi-judicial functions. They supplement ordinary courts in the administration of justice. Tribunals have no penal jurisdiction and operate mostly under the High Court's supervision.
Matters arising from Subordinate Courts can be appealed to the High Court.
Section 10 of the Judicial Service Act establishes the Office of the Registrar Subordinate Courts. The office is tasked with coordinating support for Magistrates' and Kadhis' courts by strengthening existing infrastructure and recommending good practices.[6]
The subordinate courts of Kenya are structured to include
A magistrates' court is considered duly constituted when presided over by aChief Magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate or aresident magistrate as prescribed by the Magistrates’ Courts Act.
According to Article 170 of the Constitution of Kenya, a Kadhi's Court shall have aChief Kadhi and at least three otherKadhis in accordance with an Act of Parliament.
The Court Martial consists of a Judge Advocate (a practiced magistrate or an advocate for at least ten years appointed by theChief Justice who acts as the presiding officer; and at least five other members appointed by the Defence Court-martial Administrator in the case of an officer being tried, and not less than three other members in other cases.