Kenya, officially known as the Republic of Kenya, is located in East Africa. Kenya shares borders with Tanzania, Uganda, South Sudan, Ethiopia, and Somalia. Its coastline along the Indian Ocean enabled historic commercial ties to Arabia and South Asia. Kenya’s Great Rift Valley is home to some of the earliest human remains found by archeologists. The country has over 40 ethnic groups, each with distinct cultures and languages; the largest include the Kikuyu, Luhya, Luo, Kalenjin, and Kamba. Kenya’s semi-nomadic Maasai are known for their warrior traditions and communities near many of the country’s national parks and wildlife reserves.
In the late 19th century, the British government assigned the British East Africa Company a charter to administer its interests and coordinate trade in the region. The British assumed direct control of Kenya in 1895, initially creating a protectorate and later, in 1920, declaring Kenya a British colony. The British expropriated land and exploited the labor of the native population to build railways and roads and extract national resources. Resentment against the colonial regime led to demands for political representation and, in 1952, the Mau Mau Uprising. The British spent millions of pounds in an effort to suppress the rebellion, killing civilians, and forcing thousands into concentration camps. Although some civil liberties reforms were eventually implemented, the British were not able to appease demands for independence. Kenya became a sovereign republic in 1963.
Kenya has a multi-party, democratic government and is a political and economic hub for the continent. While agriculture has long been the backbone of the economy, Kenya also has dynamic services and technology sectors as well as a thriving tourism industry. Nairobi, the capital city, is home to residents from many African cultures as well as people from the Middle East and South Asia. Kenya’s official languages are Swahili and English.
Legal System
Kenya has a mixed legal system with common law traditions inherited from the British as well as customary and Islamic law. The 2010 Constitution of Kenya introduced significant reforms to national governance and the judiciary. Kenya is a unitary state with 47 counties, each with their own local governments.
The primary sources of law in Kenya include the constitution, statutory law enacted by Parliament, common law established by the judiciary, customary law that addresses marriage and inheritance, and Islamic law. International treaties ratified by Kenya are incorporated directly into domestic law under Article 2(6) the Constitution.
The Courts
Kenya’s judiciary is composed of Superior and Subordinate Courts.
Superior Courts
Supreme Court
The Supreme Court has appellate jurisdiction over decisions from the Court of Appeal and other tribunals designated by legislation as well as exclusive original jurisdiction over presidential election petitions. There are seven justices including the Chief Justice and Deputy Chief Justice. Cases are heard by the full bench unless otherwise directed by the Court.
Supreme Court justices are appointed by the President after a competitive selection process overseen by the Judicial Service Commission (JSC). Parliament must approve nominees for Chief Justice and Deputy Chief Justice. Candidates must hold a law degree, be an advocate of the High Court, or have an equivalent qualification from a common law jurisdiction. They must also have at least 15 years of experience as a superior court judge or distinguished academic, legal practitioner or judicial officer. The Chief Justice may serve a maximum term of 10 years or until age 70, whichever comes first. All other justices have a mandatory retirement age of 70.
Court of Appeal
The Court of Appeal hears appeals from the High Court and other subordinate courts for civil and criminal matters. The court has a minimum of 12 and maximum of 30 judges who sit in panels of at least three. It is headquartered in Nairobi, with additional registries (locations where pleadings are filed) in Kisumu, Mombasa, Nyeri, Eldoret, and Nakuru to ensure nationwide access. Judges are appointed by the President upon the recommendation of the Judicial Services Commission and may serve until the age of 70.
High Court
The High Court has original jurisdiction in all civil and criminal matters and exercises supervisory jurisdiction over subordinate courts and tribunals. It also hears petitions alleging a violation of fundamental rights, appeals from tribunal decisions related to the removal of an official, and maritime matters. Specialized divisions include Family, Commercial, Land and Environment, and Constitutional and Human Rights. There are 95 High Court judges who sit in stations (courthouses) across 47 counties. Cases are heard by a single High Court judge.
Subordinate Courts
Magistrates’ Courts
Magistrates’ courts hear first instance civil and criminal matters within statutorily designated monetary and sentencing parameters. The magistrate courts are classified by the seniority of the presiding magistrate: Resident Magistrate, Senior Resident Magistrate, Principal Magistrate, Senior Principal Magistrate, and Chief Magistrate. Each level has specific civil and criminal jurisdiction based upon the value of civil cases and the maximum penalties in criminal cases. Appeals from a magistrate court judgment are heard by the High Court.
Kadhis’ Courts
Kadhis’ Courts apply Islamic law in matters of personal status, including marriage, divorce, and inheritance. Muslim residents can choose whether to litigate these issues in a Kadhis’ court or a non-religious court. These courts are provided for in the constitution and their procedures are set forth in legislation. Cases are heard by judicial officers, Kadhis, who are qualified in Islamic law. As with the non-religious courts, judges are appointed by the Judicial Services Commissions. Appeals from Kadhis’ Courts are heard by the High Court.
Courts Martial
Courts Martial are part of Kenya’s military justice system. However, their judgments can be reviewed the High Court. Military courts adjudicate cases involving members of the armed forces for offenses under military law such as desertion or insubordination.
Other Tribunals
Kenya has twenty tribunals with quasi-judicial authority that offer specialized dispute resolution and divert cases from the regular court system. They are under the jurisdiction of the Registrar of Tribunals, an entity established by the Judicial Services Commission. While not part of the formal judiciary hierarchy, their decisions are subject to review by the High Court. Some tribunals, such as the Political Parties Disputes Tribunal, the Rent Restrictions Tribunal, and the Tax Appeals Tribunal, perform adjudicatory functions and resolve legal disputes. Other tribunals provide administrative oversight or enforcement mechanisms, such as the HIV and AIDS Tribunal that hears allegations of discrimination and issues related to mandatory testing and the Transport Licensing Appeals Board that reviews decisions of the National Transport and Safety Authority.
Judicial Appointment and Tenure
Judges and magistrates are appointed by the President on the recommendation of the Judicial Services Commission (JSC), a constitutionally created body composed of judges, legal practitioners, and public representatives. Judicial vacancies are publicly advertised. The JSC manages the application process including interviews, background checks, and vetting. There is no eligibility examination.
Judges must be Kenyan citizens, hold a law degree from a recognized institution, and have a minimum of 10 years legal experience. Magistrates and kadhis, however, only require 3 years of legal experience. In addition to these requirements, judges on the Kadhis’ courts must be Muslim and have a degree in Islamic law.
Judges may serve until age 70, with optional early retirement at 65. Kadhis and magistrates have a mandatory retirement age of 60.
Judicial Conduct and Discipline
The Judicial Services Commission oversees judicial conduct and discipline. Individuals and organizations can file complaints with the JSC. The JSC may impose administrative sanctions if it makes a finding that either a kadhi or magistrate has engaged in misconduct. Allegations of misconduct against superior court judges must be reviewed by a special tribunal appointed by the President. The special tribunal consists of a chairperson and judges, former judges, and members of the legal community. The tribunal reviews the allegations; it may dismiss charges deemed unfounded or issue a sanction, including removal. Judges may appeal the tribunal’s findings to the Supreme Court.
The judiciary implements annual performance evaluations for all judges and magistrates. The evaluations include quantitative indicators such as the number of cases resolved, timeliness of decisions, and backlog management, as well as qualitative assessments of legal reasoning and courtroom demeanor. This process includes self-assessment, peer review, and input from court users and the public. Results are used to inform training needs, promotions, and administrative improvements including budget allocations and decisions about research needs.
Judicial Administration
Kenya’s court system has administrative autonomy. The Chief Justice serves as the head of the judiciary and day to day management is overseen by the Office of the Chief Registrar. The Office of the Chief Registrar is responsible for human resources, finance, infrastructure, and all other administrative functions. The judiciary presents its annual budget request, prepared by the Registrar, to the parliament.
Judicial Education
The Kenya Judiciary Academy, formerly the Judiciary Training Institute, provides induction training for newly appointed judges as well as continuous judicial education and research support for experienced judges, magistrates, and judicial officers (registrars and administrative personnel). The Academy also has a research function that facilitates policy development within the judiciary.
The Academy’s curriculum includes substantive law, judicial ethics, courtroom management, decision writing, and emerging areas such as climate change, cybercrime, and digital evidence. The Academy also offers training in human rights, gender justice, and alternative dispute resolution. The Academy collaborates with both local and international institutions to deliver specialized courses, including modules on judicial leadership, mental health awareness, anti-corruption measures, and the use of technology in adjudication.
Digitization
Kenya’s judiciary has adopted a range of digital tools to enhance access to justice. During the COVID-19 pandemic, the use of virtual court hearings, e-filing, and digital case management was expanded. E-filing has been implemented in major cities such as Nairobi, Mombasa, and Kisumu. Users can file pleadings, pay fees, and track case progress online. Virtual hearings are conducted via video conferencing, reducing delays and improving efficiency. Other recent innovation includes a pilot for AI-driven case classification tools and the expansion of mobile court services to remote areas.
Law Reports
The National Council for Law Reporting, a public entity, manages the Kenya Law Reports, which provides free online access to judicial decisions, statutes, and legal commentary. The Kenya Law Reports include judgements from all courts and tribunals in Kenya, as well as Acts of Parliament, the Constitution, and weekly editions of the Kenya Gazette. The National Council for Law Reporting was established by an act of parliament in 1995 in order to better promote legal scholarship and to ensure public access to legal information.
Small Claims Courts
Kenya’s Small Claims Courts were established in 2016 as part of broader efforts to enhance access to justice. The small claims courts provide a more efficient and affordable forum for resolving civil disputes involving amounts not exceeding KES 1 million. Proceedings are informal and have few legal technicalities, enabling litigants to represent themselves. Proceedings must be completed within 60 days and are presided over by adjudicators rather than judges. Adjudicators are legally qualified judicial officers, normally an advocate of the High Court of Kenya with at least three years of experience. Adjudicators are appointed by the Judicial Service Commission and receive specialized training.
Indigenous Communities and Land Rights
The 2010 Constitution affirms the rights of Kenya’s indigenous and marginalized communities. Article 11 recognizes “culture as a foundation of the nation and the cumulative civilization of the Kenyan people and nation.” Article 63 states that community land “shall vest and be held by communities identified on the basis of ethnicity, culture, or similar community of interest.” The courts have interpreted these provisions to affirm indigenous land rights. In Mohamed Ali Baadi and Others v. Attorney General (2018), members of the Lamu community filed suit against Kenya’s Attorney General and public ministry heads contesting the approval of a construction project that they argued would cause extensive environmental damage, impacting their economic and cultural rights. The court ordered government officials to coordinate with the Lamu to develop a new environmental impact assessment, make efforts to mitigate damage to the environment and cultural interests of the community, and compensate local fisherman for their alleged losses.