The Structure of Kenya’s Court System
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Kenya’s Constitution establishes superior courts and subordinate courts. The distinction is about constitutional status and jurisdiction, not simply the size or location of a courthouse.
Superior courts
| Court | Main role |
|---|---|
| Supreme Court | The apex court, with the jurisdiction specified in Article 163, including presidential-election disputes and qualifying appeals |
| Court of Appeal | Hears appeals from the High Court and other courts or tribunals where legislation provides for an appeal |
| High Court | Exercises the jurisdiction in Article 165, including constitutional matters and civil and criminal cases, subject to constitutional limits |
| Employment and Labour Relations Court | Determines employment and labour-relations disputes within its jurisdiction |
| Environment and Land Court | Determines disputes concerning the environment and land within its jurisdiction |
The Employment and Labour Relations Court and Environment and Land Court have equal status to the High Court. They are not departments below it. The High Court does not hear matters reserved to those courts or exclusively to the Supreme Court.
Subordinate courts
Article 169 lists:
- Magistrates’ courts.
- Kadhis’ courts.
- Courts martial.
- Other courts or local tribunals established by Parliament, excluding the courts of High Court status under Article 162(2).
The Small Claims Court is also a subordinate court, established by statute and listed by the Judiciary. Its cases follow the jurisdiction and procedures set by its governing law.
Kadhis’ courts have constitutionally limited jurisdiction over Muslim personal-status, marriage, divorce or inheritance questions where all parties profess Islam and submit to that jurisdiction. They are not general civil courts for every dispute involving a Muslim litigant.
Choosing the correct court
The subject, value, location and governing law affect where a case belongs. Appeal rights and deadlines also depend on the particular law; not every case can automatically proceed through every court to the Supreme Court.
Tip: Confirm jurisdiction and filing requirements with the relevant registry or an advocate before filing. Use the [court-fees guide](/understanding-court-fees-in-civil-cases/) to understand payment assessment separately.
