Magistrate courts are generally located in every district in kenya. S v musino hh15817 and s v taurayi hh29890 by geoff feltoe. Magistrates courts act 32 of 1944 signed by the officer administering the government in afrikaans as amended by magistrates courts amendment act 40 of 1952 magistrates courts amendment act 14 of 1954 general law amendment act 62 of 1955. Delete the definition of the word magistrate and substitute therefor the following magistrate has the meaning assigned to it in the magistrates court act, 2015 no. The court systems in kenya study materials and latest. The regional magistrates courts deal with more serious cases than the ordinary magistrates courts for example, murder, rape, armed robbery and serious assault. Resident magistrate, senior resident magistrate, principal magistrate, senior principal magistrate, and chief magistrate. Chief magistrate is the highest ranking among magistrates and also assumes administrative control of magistrate courts in his or her jurisdiction. Any relevant family proceedings at which the public are not entitled to be present. An act of parliament to confer on the court of appeal jurisdiction to hear appeals from the high court and for purposes incidental thereto act no. Superior courts in kenya supreme courts magistrate. This act provides with respect to the jurisdiction, powers and functions of magistrates courts and for other related matters. This section does not affect any jurisdiction conferred on the magistrates court. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in.
Magistrates courts act table of contents rules of court. Magistrates courts also have jurisdiction to hear and determine traffic matters in the manner provided for under the traffic act, cap. Section 24 amends section 49 of cap 160 by deleting the words resident magistrate and substituting with magistrate s court and deleting the words one hundred thousand shillings and substituting with the pecuniary limits set out in section 71 of the magistrates courts act, 2015. The environment and land court act, 2011 which creates a specialized court having the same status as the high court, the magistrates act, 2015 which specifically conferred on magistrates the jurisdiction to hear cases under the environment and land act subject to the pecuniary limit of kes 20. There are two levels of courts superior court consist of supreme court, court of appeal and high court and subordinate courts resident magistrate court, kadhi courts, court martials, tribunals, district magistrate courts classes 1st, 2nd and 3rd. Resident magistrate s court in the parish in which the person resides, or, as the case may be, to the family court for a maintenance order in accordance with the provisions of this act. Pdf magistrates courts act 2015 full firm atp academia. An act of parliament to establish magistrates courts. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. Jan 23, 2015 respect of magistrates courts for districts and the process is issued out of a magistrates court for a regional division or when the matter is in respect of a cause of action in terms of section 291ba of the act r654,50 item 4 notice in terms of rule 122 a claim or claims where the aggregate of the claim or claims does not.
Magistrates courts are primary courts, district courts or courts of a resident magistrate. The arrow on the figure shows the hierarchy of courts in kenya. They handle civil and criminal matters depending on the rank of the magistrate. The chief registrar of the judiciary supreme court building, tel. Any person who is aggrieved by a decision of the magistrates court, arising either from a criminal or civil trial can appeal to the high court. Local government act, 2015 seychelles legal information. Kenya magistrates lack jurisdiction over land and environment. Revenue administration amendment act, 2015 revenue administration common reporting standard regulations, 2015 revenue administration filing of business activity statement amendment regulations, 2018. Kenya judges and magistrates vetting board wikipedia. Provided that when there is more than one magistrates court in the same division, the chief justice may direct the distribution of business between such courts. Magistrates courts were created under the magistrates courts act, chapter 10 of the laws of kenya and reconstituted under article 169 of the constitution of kenya 2010. The magistrates court sentencing guidelines have been a settled feature of magistrates courts for many years.
Jan 21, 2016 section 24 amends section 49 of cap 160 by deleting the words resident magistrate and substituting with magistrates court and deleting the words one hundred thousand shillings and substituting with the pecuniary limits set out in section 71 of the magistrates courts act, 2015. The magistrates courts act, 1963 table of contents part i preliminary section title 1. Magistrates courts amendment act, 2007, 2007 uganda. The act defines jurisdiction proceedings relating to land and in case of customary law. Court established 1 a court called the magistrates court of western australia is established. Power to transfer suits which may be instituted in more than one court. The supreme court of kenya is established under article 163 of the constitution of kenya. Family proceedings as within the meaning of a section 65 of the magistrates courts act 1980, or b section 32 of the. An act to repeal and reenact, with certain modifications, the magistrates courts, act 1963 part i preliminary. The judges and magistrates vetting board is a board established by the government of kenya as a result of the vetting of judges and magistrates act, 2011, which was passed by parliament to create the necessary institutional framework and guidelines for the vetting of judges and magistrates. Although the anticorruption and economic crimes division in the high court was created in december 2015, it has been handling only appeals and cases of constitutional rights infringements arising. The high court is established under article 165 and it consists of a number of judges to be prescribed by an act of parliament. Labour amendment act, 2015 zimbabwe legal information institute. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in the gazette, appoint, 2.
Criminal jurisdiction and procedure act 2015 the magistrates court has jurisdiction, in the exercise of its powers under the young offenders act 1950, to try summarily an indictable offence while sitting as a family court. Interpretation in this act, except where the context otherwise requires. An act to amend and consolidate the law relating to the establishment, constitution and jurisdiction of, and the practice and procedure before, magistrates courts and to make provision for other matters connected therewith or incidental thereto. Part ii establishment of magistrates courts, appointment of magistrates and law to be administered. A primary court, in proceedings of a civil nature, may order the recovery of possession of land. Indian transfer of property act itpa 1882 repealed industrial court act, no. The judiciary of kenya is the system of courts that interprets and applies the law in kenya. In section 121 of the magistrates courts act 1980 constitution etc of a magistrates court, after subsection 5 insert 5a a magistrates court that is trying a summary offence in accordance with section 16a is restricted to the following in dealing with the accused for the offence a imposing a fine. Signed by the officer administering the government in afrikaans. A primary court, in proceedings of a civil nature, may order the recovery of possession of. Under paragraph 21 of schedule 17 to the crime and courts act 20b and section 2 of the. Establishment of the northern cape division of the supreme court of south africa act 15.
This act may be cited as the marriage act chapter 5. Industrial court, land and environment court, childrens court, municipal council courts, milimani commercial court, kadhis courts, courts martial, mobile courts, rent restriction tribunal, cooperative tribunal, industrial. The new magistrate courts act 2015 significantly increases the pecuniary jurisdiction of magistrate courts. Insert the following new definition in its proper alphabetical sequence. Magistrates courts handled the majority of civil and criminal cases in kenya. An act to provide for the establishment of a district council in each district in order to enable the citizens to participate in the governance and development of the district, its functions, qualifications of persons who may be elected as councillors, th. When culture clashes with the criminal law case note on s v hamunakwadi 2015 1 zlr 392 h. Act domestic violence act 2010 6 the local council court shall make a written referral to the police and the magistrates court where a the perpetrator is a second or repeat offender. In terms of the criminal law sentencing amendment act no 38 of 2007 a regional magistrates court can sentence a person who has been found guilty of offences that include. Judiciary superior courts in kenya the judiciary under the new constitution under section. Article 169 1,a of the constitution of kenya 2010 creates the magistrate court.
In this act, unless the context requires otherwise. Agency for social protection standard measure amendment regulations, 2015. The board was set up to vet the suitability of all. According to the law, in exercising its authority, a magistrates court shall be. The objective of this act is to enable magistrate courts to facilitate just, expeditious, proportionate and accessible judicial services in exercise of the criminal and. This act may be cited as the labour amendment act, 2015. Parliament passed the magistrates and judges vetting act of 2011. The retreat was held to develop a draft in line with the committees tors in readiness for presentation at. This act may be cited as the magistrates courts act. Republic of kenya republic of kenya images are courtesy. S v musino hh15817 and s v taurayi hh29890 by geoff feltoe aligning the administrative justice act with the constitution. Act 7 magistrates courts amendment act 2007 1a in particular, the court shall, when conducting a trial of the offence of defilement, consider the need, in the interest of the child, to exercise its power under article 282 of the constitution, to exclude the press and the public from the proceedings before the court for reasons of. Enacted by the parliament and the president of zimbabwe.
The court administrator handbook committee that was constituted to develop a manual for court administrators met in nairobi to discuss its first draft. The magistrates and kadhis courts the magistrates and kadhis courts are established under articles 162, 169 and 170 of the constitution of kenya, magistrates court act and the kadhis court act. Act where such exemption is in the public interest and in furtherance of government policy. Article 169 1a of the constitution of kenya 2010 creates the magistrate court. Interpretation in this act, except where the context otherwise requires claim under customary law means a claim concerning any of the following matters under african customary law a land held under customary tenure. The court systems in kenya study materials and latest news. An act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. This is where majority of the judiciaries cases are heard. Alcohol sale offences 2017, licensing act 2003, ss. Pdf independence of criminal judges in kenya current issues. The court has a principal judge, who is elected by the judges of the high court from among themselves. Reporting restrictions in the criminal courts april 2015. A magistrates court may send a defendant for trial in the crown court under section 51 or 51a of the crime and disorder act 1998a. Transfer of statutory functions witness protection act order, 2015.
After the promulgation of the constitution of kenya in 2010, the general public, through parliament, sought to reform the judiciary. The new magistrate courts act 2015 significantly increases the pecuniary. The process was completed by the passage of two acts in 1967. Dec 17, 2017 magistrates and kadhis courts registry manual. This structure of the courts is based on the provisions of the constitution, the magistrates court act cap.
Judiciary launches magistrates and kadhis courts registry. The kadhis courts act 1967 established six kadhis courts for the application of muslim personal status law. In this act intcrprcta cause includes any suit or other original proceeding, 110. Short title this act may be cited as the magistrates courts act. Changing times beckon in the kenyan magistrates courts, as marked by the enactment of the magistrates courts act, 2015 the act which came. This act may be cited as the judicature supreme court shorttitlc. Magistrates courts act uganda legal information institute. Brief overview of the magistrates courts act, 2015 no. Short title this act may be cited as the appellate jurisdiction act.
The court is organized and administered in the manner prescribed by an act of parliament. This edition applies to all relevant cases appearing for allocation mode of trial or for sentence on or after 4 august 2008 and replaces the guidelines which were effective from 1 january 2004. Appointment of appropriate judicial authorities and supervisory magistrates. Magistrates courts these courts have both civil and criminal jurisdiction, as provided for in the various acts of parliament. This edition applies to all relevant cases appearing for allocation mode of trial or for sentence on or after 4 august 2008 and replaces the guidelines which were effective from 1.
In overturning the high court petition at least in part, the court of appeal affirmed that subordinate courts have jurisdiction to hear and determine matters relating to environment and the use, occupation of and title to land on the basis of the constitutionality of the environment and land act, 2011 and the magistrates court act, 2015. The magistrates and kadhis courts are established under articles 162, 169 and 170 of the constitution of kenya, magistrates court act and the kadhis court act. Court administrators handbook the judiciary of kenya. See part 9 for the procedure on allocation and sending for trial. Subordinate courts kenya law reform commission klrc. Signed by the officer administering the government in. Constitution of magistrates courts 1 subject to the provisions of section 7, a magistrates court shall be duly constituted when held by a single magistrate, being a in the case of a primary court, a primary court magistrate. Magistrates courts act principal legislation arrangement of sections section title part i preliminary provisions 1.