The Judiciary of Kiribati is the branch of the Government of

Kiribati Kiribati (), officially the Republic of Kiribati ( gil, ibaberikiKiribati),Kiribati
''The Wor ...

which interprets and applies the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

s of the country. In addition to the

Constitution of Kiribati The Constitution of Kiribati is the supreme law of Kiribati, which was implemented in 1979. The constitution was subsequently amended in the years 1995, 2016, and 2018. The constitution established the principles of the Bill of Rights and the prot ...

and the corpus of laws, the laws of Kiribati include

customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...

, which the courts must take into account when considering specified matters in criminal and civil proceedings.

Courts

Magistrate courts

Some 24

Magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...

, composed of Magistrates and a

clerk A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...

, deal with less-serious civil,

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...

, and land cases on a district basis. Magistrates courts are district courts of summary jurisdiction and were formally established by the Magistrates Courts Ordinance of 1977. They are by default composed of 3 magistrates appointed by the Minister of Justice on recommendation of the Chief Justice of the High Court, however, the Chief Justice may establish single magistrate units of which there are currently 11 operating on the islands of

South Tarawa South Tarawa ( gil, Tarawa Teinainano) is the capital and hub of the Republic of Kiribati and home to more than half of Kiribati's population. The South Tarawa population centre consists of all the small islets from Betio in the west to Bonri ...

and

Kiritimati Kiritimati (also known as Christmas Island) is a Pacific Ocean atoll in the northern Line Islands. It is part of the Republic of Kiribati. The name is derived from the English word "Christmas" written in Gilbertese according to its phonology, ...

High Court

The High Court hears more serious civil and criminal cases appealed to it by the Magistrates courts. It along with the Court of Appeal is constitutionally established as Kiribati's superior court of record. Appeals relating to land,

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...

, and

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...

are dealt with by the High Court's Land Division. Prior to 2014 there was only the one High Court judge, but in that year a second (puisne) judge was appointed. The Chief Justice of Kiribati is the Head of the Judiciary in Kiribati and is appointed by the

President of Kiribati The president of Kiribati ( gil, Beretitenti) is the head of state and head of government of Kiribati. Following a general election, by which citizens elect the members of the House of Assembly, members select from their midst "not less than 3 ...

on advice from the

Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...

in consultation with the Public Service Commmission. Additional judges are appointed by the President on advice from the Chief Justice in consultation with the Public Service Commission. Only a person who has held office as a judge (in any country) or who has been qualified to practice law for at least 5 years are eligible to be appointed to the High Court.

Court of Appeal

Kiribati Court of Appeal The Kiribati Court of Appeal is the supreme court of Kiribati established according to the Constitution of Kiribati of 12 July 1979 (section 90). The Court sits in Betio, South Tarawa. Sometimes the superior court of Kiribati is also considered t ...

is established to hear appeals from the High Court. The court is composed of the Chief Justice and other judges of the High Court, and other such justices appointed by the President on advice of the Chief Justice of the High Court sitting with the Public Service Commission. Judges appointed to the court in addition to the High Court judges may sit on the Court of Appeal for a specified term or for particular causes or matters. The President chooses which judge shall sit as President of the Court of Appeals. A Court of Appeal judge may not sit for an appeal for a case in which they gave a decision on any court on which they were a member. Judges may only be removed if they are unable to carry out the functions of the office, or for "misbehavior" as decided by the President on resolution by the

Maneaba ni Maungatabu The House of Assembly (, ) is the Legislature of Kiribati. Since 2016, it has 45 members, 44 elected for a four-year term in 23 single-seat and multi-seat constituencies and 1 non-elected delegate from the Banaban community on Rabi Island in ...

after advice from a tribunal appointed by the President, one of whose members must be a person who has held "high judicial office."

Chief Justices

From 1877 to 1962, the Chief Justice of Fiji was ex officio the

Chief Judicial Commissioner for the Western Pacific The Chief Justice of the High Commissioner's Court, more commonly known as the Chief Judicial Commissioner for the Western Pacific, was the chief judicial officer throughout the British Western Pacific Territories from 1877 through 1976. This was ...

including the

Gilbert Islands The Gilbert Islands ( gil, Tungaru;Reilly Ridgell. ''Pacific Nations and Territories: The Islands of Micronesia, Melanesia, and Polynesia.'' 3rd. Ed. Honolulu: Bess Press, 1995. p. 95. formerly Kingsmill or King's-Mill IslandsVery often, this n ...

(as

Gilbert and Ellice Islands The Gilbert and Ellice Islands (GEIC as a colony) in the Pacific Ocean were part of the British Empire from 1892 to 1976. They were a protectorate from 1892 to 12 January 1916, and then a colony until 1 January 1976. The history of the colony w ...

colony).

High Court of the Western Pacific (including the Gilbert and Ellice Islands 1962-1978)

Gilbert Islands (from 1978)

Kiribati (from 1979)

References

External links

Judiciary Kiribati - Te Bolaki Ni Kabowi
Courts in Kiribati Law of Kiribati {{Asia-law-stub