The Magistrates' Court of Kenya is a Subordinate court established under Article 169 1(a) of Kenya's 2010 Constitution. The Court is subordinate to the High Court and is presided over by either a

chief magistrate A chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and admi ...

, a senior principal magistrate, a principal magistrate, a senior resident magistrate, or a

resident magistrate A resident magistrate is a title for magistrates used in certain parts of the world, that were, or are, governed by the British. Sometimes abbreviated as RM, it refers to suitably qualified personnel—notably well versed in the law—brought int ...

Jurisdiction

The Magistrates' court has both

civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...

and

criminal jurisdiction Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: #to regulat ...

. The court has

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

over criminal matters and derives its powers from the Criminal Procedure Code (Cap.75 of the Laws of Kenya) or any other written Law. This court also has jurisdiction to hear and determine matters arising from traffic offenses as provided for by the Traffic Act, Cap. 403 of the Laws of Kenya. The court also exercises jurisdiction over civil matters. This function is, however, limited to matters in which the value of the disputed subject does not exceed Ksh 20 million for a

, 15 million for senior principal magistrate, 10 million for a principal magistrate, 7 million for a senior resident magistrate, and 5 million for a resident magistrate. This jurisdiction includes claims relating to succession; marriage, divorce, maintenance or dowry; adultery; status of widows and children such guardianship, adoption, custody, and legitimacy; land held under African customary tenure; environment disputes; violation of the human rights provided under Article 25 (a) and (b) of the Constitution of Kenya; employment and labor relations; and

contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...

Specialized Courts

The Magistrates' Court of Kenya is further split into Specialized Courts that hear and determine cases in other specific areas.

Children's Court

Children's Courts are established under section 73 of the Children's Act to hear and determine matters concerning children including parental responsibility,

child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...

and

support Support may refer to: Arts, entertainment, and media * Supporting character * Support (art), a solid surface upon which a painting is executed Business and finance * Support (technical analysis) * Child support * Customer support * Income Su ...

, giving orders for children in need of

protection Protection is any measure taken to guard something against damage caused by outside forces. Protection can be provided to physical objects, including organisms, to systems, and to intangible things like civil and political rights. Although ...

and care, and children in conflict with the law. The courts, however, do not handle matters concerning murder or where children have been charged alongside adults. Although all Magistrates' courts in Kenya handle matters involving children, the Milimani Children's Court located at the Milimani Law Courts and the Tononoka Children's Court, based at the Tononoka Law Courts are specifically established to handle cases involving children. In November

2023 Catastrophic natural disasters in 2023 included the Lists of 21st-century earthquakes, 5th-deadliest earthquake of the 21st century 2023 Turkey–Syria earthquakes, striking Turkey and Syria, leaving up to 62,000 people dead; Cyclone Freddy ...

Chief Justice Martha Koome, declared November to be a National Children's Service Month in all court stations to fast track cases involving children, and launched the first such event at the Tononoka Law Courts.

Anti-corruption and Economic Crimes Court

The Anti-corruption and Economic Crimes Court is a specialized court located at Forodha House,

Upper Hill, Nairobi Upper Hill is a central business district of the city of Nairobi, the capital and largest city of Kenya. The district has seen an increase in major construction in recent years, with several multinational corporations setting up offices. Locat ...

. This court is established to ensure effective management of corruption and economic crimes cases.

Counter-Terrorism Court

The counter-terrorism courts, located at the Shanzu and Kahawa Sukari Law Courts are established and specialized to deal with matters involving terrorism.

Jomo Kenyatta International Airport Court (JKIA) Court

The JKIA Court is a special court established to deal with matters involving drugs, human trafficking, and other cases that may arise at the Airport. Established in 2016, the court also handles matters concerning immigration offenses and wildlife trafficking.

Sexual and Gender Based Violence (SGBV) Court

The first specialized SGBV court was established at the Shanzu Law Courts in 2022.

Mobile Court

To avail justice in remote areas, the

Judiciary of Kenya The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the ...

operates mobiles courts. Court sessions are conducted by magistrates, prosecutors, police, and other court officials who travel to affected areas and conduct court sessions.

References

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External links

The Judiciary of Kenya's official website
Judiciary of Kenya Government of Kenya Courts in Kenya