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Judiciary of Kenya
Historical Background of the Judiciary in Kenya

The history of Kenya’s Judiciary can be traced to the East African Order in Council of 1897 and the Crown regulations made there under which marked the beginning of a legal system in Kenya. I t was based on a tripartite division of subordinate courts; that is, Native courts, Muslim courts and those staffed by Administrative officers and Magistrates.

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Judiciary Structure

A. JURISDICTION.

Original Jurisdiction.

 The High Court is created by Section 60 of the Constitution of Kenya.

  • It has unlimited original jurisdiction in civil and criminal matters.
  • It is the highest court of original jurisdiction in Kenya.

Appellate Jurisdiction

The High Court is also endowed with appellate jurisdiction.

  • Appeals from various administrative bodies and subordinate courts are heard and determined by the High Court.
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