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Essay / The hierarchy of courts in Kenya
Course by Professor Takeshi Tsunoda.Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Hierarchy of Courts in Kenya The judicial system of Kenya is structured, in descending order, essentially as follows: 1. Supreme Court2. Court of Appeal3. High Court (including the Labor and Employment Court and the Environment and Land Court)4. Subordinate Courts (Magistrate Courts, Khadi Courts and Courts Martial). The Supreme Court is at the top of the Kenyan judicial system and its decisions are therefore final and binding. The Supreme Court comprises seven (7) judges, namely 1. The chief justice who is the president of the Court; 2. The Deputy Chief Justice who is the Vice-President of the Court;3. And 5 other judges. The Chief Justice and Deputy Chief Justice are appointed by the President but only in accordance with the recommendation of the Judicial Service Commission and subject to the approval of the National Assembly. The jurisdiction of the Supreme Court is well defined in the Constitution of Kenya 2010 and more particularly in Article 163(3). The Supreme Court shall have: (a) exclusive original jurisdiction to hear and decide disputes relating to elections to the office of President arising under Article 140; (b) subject to clauses (4) and (5), appellate jurisdiction to hear and determine appeals against: (i) the Court of Appeal; and (ii) any other court or tribunal prescribed by national law. » Although she has appellate jurisdiction, the jurisdiction is not absolute; and it is invoked only if the matter involves a right if the matter involves the interpretation or application of the Constitution; or a matter in which the Court of Appeals or the Supreme Court has certified suo motu that it is a matter of public importance. Furthermore, Article 163(6) gives the Supreme Court additional jurisdiction over advisory opinions. “163 (6) The Supreme Court may give an advisory opinion at the request of the national government, any organ of state or any county government on any matter concerning county government. » In Yusuf Gitau Abdalla v. The Building Center (K) Ltd & 4 Others, Petition No. 27 of 2014, the Duty Judge emphasized the importance of judicial time: “Finally, this case has highlighted the glaring lacuna in the law and regulations of the Supreme Court. Judicial time is very valuable and should not be wasted by one or more judges of the Court sitting at the preliminary stage to determine whether a case meets the prima facie threshold of jurisdiction for admission to the Supreme Court. the Supreme Court should not be clogged with cases that should not have been admitted in the first place. » The Court of Appeal; Composition and Jurisdiction The Court of Appeal is the second highest court in the Kenyan judicial system, after the Supreme Court and is generally referred to as the "Court of Appeal". In terms of composition, Article 164 (2) of the Constitution provides that: “There shall be a President of the Court of Appeal who shall be elected by the judges of the Court of Appeal from among themselves. » The Constitution of Kenya, under Article 164, provides that the number of appeal judges shall not be less than 12 but this number may be increased by an Act of Parliament. However, the law on judicial organization stipulates that the maximum number of judges of the Court of Appeal is fourteen (14). The jurisdiction of the Court of Appeal is primarily appellate in nature; it has jurisdiction to hear appeals from the High Court and any other court or tribunal prescribed by an Act of Parliament. The Appellate Jurisdiction Act, Cap. 9, by virtue of Article 3(1) and (2), further provides that the Court of Appeal has jurisdiction to,.