What is the Legal System and Jurisdiction in Kenya?

Question from dd, What is the Legal System and Jurisdiction in Kenya?

Answer from AI:

Kenya operates under a common law legal system, which is a blend of the English common law, customary law, and statutory law. The Kenyan legal system is based on the Constitution of Kenya, which is the supreme law of the land. Any law that is inconsistent with the constitution is deemed void to the extent of the inconsistency.

Kenyan Court System

The Kenyan court system is hierarchical, with the Supreme Court at the apex. Below the Supreme Court, there are the Court of Appeal, the High Court, and the Magistrates’ Courts. The jurisdiction of each court is defined by the Constitution and various statutes.

The Supreme Court has exclusive jurisdiction to hear and determine disputes relating to the elections to the office of President. It also has the authority to hear and determine appeals from the Court of Appeal.

The Court of Appeal has jurisdiction to hear appeals from the High Court and any other court or tribunal as prescribed by an Act of Parliament.

The High Court has unlimited original jurisdiction in criminal and civil matters. It also has jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.

The Magistrates’ Courts have jurisdiction over certain types of civil and criminal cases, depending on the rank of the magistrate and the nature of the claim.

Legal Advice and Representation

In Kenya, only a person who is enrolled as an advocate under the Advocates Act has the right to practice as an advocate, subject to the conditions and restrictions specified in the Act. If you are involved in a legal dispute or need legal advice, it is recommended that you consult with a legal professional.

Legal Resources

For more information on the Kenyan legal system, you can refer to the following resources:

• Kenya Law: An online portal that provides access to Kenyan legislation, case law, and legal commentary.
• The Judiciary of Kenya: The official website of the Kenyan Judiciary, which provides information on the court system, court decisions, and court procedures.

Please note that this information is intended to provide a general overview of the legal system and jurisdiction in Kenya. It does not constitute legal advice. For personalized advice, please consult with a legal professional.