Firm 4B Class of 2017 KSL
A
BRIEF HISTORY OF COURT SYSTEM IN KENYA
In a democratic society
where the governed relinquish a portion of their autonomy, the legal system is
the guardian against abuses by those in position of power. Citizens agree to
limitation on their freedom in exchange for peaceful co-existence and they
expect that when conflict between citizens or between the state and citizens
arise there is a place that is independent from undue influence, a place that
is trustworthy, and that has authority over all parties to solve disputes
peacefully and this place of refuge is the court.[1]
In Kenya like other
nations in the continent of Africa before the European imperialists established
(colonized, the African territories), the Africans traditional communities used
the fora of justice at family shrines, churches, mosques. It also applied other
alternative disputes resolution mechanisms that included reconciliation,
mediation and arbitration. However they instituted the courts actions as the
last resort because the people since time immemorial were aware of the fact
that the court proceedings were naturally adversarial.[2]
Access to justice in
Kenya was impeded by inadequate staff members, tortuous procedures, distance to
courts as well as inefficiency and corruption. The office of the chief justice
operated as a judicial monarch supported by the registrar of the high court,
power and authority were highly centralized. Accountability mechanisms were
weak and reporting requirement absent. The judicial institutions had weak
structures, inadequate resources, diminished conference, deficient in
integrity, weak public support and literally incapacitated to deliver justice.[3]
This made the people of
Kenya to desire a judiciary that was not only fair but also just, impartial, independent
and that would actively promote itself as accessible, friendly and affordable.[4]
Their desires were able
to be met by the promulgation of the Constitution of Kenya 2010,since it not
only recognizes access to justice as the
primary reason for which court system exist but also imposes on courts
that which is known as the overriding
objection of judicial transformation. It introduced a decentralized courts
system with the Supreme Court and the court of appeal having their own
presidents and the high court having a principal judge as heads of the
respective institution. It firmly by dint of Article 159(1) vests judicial
authority in courts and tribunals established under the constitution and the
principles guiding the courts set out under Article 159.[5]
In support of this,
section 3A of the civil Procedure Act empowers every court in exercising their
powers to make orders as may be necessary for the ends of justice and prevent
abuse of powers of the court[6].This takes us to the main
topic of the discussion, whereby we are going to look at the structure,
composition and jurisdiction of courts in Kenya.
JURISDICTION
Jurisdiction is the
power vested in the court by law to adjudicate upon, determine and dispose of a
matter.[7]
In trying to interrogate the source of the said power, the Supreme Court in Re the Matter of the Interim Independent
Electoral Commission noted that, ‘assumption of jurisdiction by Courts
in Kenya is a subject regulated by the Constitution, by statute law, and by
principles laid out in judicial precedent.’[8] In
so doing, the court further made reference to the case of Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Limited
and observed that this case ‘establishes that jurisdiction flows from the
law, and the recipient-Court is to apply the same, with any limitations
embodied therein. Such Court may not arrogate to itself jurisdiction through
the craft of interpretation, or by way of endeavours to discern or interpret
the intentions of Parliament, where the wording of legislation is clear and
there is no ambiguity.’[9]
Significance of Jurisdiction
In civil matters,
jurisdiction has practical significance when a litigant must choose the
appropriate court in which to proceed.[10]
In criminal matters on the other hand, jurisdiction is significant in
determining whether the court in which an accused person is tried has the power
to do so.[11]
Accordingly scholars have argued that the issue of jurisdiction is of
importance to the person initiating litigation as it raises and answers the
question; to which court should he address his claim?[12]
Jurisdiction is
equally important for the court itself since it forms the basis for the court’s
power to grant or to refuse the relief sought. In the Kenyan case of Owners of the Motor Vessel “Lillian S” v
Caltex Oil (Kenya) Limited[13],
Justice Nyarangi explained the importance of jurisdiction in the following
terms:
Jurisdiction is
everything. Without it, a court has no power to make one more step. Where a
court has no jurisdiction there would be no basis for a continuation of
proceedings pending other evidence. A court of law downs its tools in respect
of the matter before it the moment it holds the opinion that it is without
jurisdiction.
Consequences of Jurisdiction
Because of the
important nature of jurisdiction, it has been held that a court of law must
determine the question of jurisdiction upfront before embarking upon matters of
the merits of the case.[14]
Justice Nyarangi emphasized in this respect that ‘I think that it is reasonably
plain that a question of jurisdiction ought to be raised at the earliest
opportunity and the Court seized of the matter is then obliged to decide the
issue right away on the material before it.’[15] If
the court determines that it has no jurisdiction, it downs the tools and must
not proceed with the case any further. To proceed where there is no
jurisdiction is a waste of time as the eventual decision will be of no
consequence.[16]
In Speaker of the Senate and another v
Attorney General and another, the Supreme Court correctly observed
that:
The consequence of a
Court proceeding without jurisdiction is stated, in unambiguous terms, in Words and Phrases Legally Defined, Vol
3: 1 (at p. 113): “Where a court takes it upon itself to exercise a
jurisdiction which it does not possess, its decision amounts to nothing.”[17]
It follows therefore
that, if a court declines jurisdiction, then the application will be dismissed
without reaching the merits of the case—and without the court granting the
relief sought, even if the applicant would otherwise have been entitled to it.
Before adopting the
above quoted words in the “Lilian S” case,
the Court of Appeal in Mumo Matemu v
Trusted Society of Human rights alliance and others observed that ‘[i]t
is trite that the jurisdiction of any court provides the foundation for its
exercise of judicial authority. As a general principle, where a court has no
jurisdiction, it has no basis for judicial proceedings much less judicial
decision or order.’[18]
THE SUPREME COURT OF KENYA
Establishment
The
Supreme Court is established under article 163 of the constitution.[19]
It is classified as one of the three superior court in Kenya.[20]
Composition
It
consists of;
(a)
The Chief Justice, who shall be the president of the court;
(b)
The Deputy Chief Justice, who deputizes the Chief Justice and as the vice-president
of the court;
(c)
Five other judges
The
Supreme Court is properly constituted for the purposes of its proceedings if it
is composed of five judges.[21]
Jurisdiction
The
Supreme Court has jurisdiction over the following;[22]
1.
Exclusive original jurisdiction to hear and determine disputes relating to the
elections to the office of President arising under Article 140; in Raila
Odinga v Independent Electoral & Boundaries Commission & 3 others
[2013][23] the
court stated “The Court’s jurisdiction in the consolidated Petitions was not an
issue for determination per se. That the parties chose to move the Court to
determine the validity of the Presidential election was an indication that they
had no doubts as to the Court’s jurisdiction. However, the gist of some of the
prayers in the Petition, and of the submissions made in support, raised a question
as to the nature and extent of the Court’s jurisdiction. It is clear that the
Supreme Court’s jurisdiction in a Presidential election is both original and
exclusive… No Court other than the Supreme Court has the jurisdiction to hear
and determine disputes relating to an election for the office of
President. This jurisdiction, however,
is not boundless in scope: it is circumscribed in extent and in time. Limited
in extent, in that it relates only to an inquiry into the legal, factual and
evidentiary questions relevant to the determination of the validity or
invalidity of a Presidential election.”
2.
Appellate jurisdiction to hear and determine appeals from the Court of Appeal
and any other court or tribunal as prescribed by national legislation. This is
illustrated by Yusuf Gitau Abdallah v Building Centre (K) Ltd & 4 others [2014].[24]
The Petitioner in this case had been acting in
person in this matter from inception. He had his matter pending before the
Industrial Court, a Court with the status of the High Court, but decided to
approach the Supreme Court directly. The question was whether the Court had
Jurisdiction to admit him or even hear him. The court stated “This matter falls outside the jurisdiction
of the Supreme Court on both the ripeness
doctrine and the venue
doctrine. Even as the Court seeks to do justice, it cannot be lost to it
that despite having a conscience, it is a court of law and not of mercy. It is
also bound by the law and more so the Constitution which binds all. The Petitioner
cannot be excused even on the pretext that he did not know this jurisdictional
boundaries. A reading of the documents he has submitted to this Court shows
that he describes himself inter alia as a printing consultant by
profession with the ability to speak seven languages. Be it as it may, it is a
legal principle that ignorance of the law is no defense. Hence the petitioner
cannot with any iota of excuse claim he did not know this….Consequently, this
matter is hereby struck out as it does not fall within the jurisdiction ambit
of the Honorable Court. The Petitioner is directed to go and pursue his matter
in the Industrial Court”.
3.
Appeals lie from the Court of Appeal to the Supreme Court
(a) As of right in any case involving the
interpretation or application of this Constitution;
(b)
In any other case in which the Supreme Court, or the Court of Appeal, certifies
that a matter of general public importance is involved. General public
importance is a contentious issue however the court established a test for
public interest and importance in the case of Malcolm Bell v Daniel
Toroitich Arap Moi & another [2013] [25]as follows
- for a case to be certified as one involving a matter of general
public importance, the intending appellant must satisfy the Court that the
issue to be canvassed on appeal is one the determination of which
transcends the circumstances of the particular case, and has a significant
bearing on the public interest;
- where the matter in respect of which certification is sought raises a
point of law, the intending appellant must demonstrate that such a point
is a substantial one, the determination of which will have a
significant bearing on the public interest;
- such question or questions of law must have arisen in the
Court or Courts below, and must have been the subject of judicial
determination;
- where the application for certification has been occasioned by
a state of uncertainty in the law, arising from contradictory precedents,
the Supreme Court may either resolve the uncertainty, as it may determine,
or refer the matter to the Court of Appeal for its determination;
- mere apprehension of miscarriage of justice, a matter most apt
for resolution in [other] superior courts, is not a proper basis for
granting certification for an appeal to the Supreme Court; the matter to
be certified for a final appeal in the Supreme Court, must still fall
within the terms of Article 163 (4)(b) of the Constitution;
- the intending applicant has an obligation to identify and
concisely set out the specific elements of “general public importance”
which he or she attributes to the matter for which certification is
sought;
- Determinations of fact in contests between parties are not, by
themselves, a basis for granting certification for an appeal before the
Supreme Court.
5. A certification by the Court of Appeal under
general public importance may be reviewed by the Supreme Court, and either
affirmed, varied or overturned. In Peter Ngoge v Ole Kaparo[26], Court
thus stated:
“In the interpretation of any law touching on the
Supreme Court’s appellate jurisdiction, the guiding principle is to be that the
chain of Courts in the constitutional set-up, running up to the Court of
Appeal, have the professional competence, and proper safety designs, to resolve
all matters turning on the technical complexity of the law; and only cardinal
issues of law or of jurisprudential moment, will deserve the further input of
the Supreme Court.”
6.
The Supreme Court may give an advisory opinion at the request of the national
government, any State organ, or any county government with respect to any
matter concerning county government. In the matter of the principle of gender
representation in the National Assembly and the Senate [2012][27] The
Advisory Opinion of the Court was sought on the following issues:
A. Whether Article 81(b) as
read with Article 27(4), Article 27(6), Article 27(8), Article 96, Article 97,
Article 98, Article 177(1) (b), Article 116 and Article 125 of the Constitution
of the Republic of Kenya require progressive realization of the enforcement of
the one-third gender rule or requires the same to be implemented during the
general elections scheduled for 4th March, 2013?
Speakers of the 47
County Assemblies v Commission on Implementation of the Constitution & 2 others
[2016] [28]The applicant, by its Reference dated 6th August 2014
(filed on 7th August, 2014), sought an Advisory Opinion,
pursuant to Article 163(6) of the Constitution. The issues raised were as
follows:
- whether a Constitutional Commission or an Independent Office can, by
way of a Circular, regulate the internal affairs of a County Assembly,
such as sittings of such an Assembly, or a County Government organ
established under Article 176(1) of the Constitution of Kenya;
- Whether a member of a County Assembly enjoys immunity from civil or
criminal proceedings for words spoken before, or matter brought against
him/her in the National County Assembly?
- What constitutes valid grounds for removal of a Speaker of a County
Assembly?
B. Whether an unsuccessful
candidate in the first round of Presidential election under Article 136 of the
Constitution or any other person is entitled to petition the Supreme Court to
challenge the outcome of the first round of the said election under Article 140
or any other provision of the Constitution?”
7.
The Supreme Court may decide on the validity of a declaration of a state of
emergency, any extension of a declaration of a state of emergency and any
legislation enacted, or other action taken, in consequence of a declaration of
a state of emergency.[29]
All
courts, other than the Supreme Court, are bound by the decisions of the Supreme
Court. The Supreme Court makes rules for the exercise of its jurisdiction.
THE
COURT OF APPEAL
It can be defined as an
appellate court subordinate only to the Supreme Court, it is established under
Article 164(1) of the Constitution of Kenya 2010.The court of appeal consists
of a number of judges being not fewer than 12 as may be prescribed by an Act of
parliament.
It comprises of a president
of the court of appeal who are elected by then judges of the court of appeal
from among themselves. It is recognized as a superior court of record therefore
it sets precedents, it has limited original jurisdiction in that it hears
appeals from the high court. As a superior court, its decision is final except
only in certain weighty cases that may call for and or involve the wise counsel
of the Supreme Court.[30]
It can have original
jurisdiction only in punishment for contempt of court, and when stating execution
of orders of the high court. The procedure and practice of the court of appeal
are regulated by the rules of court made by the Rules Committee constituted
under the appellate Jurisdiction Act cap 9.
It also has power to
determine case finally; order for trial; order for re-trial, frame issues for
the determination of the high court receive additional evidence or order that
it be taken by another court.
THE HIGH COURT
Establishment
It is established under Article 165
of Constitution of the Republic of Kenya, 2010.
Composition
The actual number of judges of the
High Court, together with the manner of the Court’s administration and
operation, is to be guided by an Act of Parliament. However the High Court is
to have a Principal Judge elected by the judges of the High Court from among
themselves.[31]
Jurisdiction[32]
The
High Court shall have:
a). Unlimited original jurisdiction
in criminal and civil matters
b). Jurisdiction to determine the
question whether a right or fundamental freedom in the Bill of Rights has been denied, violated,
infringed or threatened;
c). Jurisdiction to hear an appeal
from a decision of a tribunal appointed under the proposed Constitution to consider the removal of a person
from office, except the tribunal to
remove the President from
office
d).Jurisdiction to hear any question
respecting the interpretation of the Constitution including the determination of the question whether any law is
inconsistent with or in contravention of
the Constitution;
f).The question whether anything
said to be done under the authority of the Constitution or of any law is
inconsistent with, or in contravention of, the Constitution; any matter relating
to constitutional powers of State organs in respect of county governments and any
matter relating to the constitutional relationship between the levels of
government; and a question relating to conflict of national vs. county laws
under Article 191.
g).Any other jurisdiction, original
or appellate, conferred on it by legislation.
h). Any matter certified by the
court as raising a substantial question of law under [b] or [d]above shall be heard by an uneven
number of judges, being not less than three, assigned
by the Chief Justice.
i).
The High Court has supervisory jurisdiction over the subordinate courts and
over any person, body or authority exercising a judicial or quasi-judicial
function, but not over a superior court. To this end, the High Court may call
for the record of any proceedings before any subordinate court or person, body
or authority as part of its duties under this clause, and may make any order or
give any direction it considers appropriate to ensure the fair administration
of justice.
Jurisdiction Limitation
The
High Court however, has got no jurisdiction over certain issues. These issues
include:
a). Issues reserved for the
exclusive jurisdiction of the Supreme Court falling within the jurisdiction of the Employment and Labor
Relations Court or the Lands and Environment Court.
THE EMPLOYMENT AND LABOR COURT
Establishment
Employment and Labor Relations Court
in Kenya is envisioned by the constitution[33].
The substantive law containing its rules and procedures is the Employment and
Labor Relations Court Act 2011. Its main purpose is settling employment and
industrial relations disputes and the furtherance, securing and maintenance of
good employment and labor relations in Kenya.
Jurisdiction
The Act gives the court exclusive
original and appellate jurisdiction to hear and determine all disputes referred
to it in accordance with Article 162(2) of the Constitution of the Republic of
Kenya, 2010 and the provisions of the Act or any other written law which
extends jurisdiction to the court on matters relating to employment and labor
relations, including disputes:[34]
a). Relating to or arising out of
employment between an employer and an employee
b). between an employer and a trade
union
c). between an employers’
organization and a trade unions organization;
d). between trade unions
e). between employer organizations
f). between an employers’
organization and a trade union
g).between a trade union and a
member thereof
h). between an emp1oyer’s
organization or a federation and a member thereof
i). Concerning the registration and
election of trade union officials
j). Relating to the registration and
enforcement of collective agreements.
THE ENVIRONMENTAL AND LAND COURT
Establishment
The court is envisioned in the
constitution[35].
The Environmental and Land Court Act 2011 establishes the rules and procedures
of the environmental and lands court. It
gives effect to Article 162(2)(b)
of the Constitution of the Republic of Kenya, 2010; to establish a superior
court to hear and determine disputes relating to the environment and the use
and occupation of, and title to, land, and to make provision for its
jurisdiction functions and powers, and for connected purposes.
The Court shall be a superior court of record
with the status of the High Court.
Composition
The
Court shall sit-
(a)
The Principal Judge; and
(b)
Such number of Judges as may be necessary for the efficient and effective
discharge of the functions of the Court.
Jurisdiction
The Court shall have and exercise
jurisdiction throughout Kenya and shall pursuant to the Act ensure reasonable
and equitable access to its services in every county.[36]
The
Court, which shall be a superior court with the status of the High Court, shall
have jurisdiction throughout the Republic of Kenya to hear and determine
disputes relating to the environment and the use and occupation of, and title
to land.
MAGISTRATE
COURTS.
Establishment
The
2010 constitution provides for the
establishment of magistrate courts.[37]
Composition
Magistrate courts are duly constituted when
held by a Chief Magistrate, Senior Principal, A Principal Magistrate and a
Senior Resident Magistrate or Resident Magistrate.[38]
Jurisdiction
Magistrate Courts have jurisdiction throughout
the country to handle criminal in accordance with the Criminal Procedure Code[39] and
civil cases depending on the pecuniary damages sought. The hierarchy of
magistrate’s is as follows; Chief Magistrate, Senior Principal Magistrate,
Principal Magistrate, Senior Resident Magistrate, Resident Magistrate and
District Magistrate.
In
Magistrate Courts, jurisdictions of civil cases entirely depend on the value of
subject matter in dispute and are categorized as follows;
a. Twenty million shillings for Chief Magistrate.
b. Fifteen million shillings for Senior Principal
Magistrate.
c. Ten million shillings for Principal
Magistrate.
d. Seven million for Senior Resident Magistrate.
e. Five million for Resident Magistrate.[40]
In
addition, Magistrate Courts have jurisdiction concerning claims under customary
law.[41]Such
as marriage, divorce, dowry and intestates succession.
COURTS
MARTIAL
The
court martial is established under article 169 of the constitution. It has
criminal jurisdiction over member of the Kenya Defense Forces; the army, navy
and air force. Its rules, procedures and crimes to be tried are contained in
the Kenya Defense Forces Act No 25 of 2012. Appeals from the courts martial are
to the High Court of Kenya
KADHIS’ COURT
The
kadhi’s court has been established under article 169 of the constitution. It is
composed of a chief kadhi and other kadhi’s not less than three as may be
prescribed under an act of parliament. The jurisdiction of a kadhi’s court is
limited to the determination of questions of Muslim law relating to personal
status, marriage, divorce or inheritance in proceedings in which all the
parties profess the Muslim religion.
The
parties must submit to the jurisdiction of the kadhi’s court. The jurisdiction
and powers of the kadhi’s court are provided for by the Kadhis’ courts Act cap
11 laws of Kenya. The jurisdiction of the kadhi’s court does not limit the
jurisdiction of the high court or subordinate courts in any proceedings which
comes before it. This was illustrated in
Succession cause no 301 of 2014(in the matter of S.P.B AND A.S.B)[42].The
petitioners who are respectively widow and mother in-law of the deceased Muslim
man had filed two proceedings before the High court petitioning for grant of
representation to the estate of deceased.
The interested parties to this suit who are respectively a son and widow
of the deceased under first marriage raised a primary objection on the
jurisdiction of the high court and wanted the matter to be moved to the high
court. The issue before the court was
whether high court had jurisdiction to entertain the matter of succession to
the estate of the deceased Muslim or whether it is the kadhi’s court that has
exclusive jurisdiction, and consequently, whether the court will order the
transfer of the succession proceedings to the kadhi’s court for hearing and
disposal. It was held that the jurisdiction of the high court in civil matters
is unlimited by virtue of Article 165 of the constitution and that the kadhis’
court Act, cap 11 Laws of Kenya also acknowledges the jurisdiction of the high
court in matters that come before it.
Other
roles of kadhi courts include; officiating and registration of Islamic
marriages, counselling and mediation between Muslim couples in marital
disputes, adjudicating over divorce proceedings and the issuance of divorce
certificates and
administration of Muslim estate
COURT REGISTRIES
The
registry is where all pleadings, supporting documents and all orders and court
decisions are recorded and maintained.
The
office receives pleadings from litigants for the purpose of processing and
forwarding to the court.
They
are managed by each court’s respective registrars and are headed by executive
officers.
Its
functions include:
a) Custody and safekeeping of court records
b) Collecting court fees and accounting for it
c) Responding to inquiries regarding filing of
court documents, fee schedules, cause lists etc.
Location
There
are approximately 142 registries spread out across he countries court stations.
Working
hours
They
are normally open from Monday to Friday from 9.00 am-5.00pm. They are closed on
weekends and public holidays.
CRITIQUE OF JUDICIAL STRUCURE
1) Overlap of functions
The
Supreme Court does have some overlapping functions with the court of appeal
which is a weakness in the structure.
2) Duplication of functions
Likewise,
the Supreme Court and the high court share overlapping functions with regard to
constitutional litigations.
[1]Jusstice
Alnashir Visram,Role and Responsibility of courts under the constitution of kenya2010.
[2]
Gabriel Lubale,Court System in Kenya
[3]
Ole Naeku Timothy Tipila,The Hierachical
Structure of Courts and Inherent Powers and Discretion of Kenyan
Subordinate Courts in Preventing Abuse of the
courts’ process in Criminal Proceeding Laws of Kenya.
[4] Supranote1
[5] ibidi
[6] Ibid,cap
21 of the law Kenya
[7] Dr. Mutakha Kang’u, Jurisdiction and
Competent Courts (2015)
[8] Re the
Matter of the Interim Independent Electoral Commission [2011] eKLR para 29.
[9] Re the
Matter of the Interim Independent Electoral Commission [2011] eKLR para 30.
[10] Supra n. 1
[11] Johan de Waal, Iain Currie and Gerhard Erasmus
The Bill of Rights Handbook (2000) Juta& Co Ltd at p 88.
[12] Sebastian Seedorf ‘Jurisdiction’ in
Constitutional Law of South Africa (2011) Juta& Co LtdCh 4.
[13] Owners
of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Limited [1989] KlR 1
[14]
Supra n. 1
[15] Owners
of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Limited [1989] KlR 1
[16]
Supra n. 1
[17] Speaker of the Senate and another v Attorney
General and another [2013] eKLR para 4.
[18] Mumo
Matemu v Trusted Society of Human rights alliance and others [2013] eKLR
para 33.
[19]
The Constitution of Kenya 2010 Article 163
[20] The
Constitution of Kenya 2010 Article 162
[21] Supra
n 1
[22]
Supra n1
[23] Raila
Odinga v Independent Electoral & Boundaries Commission & 3 others
[2013] eKLR www.kenyalaw.org last
accessed 14/2/2017
[24] Yusuf
Gitau Abdallah v Building Centre (K) Ltd & 4 others [2014] eKLR www.kenyalaw.org last accessed 14/2/2017
[25] Malcolm
Bell v Daniel Toroitich Arap Moi & another [2013] eKLR Application 1 of
2013 www.kenyalaw.org last accessed
14/2/2017
[26]PETER
O. NGOGE v FRANCIS OLE KAPARO & 4 OTHERS [2007] eKLR Misc Civ Appli 22 of
2004(OS) www.kenyalaw.org last accessed 14/2/2017
[27] .
In the matter of the principle of gender representation in the National
Assembly and the Senate[2012]eklrwww.kenyalaw.org
last accessed 14/2/2017
[28] Speakers
of the 47 County Assemblies v Commission on Implementation of the Constitution
& 2 others [2016] eKLR www.kenyalaw.org last accessed 14/2/2017
[29]
The constitution of Kenya 2010 Article 58(5)
[30] The Constitution of Kenya 2010 Article
164(2)(3)(a)
[31] The
Constitution of Kenya 2010 Article 165
[32]
Ibid
[33] The
Constitution of Kenya 2010 Article 162(2)(a)
[34]
Employment and Labor Relations court Act section 12
[35] The
Constitution of Kenya 2010 Article 162(2)(b)
[36] The Environmental and land Court Act No. 11
of 2011 Section 26
[37] The
Constitution of Kenya 2010 Article
169 (1)
[38] The Magistrate’s Courts Act No 26 of 2015
Section 5
[39] Ibid
Section 6
[40]
Ibid section 7(1)
[41]
Ibid section 7(3)
[42] Succession cause no 301 of 2014(in the
matter of S.P.B AND A.S.B) www.klr.org last accessed 14/02/2017
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