The Kenyan court system is a ladder with a clear structure. Knowing which court handles which matter explains why a case starts where it does, and what the routes of appeal look like if it does not end there.
Which courts exist, and what does each one handle?
- Magistrates’ courts , the workhorse of the system, handling most criminal cases and civil claims up to the monetary limits set by law.
- The High Court , unlimited original jurisdiction in civil and criminal matters, with specialised divisions; environment and land disputes and employment disputes also have their own superior courts dedicated to those fields.
- The Court of Appeal , hears appeals from the High Court and the specialised superior courts.
- The Supreme Court , the apex court, hearing appeals in defined circumstances, including matters of general public importance.
- Kadhi’s courts and tribunals , specialised forums for defined matters, alongside the mainstream courts.
How does a case move through the system?
A matter begins by filing the pleadings , the plaint, petition, or charge , after which the documents are served on the other side. The court then manages the case toward hearing: pre-trial directions, exchange of documents and witness statements, and hearing dates. Most registries now use electronic filing, and daily cause lists are published by the Judiciary. How long each stage takes varies with the court, the parties, and the complexity of the matter, but the sequence itself is predictable: filing comes before hearing, hearing before judgment, and judgment before any appeal.
Where does your dispute belong?
Three factors decide: the value of the claim, its subject matter, and any statutory direction on forum. Getting the forum wrong wastes months, so this is a question an advocate answers early , and sometimes the answer is not a court at all, since arbitration and mediation resolve many commercial disputes without filing anything. Our practice areas page describes the litigation and advisory work we handle, and our arbitration and ADR practice assists where a forum outside the courts is the better course.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.