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The court has jurisdiction over criminal matters and derives its powers from the Criminal Procedure Code (Cap.75 of the Laws of Kenya) or any other written Law. This court also has jurisdiction to hear and determine matters arising from traffic offenses as provided for by the Traffic Act, Cap. 403 of the Laws of Kenya. [3]
The Subordinate Courts of Kenya are courts subordinate to Kenya's High Court, established under Article 169 of the Constitution of Kenya 2010. They include the Magistrates' Court , the Kadhis' Courts , the Courts Martial the Small Claims Court (Kenya) , and any other court or local tribunal established by an Act of Parliament.
The High Court of Kenya is established under Article 165 of the constitution of Kenya. It has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi-judicial function. The judges responsible elect one of them to act as the topmost principal judge in the court system.
The Kenyan Small Claims Court was established in 2016 (formally launched on 26 April 2021 at Milimani Law Courts) under section 4 of the Small Claim Act No.2 of 2016. This court is a subordinate court as per Article 169(1) (d) of the Constitution of Kenya, 2010 and its geographical jurisdiction covers sub-counties or any other units of ...
The Companies Act 1965, in its current form (15 August 2007), consists of 12 Parts containing 374 sections and 10 schedules (including 36 amendments).
Kadhi courts or Kadhi's courts are a court system in Kenya that enforce limited rights of inheritance, family, and succession for Muslims. [1] The history of Kadhi courts extends prior to the colonization of East Africa in the 19th century, and the courts continued under British rule and after Kenyan independence in 1963. [1]
In a 1991 case, the High Court held that this was statutory recognition of the common law misdemeanour of contempt of court. [10] The Subordinate Courts' power to punish acts of contempt can be found principally in two statutes, section 8 of the Subordinate Courts Act, [11] and section 410 of the Criminal Procedure Code 2010. [12]
Previously, under section 56A of the Subordinate Courts Act ("SCA"), [6] when a constitutional question arose in proceedings before the Subordinate Courts, the Courts could refer the question to the High Court and, meanwhile, stay the proceedings. However, this did not mean that the Subordinate Courts could not decide constitutional questions ...