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Article 169 1(b) of the Constitution of Kenya 2010 creates Kadhi's court. This is a court that hears civil matters relating to Sharia law. The parties involved must all be followers of Islam and all must agree that the matter to be decided under Islamic law. The matter must be civil in nature e.g. Divorce, succession etc.
But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case is appealed). [1] Most countries make a clear distinction between civil and criminal procedure.
The High Court of Kenya is a court of unlimited original jurisdiction in criminal and civil matters established under article 165 of the Constitution of Kenya, 2010 as part of the Kenyan Judiciary. It also has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi ...
The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the Kenyan Constitution . As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country.
In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom; [note 2] in common law systems there are also several sources that combine to form "the law". Civil law systems often absorb ideas from the common law [note 3] and vice-versa. Scotland, for instance, has a hybrid form of ...
[1] In other countries like Kenya and Uganda, the lawyer watching brief has to work hand in hand with the prosecutor to ensure that the police file is availed in court at the hearing and witnesses bonded to attend court. Whereas the lawyer is not strictly performing the duty of the police, the advocate watching brief plays a crucial role in ...
David Ndii & Others V. Attorney General & Others also known as the BBI Judgement, was a landmark ruling made in the Kenya High Court on 13 May 2021, which issued an injunction on Kenya's Independent Electoral and Boundaries Commission (IEBC) from proceeding with President Uhuru Kenyatta's and retired Prime Minister Raila Odinga's Building Bridges Initiative. [1]
The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.