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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 Magistrates' Court of Kenya is a Subordinate court established under Article 169 1(a) of Kenya's 2010 Constitution. [1] The Court is subordinate to the High Court and is presided over by either a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate, or a resident magistrate. [2]
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]
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.
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 ]
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 Sale of Goods Act, [39] an English Act made applicable to Singapore by the Application of English Law Act, sets out legal rules relating to the sale and purchase of goods. The Women's Charter [ 40 ] sets out the law relating to marriage, divorce and separation, family violence, and the protection of women and girls.
Only the High Court may grant declarations in judicial review cases; [107] although the Subordinate Courts are generally empowered by the Subordinate Courts Act to grant declarations, a District Court exercises no judicial review jurisdiction over acts or decisions of persons or authorities, [13] and a Magistrate's Court cannot deal with any ...