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Established by the Small Claims Court Act 2 of 2016 as a subordinate Court, [4] the Small Claims Court adjudicates claims not exceeding one million shillings. The court has jurisdiction to hear and determine civil claims related to contracts, money held or received, liability in tort law, compensation for injury or counterclaims in contracts. [5]
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 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 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.
According to the constitutional amendments of Act No. 2 of 2016, the structure of the judicature shall comprise the Supreme Court, with an equal ranking to the Constitutional Court, the appeals court, the High Court, the Subordinate Court, the Local Court and such lower Courts as may be prescribed by an Act of Parliament. [1] [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 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.
In general, the Court hears civil appeals from decisions of the High Court made in the exercise of the latter's original and appellate jurisdiction, [67] that is, decisions on cases that started in the High Court as well as decisions that were appealed from the Subordinate Courts to the High Court. However, this rule is subject to various ...