System
The Kenyan court system comprises the lower courts, the High Courts, the Supreme Court of Appeal, the Constitutional Court and such special courts as the Small Claims Court, the Labour Court, the Tax Courts, the Land Claims Court and the Electoral Court.There is only a very slight distinction between the procedures of the High Court and those in the Magistrate's Court. As a result, save where otherwise indicated, it is safe to assume that the form and content of the proceedings is the same. It is important to note, however, that both courts have their own empowering statutes and court rules. The Magistrate Court Act, in each case, sets out what kinds of disputes may be heard by each court, and the rules prescribe how the disputes will be brought before court: that is to say, the form of pleadings and time limits.
Magistrate's Court
The magistrate's courts are the lower courts in Kenya. These are creatures of statute, created by the Magistrates' Courts Act, and therefore do not have inherent jurisdiction. This means that they may hear only those matters prescribed by the Act. There are two kinds: the district Magistrate's Court and the Regional Magistrate's Court. The country is divided into magisterial districts, each of which has a magistrate's court. In certain cases, magisterial districts are grouped together. In each such region, there is a Regional Magistrate's Court.The Magistrate's Court are also reffered to as the "Lower Court," and the presiding magistrates known as "Judges of the Lower Court," who would be appointed by the Judicial Service Commission.
Owing to the volume of administrative work involved in civil-court matters, each court has a comprehensive system of administration. The key officer in civil matters is the Clerk of the Civil Court. This official is appointed by the magistrate to undertake such administrative duties as issuing summonses, receiving pleadings, compiling court rolls and keeping records. He also has the task of noting judgments in certain matters.
The administration of civil work in the regional court is conducted by the Registrar of the Regional Court. In practice, this role is often covered by the same person, who wears different hats depending on whether he is administering lower-court or regional-court matters.
High Court
The term "High Court" is misleading, because it suggests that there is only one, whereas in reality there are many, divided into provincial and local divisions. The High Court enjoys inherent jurisdiction, and therefore may hear all applications, whereas the lower courts may only hear some. Matters in the High Court are presided over by judges under the leadership of the Judge President. Administration is led by the office of the Registrar of the High Court, whose duties are similar to those of the clerk of the court.Supreme Court of Appeal
The Supreme Court of Appeal (SCA), located in Nairobi, is the highest court in appeal cases with no constitutional basis. Matters in the Supreme court are presided over by judges under the leadership of the President of the Supreme Court of Appeal who is the chief justice of Kenya.Constitutional Court
This is the highest court in constitutional matters. It is presided over by judges under the leadership of the Chief Justice.Personnel
The clerk of the Magistrate's Court or registrar of the High Court is the administrative hand of the court, whose duty it is to receive and file documents, to notify legal representatives, to compile the court roll, to tax bills and, where he or she has the power, to grant orders.There is also a clerk of the court whose jurisdiction is specific, and his duties are set out the Magistrates' Courts Act and in the Rules. He has the power to deliver and serve court documents and judgments, to execute writs and to conduct arrests. Whereas the clerk or registrar plays a mostly administrative role, then, the clerk is charged with more practical matters.
Finally, there are legal representatives and presiding officers.