The High Court of Kenya is a key pillar in the country’s judicial system, established under Article 165 of the Constitution. It functions as one of the superior courts, alongside the Supreme Court and the Court of Appeal. The High Court (Organisation and Administration) Act outlines its structure, composition, and administration.
Composition of the High Court
The High Court consists of:
- The Principal Judge – the head of the High Court.
- Judges – a maximum of 200 judges, appointed under Article 166(1)(b) of the Constitution.
- Court Staff – including judicial officers and administrative personnel who support its functions.
The Judicial Service Commission (JSC) periodically assesses judicial needs and may recommend adjustments in the number of judges based on workload and case demand.
The Role of the Principal Judge
The Principal Judge, elected by High Court judges, oversees the administration and management of the court. The Principal Judge is responsible for:
- Ensuring smooth and efficient operations of the High Court.
- Coordinating the constitution of benches of two or more judges, in consultation with the Chief Justice.
- Supervising judges and ensuring timely delivery of justice.
- Performing other duties assigned by the Chief Justice.
If the position of Principal Judge becomes vacant, the Chief Justice appoints an acting Principal Judge from among the presiding judges in Nairobi for a term not exceeding 60 days.
The Chief Registrar of the Judiciary, as outlined in Article 161 of the Constitution, appoints a chief officer and additional staff to assist the Principal Judge.
Presiding Judges and Their Responsibilities
Each High Court station or division is managed by a Presiding Judge, who reports to the Principal Judge. The responsibilities of Presiding Judges include:
- Implementing strategic and policy guidelines.
- Managing and distributing cases among judges within their station or division.
- Overseeing the efficient functioning of the court.
- Acting as a liaison between the judiciary and court users.
- Ensuring the effective use of technology in judicial operations.
- Serving as the Chairperson of the High Court User Committee.
Presiding Judges are also responsible for:
- Supervising subordinate courts, tribunals, and other judicial bodies within their assigned regions.
- Managing public relations and stakeholder engagement.
- Handling any additional duties assigned by the Principal Judge.
Divisions of the High Court
To enhance efficiency and judicial performance, the Chief Justice may establish specialized divisions of the High Court based on case demand. These divisions include:
- Family and Children Division – Handles family-related matters, including custody and divorce cases.
- Commercial Division – Deals with business, trade, and commercial disputes.
- Admiralty Division – Focuses on maritime and shipping-related cases.
- Civil Division – Resolves civil disputes, including contract and tort cases.
- Criminal Division – Handles criminal cases and matters related to criminal justice.
- Constitutional and Human Rights Division – Interprets constitutional matters and enforces human rights.
- Judicial Review Division – Reviews government decisions and administrative actions.
- Other divisions – Any additional divisions deemed necessary by the Chief Justice.
Each division consists of:
- A Presiding Judge appointed by the Chief Justice.
- A designated number of High Court Judges.
- A Deputy Registrar responsible for administrative functions.
- Judicial officers and court staff.
Order of Precedence Among High Court Judges
Judges of the High Court and those from specialized courts under Article 162(2) (Employment and Labour Relations Court & Environment and Land Court) rank in the following order:
- The Principal Judge – Holds the highest precedence.
- Presiding Judges – Ranked according to their appointment date.
- Other Judges – Ordered based on their date of appointment.
If two judges share the same appointment date, their ranking is determined by the order of their names in the appointment instrument.
Conclusion
The High Court of Kenya plays a vital role in the country’s judicial system, ensuring justice and constitutional integrity. Its structure, as defined by the High Court (Organisation and Administration) Act, allows for specialization through various divisions, ensuring efficiency and effectiveness in legal proceedings.
For more details, refer to the High Court (Organisation and Administration) Act on Kenya Law.
