JURISDICTION OF THE COURT

Question 1

Why is jurisdiction important?

Answer 1

• The plaint in any action must contain some allegation showing that the lawsuit is being filed in the proper court

Question 2

What are the two types of jurisdiction?

Answer 2

o Territorial jurisdiction refers to the area to which the jurisdiction of the court extends

o Pecuniary jurisdiction relates to the maximum monetary value for the cases that the court is going to entertain

Question 3

Where does jurisdiction stem from?

Answer 3

Statute and Court rules.The Constitution underpins the hierarchy of the court system and adduces the jurisdiction of superior courts

Question 4

What is THE FORUM?

Answer 4

The forum is the court having jurisdiction where a party intends to file the suit – i.e. it is the venue that is most convenient to hear the matter having regard to the fact that multiple courts may have concurrent jurisdiction

Question 5

What is TERRITORIAL JURISDICTION?

Answer 5

Territorial jurisdiction refers to a court’s power over events and persons within the bounds of a particular geographical territory – this is referred to as the local limit jurisdiction of a particular court.
For a defendant in Kenya to be subject to a suit, they must be within the jurisdiction of that court.
Hence, when filing a suit, one must identify the court with the proper territorial jurisdiction
Generally, a claim must be instituted in the court of the lowest grade competent to hear it

Question 6

SECTION 11 CPA STATES?

Answer 6

Where a case involves an important point of law, it may be instituted in a court other than that of the lowest grade.
This section governs the filing of suits in the subordinate courts and is to the effect that any suit shall be instituted in the lowest court competent to try it.
If this rule is not followed, the court in which the suit is filed is empowered to return the claim to the registry for presentation in the court of the lowest grade competent to try it.

Question 7

SECTION 12 CPA STATES?

Answer 7

Suits involving immovable property must be instituted in the courts within the local limits whose jurisdiction
the property is situated

Question 8

SECTION 14 CPA STATES?

Answer 8

In cases of personal injuries, breaches of contracts or statutory obligations, the suits should be instituted
where the cause of action arose or where the defendant resides or works for gain

Question 9

SECTION 15 CPA STATES?

Answer 9

The factors to be considered in determining in which jurisdiction a defendant is to submit to a civil suit are:
(a) Where the defendant or each of the defendants (where there are more than one) at the time of the
commencement of the suit, actually and voluntarily resides or carries on business, or personally
works for gain; or
(b) Where any of the defendants (where there are more than one) at the time of the commencement
of the suit, actually and voluntarily resides or carries on business, or personally works for gain, provided either the leave of the court is given, or the defendants who do not reside or carry on business, or personally work for gain, as aforesaid, acquiesce to such jurisdiction; or
(c) Where the cause of action, wholly or in part, arises

Question 10

SECTION 16 CPA STATES?

Answer 10

Where there is more than one defendant, the suit may be filed in a court in whose jurisdiction one of the
defendants resides or works

Question 11

What should one consider when the suit is involving immovable property?

Answer 11

Where the property is situated in Kenya – the suit shall be instituted in the court within the local limits of the jurisdiction in which the property is situated, or within the local limits of the jurisdiction where the defendant actually or voluntarily resides or carries on business, or personally works for gain

Question 12

What happens where a suit is in respect of, or for compensation for, wrong to immovable property situated within the jurisdiction
of different courts?

Answer 12

The suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated, provided that, in respect of the value of the subject matter of the suit, the entire claim
is cognizable by such court.

Question 13

SECTION 18 of CPA States?

Answer 13

This section empowers the High Court to transfer matters from itself to the lower court if it is of the opinion that the issues raised can be adequately dealt with in such court.

Question 14

What are the powers of the HIGH COURT REGARIDING JURISDICTION?

Answer 14

• The High Court is also empowered to withdraw any suit in any court subordinate to it and transfer it to itself
• The High Court under its original inherent jurisdiction can hear any matter while reserving its power to transfer a matter
  back to the lower court on the application of any of the parties

Question 15

What are the 7 DIVISIONS OF THE HIGH COURT OF KENYA?

Answer 15

1. The Criminal Division;
2. The Civil Division;
3. The Constitutional & Human Rights Division;
4. The Family Division; and
5. The Anti-Corruption and Economic Crimes Division
6. The Admiralty Division which handles maritime-related disputes is to be found in Mombasa
7. Specialized courts designated to hear and determine disputes relating to Employment & Labour Relations and the Environment & Use and Occupation of and Title to Land As per Article 162(2), Constitution 2010, both the ELRC and the ELC have the jurisdiction to hear matters touching on constitutional interpretation with reference to employment and labor relations as well as the environment and land use (Nick Githinji Ndichu v Clerk)

Question 16

For civil matters where the relief sought is generally relief as to the personal right of an individual, that is a tort, and the relief sought is valued at more than 20 million shillings, the pleadings should be filed in the Civil Division of the High Court and headed?

Answer 16

THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE CIVIL DIVISION
CIVIL SUIT NO. [X] 2019

Question 17

For civil matters dwelling on a commercial relationship or referenced on tax issues and valued at a pecuniary jurisdiction higher than the resident
magistrate’s courts, the pleadings will be filed headed?

Answer 17

THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE COMMERCIAL & TAX DIVISION
CIVIL SUIT NO. [X] 2019

Question 18

For matters where the decision of a public body is being challenged, the pleadings will be filed in the Judicial Review division headed?

Answer 18

THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE JUDICIAL REVIEW DIVISION
J.R. NO. [X] 2019

Question 19

If the matter involves probate and administration, or family law, it will be headed?

Answer 19

THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE FAMILY DIVISION
CAUSE NO. [X] 2019

Question 20

For matters of a constitutional nature, i.e. in the constitutional court, the pleadings would be headed as?

Answer 20

THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE CONSTITUTIONAL & HUMAN RIGHTS
DIVISION
PETITION NO. [X] OF 2019

Question 21

For matters relating to employment and labour related issues, the pleadings would be headed as?

Answer 21

THE REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT AT NAKURU
ELRC NO. [X] OF 2019

Question 22

For matters relating to land and tenure, or title to land, and/or referencing environmental issues, the pleadings would be headed as?

Answer 22

THE REPUBLIC OF KENYA
IN THE ENVIRONMENTAL AND LAND COURT AT
MALINDI
ELC NO. [X] OF 2019

Question 23

The magistrate’s courts are designated as subordinate courts under which article?

Answer 23

Article 196(1), Constitution 2010

The pecuniary jurisdiction of these courts is provided for under Section 7(1) of the Act and is designated upon the hierarchy

Question 24

What subject matter is under the jurisdiction of the magistrates courts?

Answer 24

1. Section 6 – Criminal jurisdiction;
2. Section 7(3) – Proceedings of a civil nature or under customary law;
3. Section 8 – Hearing and determining applications for redress of a denial, violation, infringement of, or threat to a right or fundamental freedom under the Bill of Rights. However, without jurisdiction to hear and determine claims for compensation for loss or damage suffered from the above
4. Section 9 – Subject to pecuniary limits, to hear and determine claims relating to land and environment and employment and labor relations
5. Section 10 – Power to punish for contempt of court

Question 25

What is a Small Claims Court?

Answer 25

The Small Claims Court is a subordinate court in line with Article 169 (1) (d) of the constitution and established under Section 4 (1) of the Small Claims Court Act, 2016. The Court is required to adopt measures that ensures timely disposal of cases using the least expensive method, equality, fairness of process and simplicity of procedure. As such, the statutory lead time for all filed cases as per Section 34 of the Act is sixty days (60).

The establishment of the court is part of a wider initiative to enhance the ease of doing business in the country by providing an enabling environment for investment, competitiveness and accelerated private sector growth thorough the reduction of cost and time of resolving commercial disputes before it.

Question 26

What is the jurisdiction for the Small Claims Court in Kenya?

Answer 26

As per Section 12 (1) of the Act, the Court has jurisdiction to determine civil claims relating to;

1. Contract for sale and supply of good or services,
2. Contract relating to money held or received,
3. Liability in tort in respect of loss or damage caused to any property or for delivery or recovery of movable property,
4. Compensation for personal injuries and;
5. Set off and counterclaim under any contract.

Question 27

What is the Pecuniary Jurisdiction for a Small Claims court?

Answer 27

The pecuniary jurisdiction of the Court is set at one million shillings as per the provisions of Section 12(3) of the Act.